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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I'm sure many of the rest of you have (or do currently) felt totally overwhelmed by the sheer magnatude of dishonesty, greed, and corruption that has taken this country by the neck.  I look around me right now and all I can see are people taking advantage of each other.

This is smothering my Christmas spirit, which hangs on within me, gasping for precious air.  I don't want to believe the worst about my fellow man, but it's hard to see the good in people that are stopping at nothing to destroy your sense of well being, financial health, and the comfort of home.

My husband and I have decided to call "UNCLE!" - we're converting our Chapter 13 to 7, hoping to find a new place to live, whether we rent or buy is not important at this moment, we can have a "fresh start" and by giving up on this house will be free to start our credit repair process - which we can't do while in 13 - and hopefully in the years to come, after this mess passes we'll be ready to be homeowner's once again.

I'm ok with this.  But it still hurts like hell.  I'm used to falling asleep in my bed in my room, seeing my view out of my windows, curling up on the couch in my living room....but I have to come to terms with these were never intended to be my things.  The whole damn crooked system was just letting me believe it for a time, and now that time is coming to an end.

I love my house most during the holidays.  It's an old house, with beautiful dark wood work and the Christmas lights shine against it, making everything feel so cozy and warm.  It's been hard having the tree up and knowing we can't stay much longer.

I'm seriously wondering how long it will be before therapists and psychologists will be seeing a new crop of patients, "displaced homeowner syndrome" or "mortgage scandal trauma" needing treatment for the psychological impact this is having on us.

I am thisclose to a rape survivor in my family and this feels more similar to rape than anything ever should!

Hanging on and hoping tomorrow feels better....


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~beenawhile
I've read your note, it broguth tears to my eyes.
I've been here, I've been there.

We've were also in chapter 13, and I couldn't understand why they were always tacking on fees; or applying our payments to other areas.

I couldnt understand any of it because I thought. They're a business, they can't be doing this to everyone, how can they survive if they do this.
DUH! I was innocent, and naieve, I was spoken degraded, and reduced verybally, and emothionally by the Customer Service representatives, over the phone. I was always made to feel like I was dumb and stupid, and most certainly "Pathetic" for asking them questions.

I dealt with this for years, and years.
I have conversations I've had with representatives permanently etched in my mind forever!

I knew something wasnt right, but didnt know what it was. Or even why it wasnt right.

I just knew.......... I didn't want this home anymore. I didn't want the stress, and didn't want the headaches, the tears, the arguments, I didn't want any of it anymore. I still don't want any of it anymore.

Something in my gut kept saying to me.........NO! Don't give up! DON"T GIVE UP! & it surely wasn't my husband, because he was no support at the time.
He was furious with me, and our relationship was severly strained because of the stress involved with this fraud. Ya see, several times they had "claimed we were in default" and demanded that we send them 3 months worth of Mortgage payments. Those demands were made over the phone when i would call a payment in to them. I had been reduced from being able to mail the payments in and "thinking" that they were being posted, to CALLING them in because I felt better about knowing I just gave them a payment.

My husband who had nothing to do with the bill paying of the house, and wanted no part of paying bills, or even reconciling a bank statement. It was all left on me to perform the bill paying and everything therein.

When they demanded payment from us for 3 months, I had to tell my husband, and arguments would flair. By the grace of GOD we always had the money to pay them that they demanded over the phone. This was many many times we had to pay them 1.5 payments, 2 payments, and 3 payments.

Then letters from their attorney would arrive, demanding, 3 payments.
We'd pay it.

Then we'd get in the mail a few months later, "RELEIF FROM STAY" notices from their Attorneys. We'd have to go to court, and pray we didnt loose our home.

The last time we went to court I was prepared. It had finally hit me, and I gotten all of my payment history together.
I WANTED TO SEE THE TRUSTEE, I WANTED TO LAY MY PAPERS OUT ON THE TABLE. My Attorney, who was quite nervous this day, since I had a laptop suit case full of paperwork, to show and display for everyone to see, had my husband convinced, that if we saw the Trustee, she would demand that the bankruptcy be shifted to a chpt 7, and we would lose everything.

Our Attorney, even had me convinced somewhat. after being there for hours and hours, and listening for bargin, after bargin,from EMC's attorney and being spoken down to by our own attorney.  With him saying things like, have "proof" there are payments missing. they have "proof" you were late with your payments. They're a big company and they have to follow the procedures of applications of payments, so whatever you have in that briefcase is NOT going to help you.

You will lose your home if "WE" are called up there.  After about 5 hours at the court house, we were convinced it was "our" fault. Well more like only about an hour for them to convince my husband. He was ready to pay them what they wanted, and leave. I was ready to see the Trustee, and the Judge. WE WEREN'T ALLOWED.

We paid them their outrageous claim, and came home, me feeling degraded again by the WORLD that was involved with the Mortgage Co, and that part of our lives. I felt degraded by my own husband, because he didnt have faith in me, to know that I could show something was wrong.

I wanted to just quitely drift off into another world where there was peace, and no stress or suffering, and into another world where I didnt feel like an idiot. I wanted another world, where people would listen and beleive in me. 

But I knew none of that could happen. Though, I came home that day, and put all of my papers away, and never looked through them again, something inside of me REFUSED to resign to giving up.

We still went through more demands of tripple payments over the phone, and everything else in between. We'd just pay it........ there was nothing we could do to get around paying their "claims" so our family suffered.

Month, after month......... STILL........ something in my soul echoed, and wouldnt let me, give up.

It finally dawned on me one day to look up EMC on the inter net, and what did I find?

I found this website!!!!!
I now know why I wasn't supposed to give up. Because I was supposed to find this website, and fight them tooth and nail. Which I intend to do.

After a few months on this site, it all became clear. I was wrong, so very wrong, to think that they would go broke by doing this to other people.

As with the many others here, I will fight this fight Not just for myself, but for others as well. I share this info with as many people as possible. & I no longer care of what people think of me when I share this sotry with them, beucase there is a story to tell of the REAL fraud, and homelessness in AMERICA. THIS IS THE STORY OF A LIFETIME. & damnit I don't want to be part of it, but I am,....SO THE STORY, I SHALL TELL, ALONG WITH EVERYONE ON HERE!
Do the people I tell about this website come? I dont know. I hope so, I hope they learn how to save their home, or maybe the home of their friend family or neighbor.

I'm not trying to change your mind with your decision, and im not trying to influence you either. Your choices are your own.

But,
If we all gave up, and resigned ourselves to this fraud. It would perpetually continue.

& I don't know about you, but I don't want my child/children to ever have to live the same lives of this fraud, we are dealing with right now.

I won't resign myself to your grandmother being a victim.
I wont resign myself to your children being a victim.
and I won't resgin myself to homeowners like you losing their dreams!

I'm sorry you're letting your dream go away.
I hope things truly get better for you.

Maybe sometime soon, you WILL be able to buy another home, and know you wont have to worry about this fraud in your life again.

Cause we ALL took care of it for you.

There is an old cliche' and I stand firm on it.
"Quitting never wins, and winners never quit!"

They've ruined your dream............. and I truly am sorry.
God Bless, & take care


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Thank you for your support beenawhile.  But unlike yourself, I don't have the money to keep meeting their demands.  Even if we complete the 13, I know the fees will be waiting for us on the other end.  Not to mention a host of other factors that drove our decision:

1) false wall we found in the basement (do we need a new foundation, too?) 2) total energy inefficiency (heating bills $300-$400/month during the winter, 2006 was finally all paid up LAST MONTH)
3) our adopted daughter has tremendous special needs, meaning we really don't have the energy to deal with a fight without taking attention away from her.
4) other misc. repairs that would make the house hard to sell for us, and even if we did win the fight we are out growing this house
5) we're totally crippled under the 13 to repair/rebuild our credit, which is a "loose the battle but not the war" kind of thing.  We have to save what we can.

This is the right decision for us.  If it weren't for the list above, you can bet your life I'd stand and fight.  But my fight will be taking place from a new location.  I will go public and tell whoever will listen about this deception, I will have my lawyer file suit for the fraud we can prove, I will educate my community - I will do anything and everything I can to continue fighting, just not for this house anymore.

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How many more thousands of people will be telling this same story before
this becomes a national issue that needs correction?

Dee


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~beenawhile
April,

I wrote that with conviction intentionally.

Did I tick you off a little or a lot? Probably. for that I am sorry. It was bold, and brash, I really am sorry. However, the sound of your post was as if you had resigned to being an eternal victim of fraud. All I wanted you to do was think, about the fight and how it would effect you the rest of your life, if you didn't continue screaming about this to the world.

One man may do nothing alone, but with many, they may conquer a mountain.

I am sorry about your home, and I truly do believe in what I wrote, and it was nothing personal to you, or about you. I would say that to anyone. 
Not as a measure of hurting someone but to empower that person to help themselves, and others.


You have your life, and you have to live it, I understand that, and will never blame you (or anyone) for the choices they make in this living hell of fraud. I understand your thoughts completely. I've been there. We all have.

I am glad you responded the way you did, it's wonderful to know you won't be giving up. It's wonderful to know....... you will continue to tell the story.
Because it MUST be told!

about being in chapter 13. From my recent experience with the chapter 13 Trustee, and all of the articles, and posts I've read from others. The Trustees, and Judges seem to be the most honest of anyone, in any positions to do anything for a borrower at all.

All I'm asking is if you have a plan, when you go to court to convert from the chapter 13 to the chapter 7, if you are planning on informing the Trustee, about your battles with the SERVICER?

I'd like to help you with a plan, if I could.
Who is your Servicer?

These are only suggestions, and you don't have to do them if you don't wish too.

The Most important thing I would do first, IS NOT LET MY BANKRUPTCY ATTORNEY KEEP ME FROM HAVING MY SCHEDULED TIME WITH THE TRUSTEE!

I WOULD INSIST, TO SEE THE TRUSTEE, AND I WOULD REFUSE TO LET MY ATTORNEY TAKE MY NAME OFF OF THE LIST TO BE HEARD.

1. I would print out as many complaints about My SERVICER as I possibly could.

2. I would print out NEWS ARTICLES where their name appeared.

3. I would have all of my checks together,

4. I would type up a story for the Trustee to read, about what they have done to you, before you filed for bankruptcy, & WHY you had to file for bankruptcy.

5. In your story, I would also tell what they have done to you while you were IN bankruptcy.

6. At the end of the story, I would then tell of how it has effected your family life, physically, mentally, emotionally, every possible way.

7. I would explain how you can not continue with the stress of this fraud anymore.

8. How they have ruined the American dream for you, and how they are doing it to others.

9. And lastly, I would VERBALLY ask the TRUSTEE if there was anything that he or she could do about the fraud.

I don't know how far a Chapter 13 Trustee and Judge can take your complaints, but I do know it is worth one HELLUVA SHOT!

You could walk out of there possibly free, and clear of any more payments,  or a Permanent court order that says "THEY CAN NEVER FORECLOSE ON YOUR HOME WITHOUT THE SOLID CONCRETE PROOF, and approval from a Federal Judge!

I don't know exactly what other things could happen for you, if any.
But I think you might want to speak with Mike Dillon and ask him, what his thoughts are on this. He's been there.

You have the one last chance "immediately in front of you" I would use it well, while you have this last  opportunity under the chapter 13 plan.


Again April, I will not judge you for your decisions, as I'm sure no-one else on here will either.

Hope you will let us know what the Chapter 13 Trustee, and Judge say when you go for your conversion hearing.

Good Luck with sincere regards
~beenawhile




I wasn't sure at the time if you were "giving" up on the whole idea of fighting, or if you still continued to fight.

I wrote it as a "I hope you don't give up the fight" and a
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~beenawhile
April,
I also need to say none of that is legal advice at all.
Just something to think about.
Hope you will let us know.

Again, Goodluck
~beenawhile
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~beenawhile

Dee wrote:
How many more thousands of people will be telling this same story before
this becomes a national issue that needs correction?

Dee

I hear you loud and clear........

With everyone working together, we CAN accomplish something!!!!
Our battles are not in vain, and Dee you so willing give your thoughts and help, whenever needed.

You are appreciated!!!!
~beenawhile


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breathe deep
Each of us independently must decide what is right for our particular families in each of our unique situations. For any of us to assume that we know what is right or wrong for someone else is insanity plain and simple.

If April and her husband have decided that they must do what they must do to live to fight another day or if they gave decided their child is more important that all else, I say "good for them" and will lend my voice of support. Not everyone can fight big, bad and loud like a warrior for years on end. Even those that can do so at a horrible price.

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Thank you for your kind words.

You'd think I'd get used to these stories but I don't.

It is just so sad.

This is such a cruel scam.

People are having their lives ruined, their good names ruined by feral wall street dogs.

The bone of contention is your home.

Dee
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4 justice now
April & Beenawhile:

Thank-you for taking the time to share your experiences here! Like so many other stories that I have read here in the past few years, they're so very sad and truly disheartening. But because they are told with such honesty and clarity, anybody who will just take the time to read them, provided they an open mind or at least a mind at all, will be that much closer to being truly convinced that such horrible things do happen and continue to happen to many honest and hard working people in this country despite what others would prefer them to believe. 

Thanks again! and thanks to Dee and so many others here for their never ending and generous help.

R, 4J


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Wendy
But what can we do??? How can we make the authorities understand what has happened to all of us? It was the most heartbreaking day of our lives when we were forced out of our home. Saxon Mortgage threatened us until we were sick and tired of their threats. We gave up and moved out. We are still fighting with them after a year. They held payments until it was past the due date. They returned checks to cause us to be late enough to fabricate a foreclosure. To this day some of the payments have never been found. They would always give us false hopes of getting our loan corrected even pretended they were going to refinance our home for us then at the last minuted changed their minds and demanded thousands of dollars. We were not at all prepared the day of the hearing because Saxon gave us false hopes that everything would be okay. Even sent a letter of apology two days before our hearing with the Judge. I sobbed when I read April's story because it happened to us in January. Saxon Mortgage threatened us with a lockout. They got really brave when they saw that we just about had all of our furniture moved then they came in and changed the locks and told us to not come back on our property. Please...if there is anyone out there reading all of these stories please give us some idea who can get to the bottom of these issues and will stop this madness. Most of us are people that could afford out houses. It's not like we bought mansions without a job or without enough income to make our house payments.
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~beenawhile
You are very welcome DEE! and I mean it! we all do.

4J, Thank you and you are very welcome
right back atcha'

Wendy,
I'm sorry you lost your home, and even worse you've lost irreplaceable treasures you've collected over the years as gifts from loved ones, which are absolutely irreplaceable.

Probably pictures .... irreplaceable.
THEY WILL STOP AT NOTHING!
Did you by any chance ever file a police report when they changed the locks on your home?

In ORDER for them to change the locks on your home........... THEY either had a KEY, or they broke into your home.

That IS ILLEGAL. you can pursue the matter of stolen personal property as well.
I'm not legally inclined too much so maybe someone else here can help you with the terms required.

What is theft of personal property called?
And in what court can this be filed?

Also, what is the maximum amount Wendy could claim on personal Items?

Wendy, (others speak up if I'm wrong)
I would be highly tempted to multi-task this fraud case if i were you.
I would be pursing them for the Fraud they brought into my life as top priority. But at the same time I would also be pursing them for stolen Personal Property.

My thinking with this is............ If you could "prove" to a smaller court and one which would probably have a closer Court date, and you won the case, and Were reimbursed for all the items they stole from you; When you go to court for the FRAUD your case is probably more likely to be looked at in a different light by the Judge, than the normal "dead beat" borrower picture that was picture perfectly painted for the Judge.

If you could get a winning suit of theft of personal property displayed in front of your Mortgage Fraud Judge, he might be more interested in what you and your Attorney have to say!

Just my thoughts on the issue.
Anyone else here think this would work? Or be helpful?
~beenawhile

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Wendy
Sorry. I didn't explain the situation clear enough. They evidently watched us until we had the last of our personal belongings in the garage. We started with the best furniture and pictures three days before. We think they were watching us. We had the last things ready to load. We were going to clean the house because we didn't want the whole world to see it in disarray. They didn't give us a chance to go back inside to clean. They said they would do that. They had women standing there with brooms waiting to get inside. We had beautiful hardwood floors. Floors that had never had a broom touch them. I always cleaned them on my hands and knees. What were they going to do with several brooms??? They started changing the locks and told us we couldn't go back inside. My husband told them to get away from our stuff. They all held both their hands up and said, "We came in peace." They didn't break in, they pushed inside while we were standing in the garage exhausted from moving for three days. Everything I read about mortgage fraud in the news points toward the borrower. What about all of the mortgage brokers that lie on the borrower's application? Changing income, net worth, number of payments, prepayment penalty that they didn't put in the good faith estimate. What about the servicers that held payments, returned payments, stall until they can foreclose when there is equity in the house? We lost $70K to $90K!!! It was what we depended on for our retirement and something we could to leave to our children. It just makes us sick to think about what Saxon Mortgage has done to us. They not only managed to steal our home from us, but they ruined our credit in the process. We can truly sympathize with April.
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