Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Can Someone Provide Information, Please?

There's little doubt we were set up for foreclosure from the very beginning.

   Though we fought them off for over six years, our mortgage servicer finally got us into a position that enable them to foreclose. Of course THEY, (the servicer) bought our $200,000.00 lakefront home at the foreclosure auction for about 25% of that figure. (Which we believe was the plan from the beginning, as it's been known for a while that property values in this area are about to skyrocket)

   However, even though they now own our home, we haven't given up YET! We were served notice to vacate by the end of July but we're STILL here! And WILL be, at least until the middle of next month. I won't go into details yet on how we've been able to remain in our home, but will at a later date.

   I just thought you folks would like to know someone is fighting the crooks not just to the end, but on PAST the end. Yes, they'll eventually take posession of our home, but I'll be damned if I'm going to allow it to be as easy as they thought it would be!

   But to keep up the fight I need some information. I'm hoping some of you on this forum can answer the following questions for me.

 It's my understanding they can get a summary judgement for the difference between the balance owed on the loan and what the house sells for. My question is:

    #1: Does that mean the difference between the loan balance ($100K)     and what the house sold for at the FORECLOSURE AUCTION? ($ 50,000.)
- OR - What the house sells for once they put it on the market?
If it's the latter of the two..

    Q. #2: Will they be required to give US the difference between the loan balance and the SELLING PRICE?
If so...

    Q. #3: Can they deduct "repairs" they had done in order to get the house ready to sell from the amount we are owed?
And, if that is the case...

    Q. #4: What recourse would we have if there is proof some or all of those repairs are bogus?

    Last question: If there was information and proof that someone very high up in the "Fannie Mae" program was involved in a "predatory lending" mortgage SCAM, would there be any way it could be used to benefit homeowners? (OTHER than blackmail or extortion, of course!) <chuckle>

Any help on any of these questions would be greatly appreciated.
I will post information next month that should be valuable to others seeking help on this forum.

Thanks,

my friends call me "Hawk"

PS By the way, it's absolutely amazing how FEARLESS one gets when he has NOTHING left to LOOSE!! <Laughing like a madman>

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~Beenawhile~
Fearless HAWK wrote:
Can Someone Provide Information, Please?

 It's my understanding they can get a summary judgement for the difference between the balance owed on the loan and what the house sells for. My question is:

    #1: Does that mean the difference between the loan balance ($100K)     and what the house sold for at the FORECLOSURE AUCTION? ($ 50,000.) YES

- OR - What the house sells for once they put it on the market? NO
If it's the latter of the two.

So sorry to say Fearless Hawk, yes you are correct.  It means that they are claiming that you STILL OWE them the balance of $50,000.00
 
A JUDGMENT DEFICIENCY- is defined as Not having ENOUGH funds to pay a Debt. and thus meaning, THE JUDGMENT DEFICIENCY CAN AND IS LEGALLY ATTACHED TO ANYTHING THAT YOU HAVE OF LEGAL VALUE.
This means REAL PROPERTY (REAL ESTATE, your house and land) and ALL PERSONAL BELONGINGS. They have the right to come into your home and take for themselves WHAT EVER they feel like taking, in an attempt to SELL it to make up for the "DEFIENCEY". That is their way of trying to recuperate costs......
 
Even though their FORECLOSURE WAS FRAUDULENT??? YOU BET YOUR SWEET BUNS!  They will MAKE, and will TAKE as much away from you as possible.
 
I have a suggestion here, and you REALLY SHOULD FOLLOW IT ASAP.
 
1. GET ALL OF YOUR IRREPLACEABLE THINGS OUT OF THIS HOUSE NOW, AND AT A FRIENDS, RELATIVES, OR STORAGE.  (These are things such as Pictures, family heirlooms, keepsakes, collections........ Anything that you have that irreplaceable........MUST BE REMOVED FROM YOUR HOME NOW!
 
(If I were you, I would remove everything except the bare minimum to still keep the house running.) Instead of a couch use lawn chairs....... LOL I can only imagine their discontent, when they came to your home, and found nothing of real value. It would absolutely drive them insane. LOL LOL.
 
**********GET ALL, EVERY SINGLE PIECE OF PAPER OUT OF YOUR HOME THAT HAS TO DO WITH THIS MORTGAGE SERVICING FRAUD******* leave no papers behind for them to destroy, read, or use to cover their azzez, and win the fight against you!

    Q. #2: Will they be required to give US the difference between the loan balance and the SELLING PRICE? NO, they are supposed to ........ BUT THEY DO NOT! It is against the LAW for them to keep "PROCEEDS" from the sale of a FORECLOSED home, they know this, and DON'T CARE....... Because they are ALLOWED TO GET AWAY WITH IT!
If your home sells for $250,000. They will keep all of the funds, and still claim that you owe them the deficiency of the $50K as stated above in #!
If so...

    Q. #3: Can they deduct "repairs" they had done in order to get the house ready to sell from the amount we are owed?  WELL, if you think that they are going to "CLAIM" that they had to pay for repairs, then you need to get CONTRACTORS in your home immediately for estimates.
Many Contractors will give you an ESTIMATE "FREE OF CHARGE" for what they think it might cost to repair the property.
 
For Plumbing issues you will need to call a Plumber for their FREE ESTIMATE
For ELECTRICAL, you will need to call an ELECTRICAL Company for their FREE ESTIMATE.
For a leaky roof, You'll need a Roofing company...... and so on.
 
 
HERE IS JUST ANOTHER IDEA................... Let's say NOTHING in your house needs to be fixed........ TO COVER YOUR BUTT, (if you think they are going to lie, and claim repairs are needed) CALL EACH OF THE SERVICE COMPANIES MENTIONED ABOVE..... Ask them if they can come to your home to Verify that there is no plumbing problem, no electrical problem, No sagging roof. AND so forth.
 
An estimate of "NO REPAIRS NEEDED" is just another way to COVER your back.
 
BUT..............
IF you PURPOSELY DESTROYED the home before the foreclosure, YES they can!!! Normal wear and tear? Not likely. What was the condition of the home when they FORECLOSED?
And, if that is the case...

    Q. #4: What recourse would we have if there is proof some or all of those repairs are bogus? (SEE ABOVE, about the "NO REPAIRS NEEDED" estimates)
The BEST THING for you to do right now is get ahold of a CAM CORDER, (video camera recorder) and walk with it through the ENTIRE house, showing, EVERY WALL, every floor, every ceiling, every fixture, like overhead lighting, wall outlets, and light switches, EVERY COUNTER, SINK, TOILET, SHOWER, APPLIANCE (INSIDE the fridge,stove, cabinets, and the OUTSIDE of these items of course.)  Do you have an attic? You will want to get that on the film too. Get the hot water heater, the well, ANYTHING AND EVERYTHING that is a part of the home...... Even an old shed out back, EVEN the Working Air conditioner unit. Then when you are all done with that......
Start off at the street and take video of your entire property from left to right, and down the sides of the house, and then the entire back yard. 

LASTLY, YOU WILL NOW WANT AND NEED TO HAVE AN APPRAISER COME INTO YOUR HOME, AND GIVE YOU AN APPRAISAL ON THE PROPERTY. This will cost a few hundred Dollars, but may save you, or help you recoup Thousands, and thousands, in the future........ when you win your case against these S.O.B.'S
 
In ESSENCE............ COUGH UP THE MONEY AND GET THE APPRAISAL DONE ASAP!!!!!!!!
 
Once they have removed you from your home it is too late for you to get that done.
You may be thinking well, I've got paper work right here from the Mortgage company where they did the appraisal, so I don't need to get another one done.

 
Well that's not true..... The Mortgage Companies are well known for hiring specific appraisers that will either devalue a property, or elevate the value, to suit the needs of the Mortgage Company. You CANNOT count on the Mortgage Companies appraisal to be correct.
 
    Last question: If there was information and proof that someone very high up in the "Fannie Mae" program was involved in a "predatory lending" mortgage SCAM, would there be any way it could be used to benefit homeowners? (OTHER than blackmail or extortion, of course!) <chuckle> ABSOLUTELY, if you can provide the "links" (to such fraud) in Black and white, to a Judge, then there's another step for you to take!

Any help on any of these questions would be greatly appreciated.
I will post information next month that should be valuable to others seeking help on this forum.
Thanks, my friends call me "Hawk"

PS By the way, it's absolutely amazing how FEARLESS one gets when he has NOTHING left to LOOSE!! <Laughing like a madman>

The best of luck to you, Hope this info helps some, and DON'T FORGET TO KEEP US POSTED!

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Thank, Beenawhile!

  Your post was very enlightening and greatly appreciated.

We've spent the last six years trying to get around their arbitration clause
and get them into court but I don't think their "Foreclosure" attorney knows this.
She filed a petition to have the sheriff remove us from our home, but after reading our response the judge denied it and set a date next month for a hearing!
At LAST, we can finally SHOW all the proof of how we were set up for foreclosure before we ever signed the contract.
   I just hope the judge hearing our case is as fair and honest as everyone in
our small southern hometown says he is. 

   I will post the details of the outcome as soon as the dust settles next month.


Thanks again,

"Hawk"
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Joe B
Hawk-
 
     I will try to add value to the dialog with some additional information and thoughts. You have been given very good advice, but I just wanted to add a few things to see if it helps. If it doesn't help you I am sorry!! However, I am really just trying to add to the other VERY GOOD advice with some thoughts of my own to help...

Originally Posted by Fearless HAWK
Can Someone Provide Information, Please?

 It's my understanding they can get a summary judgment for the difference between the balance owed on the loan and what the house sells for. My question is:

    #1: Does that mean the difference between the loan balance ($100K)     and what the house sold for at the FORECLOSURE AUCTION? ($ 50,000.) YES

- OR - What the house sells for once they put it on the market? NO
If it's the latter of the two.

So sorry to say Fearless Hawk, yes you are correct.  It means that they are claiming that you STILL OWE them the balance of $50,000.00
 
A JUDGMENT DEFICIENCY- is defined as Not having ENOUGH funds to pay a Debt. and thus meaning, THE JUDGMENT DEFICIENCY CAN AND IS LEGALLY ATTACHED TO ANYTHING THAT YOU HAVE OF LEGAL VALUE.
This means REAL PROPERTY (REAL ESTATE, your house and land) and ALL PERSONAL BELONGINGS. They have the right to come into your home and take for themselves WHAT EVER they feel like taking, in an attempt to SELL it to make up for the "DEFICIENCY". That is their way of trying to recuperate costs......
 
Even though their FORECLOSURE WAS FRAUDULENT??? YOU BET YOUR SWEET BUNS!  They will MAKE, and will TAKE as much away from you as possible.
 
I have a suggestion here, and you REALLY SHOULD FOLLOW IT ASAP.
 
1. GET ALL OF YOUR IRREPLACEABLE THINGS OUT OF THIS HOUSE NOW, AND AT A FRIENDS, RELATIVES, OR STORAGE.  (These are things such as Pictures, family heirlooms, keepsakes, collections........ Anything that you have that irreplaceable........MUST BE REMOVED FROM YOUR HOME NOW!
 
(If I were you, I would remove everything except the bare minimum to still keep the house running.) Instead of a couch use lawn chairs....... LOL I can only imagine their discontent, when they came to your home, and found nothing of real value. It would absolutely drive them insane. LOL LOL.
 
**********GET ALL, EVERY SINGLE PIECE OF PAPER OUT OF YOUR HOME THAT HAS TO DO WITH THIS MORTGAGE SERVICING FRAUD******* leave no papers behind for them to destroy, read, or use to cover their azzez, and win the fight against you!
I second everything said above. You really need to be smart here. Because they have sold your home for less than you owe, they absolutely will come after you for the difference. You may also want to think about your vehicles, and think about some alternatives to your ownership. Do you have anything else that has significant value that they might try to seize? If so, take a look at how to handle these things. But be careful and smart!! Have you told them where you work, or is it in their files. You may want to be careful they do not get permission to garnish your wages.
    Q. #2: Will they be required to give US the difference between the loan balance and the SELLING PRICE? NO, they are supposed to ........ BUT THEY DO NOT! It is against the LAW for them to keep "PROCEEDS" from the sale of a FORECLOSED home, they know this, and DON'T CARE....... Because they are ALLOWED TO GET AWAY WITH IT!
If your home sells for $250,000. They will keep all of the funds, and still claim that you owe them the deficiency of the $50K as stated above in #!
Here's what they will do. They will almost certainly sell the house for more than they got in f/c sale. However, they are going to tack on a ridiculous amount of fees. All of these fees will actually be tens of thousands more than what they sell the property for. THEN, they will go after the investors to cover this money that they "lost" in the sale of your home. It's actually in their agreement that they can and WILL do this!! So, imagine that they bought your home for $200K, and you still owed $250K. They come after you for the $50K. Now, they list the home (probably with a kick-back from the listing agent, or they have an interest in the agency) and sell it for $325K. However, in consummating this sale, they have generated all kinds of fees in order to make the home ready for sale. These fees total $95K. So, they tell the investors this story: $250K (loan amount), sold for $325, but incurred $95 K in fees and other costs associated with disposing of the property. So, they need to recover $20K from the investors.  Then, they get the $50K from you. Then they get the kick-back from the real estate agency, the appraiser, the lawyers, title company, and anybody else associated with this property. So, the top line of their balance sheet gets your $50, the investors $20, let's say $15 in kickbacks (not quite 20% of the $95K), plus any amount they might get from any of the myriad insurance policies they have in place. So, they actually make more than $100K on a property worth $325. You get hosed, the investors get hosed, the insurance companies get hosed, but the servicer is making ridiculous amounts of money. Hawk, even of I am wrong by 75%, they are making sick money for manufacturing a foreclosure!!! They are most certainly "losing money" by foreclosing on your property. This is a myth of epic proportions!!
If so...

    Q. #3: Can they deduct "repairs" they had done in order to get the house ready to sell from the amount we are owed?  WELL, if you think that they are going to "CLAIM" that they had to pay for repairs, then you need to get CONTRACTORS in your home immediately for estimates.
Many Contractors will give you an ESTIMATE "FREE OF CHARGE" for what they think it might cost to repair the property.
 
For Plumbing issues you will need to call a Plumber for their FREE ESTIMATE
For ELECTRICAL, you will need to call an ELECTRICAL Company for their FREE ESTIMATE.
For a leaky roof, You'll need a Roofing company...... and so on.
 
 
HERE IS JUST ANOTHER IDEA................... Let's say NOTHING in your house needs to be fixed........ TO COVER YOUR BUTT, (if you think they are going to lie, and claim repairs are needed) CALL EACH OF THE SERVICE COMPANIES MENTIONED ABOVE..... Ask them if they can come to your home to Verify that there is no plumbing problem, no electrical problem, No sagging roof. AND so forth.
 
An estimate of "NO REPAIRS NEEDED" is just another way to COVER your back.
 
BUT..............
IF you PURPOSELY DESTROYED the home before the foreclosure, YES they can!!! Normal wear and tear? Not likely. What was the condition of the home when they FORECLOSED?
You absolutely can and should do what is mentioned here; especially if you hope to have this situation turn in your favor. However, if you think there is no way you are going to get your home back, you might consider leaving them absolutely nothing of value. Sometimes houses just really have all kinds of problems that no one knew about. Use your imagination...
And, if that is the case...

    Q. #4: What recourse would we have if there is proof some or all of those repairs are bogus? (SEE ABOVE, about the "NO REPAIRS NEEDED" estimates)
The BEST THING for you to do right now is get ahold of a CAM CORDER, (video camera recorder) and walk with it through the ENTIRE house, showing, EVERY WALL, every floor, every ceiling, every fixture, like overhead lighting, wall outlets, and light switches, EVERY COUNTER, SINK, TOILET, SHOWER, APPLIANCE (INSIDE the fridge,stove, cabinets, and the OUTSIDE of these items of course.)  Do you have an attic? You will want to get that on the film too. Get the hot water heater, the well, ANYTHING AND EVERYTHING that is a part of the home...... Even an old shed out back, EVEN the Working Air conditioner unit. Then when you are all done with that......
Start off at the street and take video of your entire property from left to right, and down the sides of the house, and then the entire back yard. 

LASTLY, YOU WILL NOW WANT AND NEED TO HAVE AN APPRAISER COME INTO YOUR HOME, AND GIVE YOU AN APPRAISAL ON THE PROPERTY. This will cost a few hundred Dollars, but may save you, or help you recoup Thousands, and thousands, in the future........ when you win your case against these S.O.B.'S
 
In ESSENCE............ COUGH UP THE MONEY AND GET THE APPRAISAL DONE ASAP!!!!!!!!
 
Once they have removed you from your home it is too late for you to get that done.
You may be thinking well, I've got paper work right here from the Mortgage company where they did the appraisal, so I don't need to get another one done.

 
Well that's not true..... The Mortgage Companies are well known for hiring specific appraisers that will either devalue a property, or elevate the value, to suit the needs of the Mortgage Company. You CANNOT count on the Mortgage Companies appraisal to be correct.
 
    Last question: If there was information and proof that someone very high up in the "Fannie Mae" program was involved in a "predatory lending" mortgage SCAM, would there be any way it could be used to benefit homeowners? (OTHER than blackmail or extortion, of course!) <chuckle> ABSOLUTELY, if you can provide the "links" (to such fraud) in Black and white, to a Judge, then there's another step for you to take!
If you want to keep your home, you need to divulge this; if you can prove it. Here's my way of thinking: If you can explain the "proof" of a link in FNMA to somebody who has no idea what you are talking about, and they understand your explanation, then go for it. If it is a huge stretch that requires a suspension of disbelief to understand, use it at your own peril
Any help on any of these questions would be greatly appreciated.
I will post information next month that should be valuable to others seeking help on this forum.
Thanks, my friends call me "Hawk"

PS By the way, it's absolutely amazing how FEARLESS one gets when he has NOTHING left to LOOSE!! <Laughing like a madman>

Hawk, I think you are in a place where you need to come out swinging. I am not sure there is much downside. I think you can fight hard and strong and make them prove they didn't commit fraud. Show the judge the information you have gathered. Ask the judge who has the most to gain by foreclosing-- you or the mortgage servicer. Ask the judge who has the most to gain by lying about the paper trail. Ask the judge why they refuse to reinstate your note, especially if they have already "lost" $50K in the property. Why wouldn't they let you back into it, unless they expect to make more by foreclosing...

Hit hard, hit fast, hit often!!! Good luck Hawk!
Let us know if we can help (I hope I have).
 
JB
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~Beenawhile
Really good stuff there Joe,

if things went the wrong way and hawk lost the home permanently, there would eventually be another buyer of the home.

Sadly enough another family living there. Don't make them victims too, by creating hazards, within the home, or destroying the home, (either visibly or invisibly) Doing such things as messing with electrical, could cause a fire, and kill innocent children.
I will never condone the destruction of property due to a FORECLOSURE.

Have I thought about it? Yes I have. There have been times, when I had "wished" that this house would just burn to the ground. Those were only momentary thoughts of course, and truth being I'm glad nothing of the such has ever happened to my home, even though this fraud kills me at times.


Joe was right about other possessions, such as vehicles.
Do you own a boat? Get it off of the property, asap.

How many cars do you have? YOU SHOULD NOW BE PARKING ALL OF THEM ON THE STREET, AT ALL TIMES.

IF THEY COME TO SEIZE YOUR HOME AND PROPERTY, with the cars in the drive way, they can take those too if they choose to do so. Is that legal?
IF they were to get a defiency Judgment yes it is.

Have they taken cars without a (Defenciency Judgment) just because they were in the driveway, and the drive way is attached to the "REAL PROPERTY" I don't know, but I would say they PROBABLY HAVE.

Then what? you're screwed, no way to get anywhere.
Always best to be safe, and cautious.



I am so very glad to hear that the judge has stopped the eviction for now.
However, things can change for the worse in the blink of an eye...... even before you are aware they have changed for the worst, so take heed of my original post here, and get those things done now, and YES, including the removal of your worldy possessions.

Yeah, I know what a pain in the rear to move them out ( get a great judgement from the judge... of keeping the home) and then having to move everything back in.  pffffffffttttt.

Hard work ~vs~ losing everything you worked hard for.

Good luck...... hawk
and good thoughts joe.

now im off to find your previous post.



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~Beenawhile
HERE Hawk,

Print this out and use it when you go to court you can start your testimony off by Providing a copy of it to the Judge, and then reading it aloud for all in the room to hear.

Say to the Judge,
"Your Honor, I'd like to start these proceeding off with a small statement if I may"

The Judge should grant you permission, then hand a copy of this to the security gaurd ( bailiff?) You know the uniformed officer that is always present in a court room.

he will hand your paper to the judge, and then begin reading it.

Nothing needs to be added to the below document, as Joe did a great job in explaining everything that needs to be said.


Would I go to court without this document? NO
Will I be using this document when I go to court? You betcha'!

Thanks So Much Joe

Copy the Letter, go to microsoft works, paste it and remove the Red type and Green highlights. Put in the amount of years you've lived in your home, and bingo bango, You've got a Great way of beginning your court hearing.


Here it is:
 Who has the most to gain by lying? I can put my payments out on the table and show when they were presented and paid.

They want to put their spreadsheet on the table to show when they actually "received" the payment.

If these two things disagree, who stands to gain the most?

If I am lying about the date on the payments, the most I get is some late fees returned, and I keep paying my mortgage. So, if I am lying about the dates they were paid, I save a couple hundred dollars in late fees at best, but spend thousands on an attorney to do it.

On the other hand, if they lie about the dates they received the payments, they get late fees, f/c fees, legal fees, inspection fees, BPO fees, interest charges on those fees, the right to sell my house, list my house (tacking on layers of fees along the way), charge the investors for any dreamed up "shortage," and anything else they can dream up, PLUS all the equity I have built up over the last (HAWK HOW MANY YEARS HAVE YOU LIVED IN YOUR HOME? CHANGE THIS to the appropriate amount of years.) 10 years!

So, exactly to whom do the scales tilt by lying in this transaction? Why would I spend thousands on an attorney to save hundreds in late fees? On the other hand, why would they begin foreclosure to collect all the fees they have at their disposal? There is simply no contest!!

--------- end of document


Again, the above letter was posted by Joe.

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~Beenawhile
Hi Hawk,

You mentioned this in a post above, I was just wondering something.

There's been an awful lot of fraud going on in a small Southern town im familiar with.

What state are you in?
If you'd rather not say then I understand.

But I've heard the same thing about the Judge in the small town (I'm talking about too.)

Fair honest and for the victim.

Hope we're going to have the same Judge then.

anyway....... again,
Good luck


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Joe B, thank you so much for your input and concern. I am always appreciative when someone shares their most prized possession with me....
their TIME. We each have only so much of it and there is absolutely no way to ever get any more of it. So to not only Joe and Been but to ALL the folks here who share their time trying to help others, for what it's worth, your names are filed in my mind under "People of Quality"  

Beenawhile, I'm not worried about "spies" on this forum. Like I said, it's amazing how COMPLETELY FEARLESS, one becomes once he realizes he has absolutely NOTHING left to LOOSE. So I don't mind telling you what state I live in as long as you promise not to stereotype me as a slow, dumb, hillbilly redneck. And before anyone asks, NOoooooo.... there is no "Greenbow County" or "Bubba Gump Shrimp" here in ALABAMA The Beautiful.
  
Quote:
You may also want to think about your vehicles, and think about some alternatives to your ownership.


Already got that covered, we don't "own" a vehicle, we're "borrowing" one
from our son. We're also currently trying to buy him a piece of property. Since we have nowhere to go when they remove us from our home, I'm sure he will let us live on it. Once we get our lives straightened out from all this B.S. I may even build another a house...uh... er...for HIM. <sly smile>

Quote:
Do you have anything else that has significant value that they might try to seize?


No, they've already "taken" everything of any real value we acquired in 37 years of marriage, in order to make mortgage payments for the last six years that were double what we agreed to and could afford.
Our 24' Tahiti Deck Boat was one of the FIRST things to go, which by the way, took away a LOT of the joy of living on a lake.

Quote:
You may want to be careful they do not get permission to garnish your wages.

Both my wife and I are now disabled and drawing Social Security. It's my understanding that they can't take our Social Security as long as that is the ONLY money that goes into that bank account. However, in asking two different bank managers about that, one said "Yes they CAN." and one said "That's right, no they CAN'T." We both now bank with the latter.

   I've given a lot of thought to giving them a house that's WORTH the amount they bid, by completely stripping it and using all the materials in the next house we build. I'm not talking about just toilets, sinks, kitchen cabinets etc. I'm talking about taking EVERYTHING, from doors and windows to all the wiring, breaker boxes, plumbing, all the wood in the wrap around deck, even the insulation in the attic! 

   However, when I consider I spent two years of my life searching for this piece of property, overlooking a country mountain waterfall that feeds a two mile long private lake. Another year carefully designing the house, including all the things both of us wanted in a dream home. Also taking into consideration things like putting our bedroom and bathroom on the east side of the house to catch the morning sun and warm up quickly. Even things like the path the sun follows in the summer and in the winter and then designed the roof to get full sun in the winter but shaded in the summer. I even made sure it would still be practical for us in our old age when our abilities become limited.
   Then I invested another two years of my life into building this, our dream home, with my own two hands, putting plenty of sweat, a lot more BLOOD than I had anticipated, and yes even a few tears into it. 
So deep down, I know... I could no more destroy this house than I could one of my own children. 
   However, I will in all likely hood, take a few of the many "out of the ordinary" things I incorporated into the house to accommodate my wife's disability.

   Well, I've managed to get myself really sad and depressed now. I better go before I wind up on my "Pity Pot".  

All I can say is: "I hope those cold-blooded, evil-hearted, soul-less S.O.B.'s rot in Hell ! and you can tell 'em the Hawk SAID IT!

 




  
Quote 0 0
~Beenawhile
Since I usually read from the bottom up when I come to the board.

Your post was one of the first I read this morning.
It made me cry, (not your fault) I am truly sorry for the hell that you have lived by these people.

I apologize if I asked questions that brought tears to your eyes.

I think we have all cried many times, whether silent tears rolling down our cheeks, or the unwanted sobbing so powerful we are unable to hold our vocal cords back with the whole experience.
I think we have all also cried out of anger, and rage when we become so consumed with it all.

I know for myself, every tear I have cried over this has made me stronger, and more powerful within my very being, and has set me in a motion where I will not give in and cower to the behaviors and actions of those deserving of RICO charges.

Yes I agree with you! May they all rot in hell.

Also sorry to hear that we won't be sharing in the same "FAIR, LAW WORTHY JUDGE" but many Blessings to you anyway.

Thank you for sharing your story, I know it must have been difficult.
God Bless You.

sad tired and tattered (oops did i steal someones tag line? sorry!)
Beenawhile

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There is only one thing worse than having some crook steal your home.

An insurance company that refuses to provide treatment for health issues.

So, I always believe the borrowers on this topic.

We are assuming your paid everything timely and struggled to get the servicer or noteholder to correct their records to no avail.

For the upcoming hearing, be prepared to present the facts as best you can.  I'm assuming you don't have a lawyer.

Do you know what issue the judge wants to get clarified? 

It may not be your testimony from beginning to end.

I know you are backed into a corner at this stage of the game.

It is not necessarily over when they take your house.

There is another way to look at it.

If you feel they had no just cause to foreclose and have added to fees
to your balance in order to strip you of your equity and the myriad of
other things they add on.

If they manage to get you evicted, it is good you have a plan B.

You could look at the situation this way.  They have been trying to commit
fraud by charging you fees that you don't owe.

The fraud is now complete when they take your house.

You can't be forced to arbitration when fraud is alleged after the fact.

We have seen a lot of lawsuits where the borrower is the defendant and it just seems there is no recourse available to the borrower in a foreclosure action.  They don't even have to prove that you actually deserve to be
in foreclosure.  They don't even have to prove they own the note and many judges will not even listen to the borrowers evidence or read it for that matter.  It is just like it doesn't exist.

What you can consider is a lawsuit after the fact.  Borrowers seem to do
better in court when they are the plaintiff.

Mike, who posts here was able to find a lawyer to represent him.

His lawyer went for a Temporary Restraining Order that precluded his
servicer (Fairbanks) from going forward withthe Foreclosure procedure. 

He then got a permanet Restraining Order against them and they cannot bring foreclosure case against him before they go to the judge and PROVE
he deserves to be foreclosed upon.

Ask a lawyer about securing a Tempoary Restraining Order to keep them
from reselling your house while the litigation goes forward.

Do you have all the documents you need to prove you do not deserve
to be evicted and or foreclosed upon?

You should make yourself a litigation folder.  Well, actually a few copies of it as well.

The idea is to organize it so that it is simple to read and follow.

1.  Mortgage contract
2.  Cancelled checks (both sides) in date order.
3.  All other correspondence in date order (from them and to them)
4.  Do you know to the penny how much money they have taken from
     you that they had no right to charge you?
5.   Most people don't know that fact and it can only hurt you not to spend   the time to do it.

Type into the internet browser "mortgage calculator"  There are a lot of them so pick on that suits your needs.

Insert the info they ask for from the contract and and up pops the proof
of what the balance of your loan should be.  You'll show all payments made to date to compare to what the servicer argues you've made.  It also gives
the balance of the (principal) owed and paid.

Leave enough room for comments on irregular or disputed fees or unnecessary.

In essence, don't make an allegation that you can't prove.  You'll lose your credibility as a witness if you do that.

I think you should read the Fairbanks case.  United States of America v
Fairbanks Capital.  Just put it in your web browser.

Read the complaint.  This will give you a clear explanation so that you can
recognize the issues.  It is nearly impossible for people that regularly engage
in litigation to be able to recognize all the issues.  Even an attorney you might hire has to be able to recognize the issues and our experience has
been not to have high expectations.  So, do it for them.

Read the settlement documents and look for Best Practices and the addendum.  This is what Fairbanks has agreed to change in their business
tactics.  The FTC and HUD have issued many statements that they expect
all servicers to voluntarily abide by Best Practices.  Also find the addendum
to Best Practices.  This was issued a few years later.  You won't believe it
but Fairbanks was not in compliance...lol and needed more specific language.

it comes down to "Stop fleecing the borrowers".  That is just way to complicated for them.  All the servicers that participate in the scam,
pretty much run the same scam.

You'll have to figure out what you want to do and how to go about it.
We can only make suggestions.

I had my own way of dealing with Fairbanks and was able to escape.
I wouldn't refinance becaue I wasn't going to pay even more money.
I successfully paid off my loan without paying a thin dime more than
I owed.

I wouldn't have been able to do it without all the info and suggestions
from people that participate on this board alongwith a certain amount of luck and timing.  Still the burden was on me to pick and choose what to do.
What works for one may not work for another.

Anyway, good luck and let us know how you are doing with it or any
questions you might have.

Dee 



You seem to be someone that could get busy and do a bunch of the work
that needs to be done.


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Fearless Hawk

Dee - Thank you very much for all your help and suggestions. I will read the Fairbanks case as well as do a ton of other research, however the scam that was used on us and therefore our case is a little different from most who come here seeking help.

  The originator of our loan PRE-sold it to the servicer. The servicer then coached them to set us up for foreclosure before the loan was ever made.

It all began with a well known scam within the Finance Industry. They refer to it as: "Put 'em in a hole, so they CAN'T say no to the loan." Which is EXACTLY what they did.
 
   We originally asked to borrow $80,000.00. Fifty thousand of it was to pay off credit cards used to start construction on our home and another $30,000.00 needed to COMPLETE the construction of our home. 

   They began "Putting us in the hole" by INSISTING that we NOT to make payments on the credit cards because it would change the balances and therefore the amount of the checks they would have cut. Then they delayed closing for over four months, while the late fees, over the limit fees, and interest rates soared higher and higher. By the time they added all the bogus CLOSING/"PREDATORY" Fees into what we THEN owed, we ended up having to borrow, NOT eighty thousand, but ONE HUNDRED THIRTY FIVE THOUSAND dollars.
Do you think it's just a coincidence that $135,000.00 was EXACTLY 80% of the appraisal and the MAXIMUM that we could borrow?!!

    They also did several things that didn't really benefit THEM, but caused US great financially distress. ONE example would be: 

  After the "Closer" was already en route to our house to FINALLY close the loan (which would STOP the financial hole they put us in from getting increasingly deeper and deeper) they phoned us to advise us of all the changes that had been made to the contract. Among them was the $30,000.00 they were loaning us to complete construction on our home, would NOT be GIVEN to us. Instead, it would be put into escrow and released to us when we COMPLETED CONSTRUCTION!
   When I asked HOW could we complete construction without the money needed to do that, they said "It's also a "Condition of Loan Approval" that you continue to use your credit cards to complete construction." !!  

Combine THAT with mortgage payments that were DOUBLE what we and THEY knew we could afford and if THAT'S not being "set up" to fail I can't imagine what WOULD BE.   

   In the first two years of the contract we talked to six different lawyers.  None of them could figure out how to get around the arbitration agreement and get them into COURT. I even contacted the State Attorney General but after two years the time to bring action against them had ran out.
 
    So, after six years we finally ran out of personal items to sell in order to keep making the payments and they were able to foreclose. But since we refuse to leave, now THEY'RE taking US to court! (Thank you God!)
As I said previously, their FORECLOSURE attorney doesn't know, "In front of a JUDGE" is exactly where we WANT to be! 

    So now I'm off to make another post to gather data for the hearing. Anything that will make the judge aware of how wide spread all these foreclosure scams are and all the financial institutions, lawyers, politicians and even JUDGES that have been involved in them. Any help with names and cases would be greatly appreciated.
 
   There is really not much chance of saving MY home, but if I'm allowed to play my "Ace in the hole" evidence, maybe, just MAYBE, I can strike a blow for ALL THE OTHERS that will follow.


Again, thank you all very much for the helpful suggestions and advice you've given me so far. Please know I'm heeding and using ALL of it and welcome any MORE you can provide.
 
~ Hawk ~
 
"The Hawk" Sez: Protect your Constitutional Rights...
 
BOYCOTT EVERY BUSINESS THAT HAS AN ARBITRATION AGREEMENT!

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These cases should help in your research.

Check out the TLPJ website:
TLPJ
TLPJ key cases
TLPJ briefs and docs

They have a Mandatory Arbitration Project with case references, follow the links to the cases.

Also check out this link which has cases for defense of  mortgage foreclosures:
http://www.edcombs.com/CM/News/News178.asp

It is written for attorneys but will help you and your attorney if you can find one.

Also this link from the same firm re Predatory Mortgages:
http://www.edcombs.com/CM/Actions/Predatory-Mortgages.asp

 


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Moose

Fearless - I would suggest you study local court rules about admitting evidence before you spend an inordinate amount of time collecting information about "the industry."

This isn't legal advice, but when you go to court, the only relevant, and thus admissable evidence will be that pertaining to your specific case and their specific actions. 

When you try to "educate" a sitting judge with anything other than the specific facts pertaining to their allegedly illegal acts that damaged you, you're going to find it a very frustrating experience.

The best way I've seen it described by a Judge is: "News isn't evidence, Mr. xxxxxxxxxx. Mr. yyyyyyyy's objection is sustained."

And you're going to have to find specific statutes that they violated, in other words, "a well known financial scam" isn't meaningful, and the judge won't (and can't) educate or guide you along into what law was broken.

And again, this not being legal advice, consider that you may have no recourse at this late a date, and the only issue this judge can consider is whether or not the party who now "owns" the house post-foreclosure can evict you.  Too often, prior acts of other parties may not be an issue unless you can join them into the case with a counter suit.  I have a terrible feeling that in order to be living where you are any longer, you'd have to bring your own suit to nullify the foreclosure and get a temporary restraining order to halt the eviction until your case is heard.

I wish these kinds of stories weren't so common.  It is just too easy to take advantage of people and get away with it.

Moose



 
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