i , have been fighting The Money Store/ Fairbanks Capital/ HomeQ Servicing/ since January 2000.
I had to have hip replacement and filed a chapter 7 to reduce my debts.
I was only working part time as an auditor and was Home Bound, learning To be self sufficient. And receiving Disability.
I reaffirmed my home loan.(1999)
According to the National Consumer Law Center. "Surviving Debt" Book, I Had special Rights created since I had a non purchase money loan. The home Improvement Contractor had to be Sued for shoddy workmanship, and The Money Store paid them off any way,
(more special rights Created according the NCLC, for a "non-purchase money loan"
I went to legal aid and was paid partially the money I spent on the Getting The roof repaired.
I contacted (NCLC) for their help and They don't help consumers directly, only attorney and "advocates".
That would be you.
The second time I filed bankruptcy to save my home, it was because Fairbanks Capital had Tried to enforce my arrearage fees And that was created by The Money Store, dragging their feet .
The Bankruptcy judge told Fairbanks , they had gotten a "pig in A Poke", because they
Knew I was in default and fighting it, and their assignment
Was a "pig In a Poke". And they Were not "holder in due course".
An assignee only attains holder-in-due-ourse Status
Thus avoids defenses the consumer raises (1) if It Assigned A negotiable instrument and meets the
Holder-in-due-course Requirements of Article 3 of the UCC.
Legal aid, while not willing to represent me, because I was in a Chapter 13. Told me, that if Fairbanks was not "holder -in-due-course"..........no one was. Despite Homeq Servicing notifying Me, over 20 days later, that they were the new servicers of my loan.
I raised this legal issue in my adversarial complaint to no avail.
I contacted NACA the same year. Homeq servicing was unresponsive. In Fact, they were Unresponsive to any and every agency that contacted them on My Behalf.
Then the Housing Information Office contacted them and United Services(2004). I was Allowed To enter into an loan Modification agreement in the spring of 2003,
(587.000 they accepted the money given them To bring me current and to start my payments of $329. Or so.
I sent them a deposit slip. And a check for the first "new payment" Arrangement. They sent It back to me. Despite accepting the monies From the agencies. Saying That I Was in Bankruptcy and they could not accept it. I was not , it had been Discharged. They kept the Agency's money. And claimed there "was no loan modification signed and Received".
In September 2003, a loss mitigation agent contacted me and said Well When do you Want your new payment schedule to start?
I said, December, because I Was Told, fees had To be paid again. And I knew I had to get them from somewhere.
In October and November I was contacted and a gentleman asked me how much did I want to sell my Home For?
I told him it was not for sale. He then advised me, that it was Being Advertised to be
Auctioned on Jan. 9, 2004. I , pro-se filed a Chapter 13. To stop the Sale. Every time Homeq has been unreasonable and uncooperative,
I filed bankruptcy. I Had no Choice. Or lose my home.
I have been diligent in timelines and filings. I filed an adversary Complaint while paying to the trustee each month. I contacted 29 attorney's.
I even filed a Motion with the judge because I was indigent, an attorney could be appointed by him. This Too was ignored and rejected.
You have no 'Power". Please--help me. The attorney's who would not or Could Not help Me, said, Missouri does not have any "anti-predatory lending laws".
They Imparted some Legal gems and sent me with "god speed".
They definitely if they had any Opinion at all said,
TRUTH IN LENDING VIOLATIONS, have occurred in my case. (accepting late Pymts In the past)
Legal aid was allocated monies to help fight predatory lending here In Missouri. (2003)
First they told me, I was in a chapter 13. They could not help me.
They only Help and Do chapter 7.
Two years later, I contacted them and They told me, I was in The wrong Zip code.
They only helped people in certain Zip Codes. Then when I
Contacted them This year. 2008. I was told, There were not enough attorney's to help everyone and Not enough funds.
However, I was entitled to homestead exemption. Of $15,000.00. My loan is only $34, 085. But with all the excess and bogus fees, they have added, it Tops $73,000
And this took away the exemption. Which would have made me only owe $15,000 Or so on the loan.
I , fought this case through the Bankruptcy Appellant Court, to The U.S. APPEALS COURT.
According to them no laws have been broken
(all constituent services contact numbers)
And yes, I contacted my State Senators (Clair McCaskill,
Emmanual Cleaver(816-842-4545), Yvonne Wilson ((573-751-9758)
State Representatives--Yvonne Wilson, and Govenor Matt Blunt (573-751-3222)
Govenor Chris Bond (573-634-24850) and
HUD in 2003, and the Federal Trade Commission. In (2003).
Laws have changed since then.
The Govenor said it was not a Federal Issue.
My state rep and senators, said, They are fighting and have introduced bills.
Please help me. What am I doing wrong?
Who can stop me from being evicted.
I , am aware through my research , that I have a better leg to fight if I am still in The house, than if I am evicted or have non possession. I also contacted HOPE NOW. They said, they could not help me.
I have been fighting Eight years. Spent countless dollars filing motions and getting the transcripts, getting sicker by the day.
I am handicapped and disabled from COPD -ASTHMA, and TYPE II DIABETES.
Awaiting your response
7932 Park Ave
Kansas City, Mo. 64132-2319