October 06, 2011 David Applegate, CEO GMAC Mortgage 1525 South Beltine Road Coppell, Texas 75019

Re: Account Number 0434788600 Dear Mr. Applegate: I am in receipt of a GMAC letter dated August 24, 2011 in which one of your employees, Alex Davis, states he was a member of a small team dedicated to helping you find a solution to your financial hardship. Since then Ive had various conversations with Mr. Davis wherein I informed him of the following: 1. 2. Earlier this year I spoke with a GMAC representative regarding a single payment I missed due to financial hardship. This GMAC representative informed me that I might be eligible for a GMAC Home Loan Modification, even though such service had been provided for me several years ago. Furthermore; this representative informed me that I had to be three payments in arrears to qualify for this program, and encouraged me to apply. Subsequently; following the advice I was given I became three months behind in my payments, at which time GMAC sent me forms regarding Home Loan Modification. This was precisely the same process I followed several years ago, on the advice of a GMAC representative, just prior to my first loan modification. Subsequently; I received a notice from GMAC that stated that my home was now subject to, or actually in, foreclosure.

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My first Home Loan Modification Application was rejected on the basis of insufficient income, so I began advertising to rent out a room. Some time thereafter, at his express invitation, I met with GMAC representative Benjamin Candler at 801 W. Congress Street, Tucson Arizona. When Mr. Candler checked my file online, he discovered that the date for the sale of my home was November 28, 2011.

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10. Mr. Candler looked at my application for Home Loan Modification and discovered that my food stamps were not considered income even though my monthly food expenditure was considered a debit 11. I objected when Mr. Candler suggested I fill out the form and put in $20.00 per month as a monthly food cost, since I would not be receiving any credit on the basis of my food stamp income. I did not want to submit an affidavit with false information even though Mr. Candler assured me everyone does it.

12. Moreover; Mr. Candler told me that my insurance company had been overcharging me for home insurance, such overcharge adding nearly $100.00 per month to my payments since the first modification in 2009, thus resulting in my missing a single payment, as set forth in paragraph 1.
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Moreover; Mr. Candler assured me that, based on the modifications he was suggesting regarding my reapplication, I would qualify for a Home Loan Modification should I resubmit my application, along with proof of my increased income due to renting out a room.

14. Mr. Candler then informed me that a personal assistant, who would be responsible for all future contact with GMAC would be contacting me, and shortly thereafter I received your August 24, 2011 letter. 15. Subsequently; we spoke on several occasions whereupon you advised me to submit a new GMAC Home Loan Modification application.

16. On several of these occasions our conversation became very contentious, based on what I believe to be deliberate GMAC policy which is: GMAC representatives use the HAMP program and give the homeowner false hope and false information and then foreclose on homes which are substantially above water or in which the homeowner still has substantial equity, resulting in a net gain for GMAC. 17. I believe that, to a substantial degree, GMAC only grants home loan modifications when the homeowner is underwater in which case a foreclosure would result in a net loss to GMAC.

18. During our conversation several Fridays ago, you told me the date for my foreclosure had been set aside; however last Friday you told me that my foreclosure date had been set for November 28, 2011. 19. I have spoken with an attorney and I am considering filing suit in U.S. District Court, alleging, amongst other things, that GMAC Mortgage is presently engaged in fraud and deception regarding Home Loan Modifications. My attorney informs me our complaint will be the basis of a class action. Yours Truly, GMAC Client roywarden@hotmail.com