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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
HELP

We are Currently in foreclosure-

But it wasn't until now that we have taken a closer look at our mortgage papers. After reading several posts from other people, we have discovered that we may have been a victim of the predatory lending?

Most of the companies I have seen on here were involved with our loan.
 Argent Mortgage-1st Servicer Ameriquest Servicing-Then transferred to Homec servicing
We have alot of the same problems that people  have on here:
Loan origination; 2005
Extremely high closing costs-
2/28 arm, which is increasing every 6 months-(we were told it would be 12months)
Never received our hard copy of appraisal- not sure if they have the correct property.
Refusal to except payments to bring loan current-minus the ridiculous attorney fees they have added on
Refusal to tell us who our lender is
Homeq telling us to do a short sale, rather then doing a loan Mod
  (We do not have equity in our home)
Which has been recommended by 2 HUD counselors.
After further review of Mortgage papers they were other mistakes including: wrong legal description on deed & mortgage papers. (Wrong county,but filed in correct county)
Therefore the property never was fully ours
 my SS# wrong on all of they docs ( SS# was corrected with Homeq 1 year later) but still remains on all legal docs.
Also discovered that the title company used just happened to be in the same building as the Broker.
The Title company has since closed.

I am not sure if any thing else is incorrect or wrong , as I do not know what to look for.

We have contacted an Attorney who is reviewing our complaints- not sure if they will take the case.


I also understand that you here are not attorneys, but at this point we are trying to get all the information we can to help us in our situation.
Quote 0 0
O -

How much are the attorney fee's? 
Quote 0 0

$2600.00 or $2700. Not sure this was verbal. I am waiting on reinstament letter.

Quote 0 0

What should our Truth and Lending Statement say for a 2/28 Arm?

Quote 0 0
~Beenawhile
Wow what alot of problems from the very beginning.
They got you, just where they wanted you.

You need help, and you need help fast.
To me it sounds like you will need the help of a REAL ESTATE ATTORNEY.

Reasons being,
1. Every deed, is to contain Correct Physical description of the said property lot. (This can be done in a few ways, but STREET ADDRESS IS NEVER ACCEPTABLE.) This was CERTAINLY AN INTENTIONAL ERROR, due to the fact that the PHYSICAL DESCRIPTION of the property has SPECIFIC GUIDELINES, it must follow, and to have an ""incorrect"" deed, means FRAUD.
2. Incorrect County listed, on Deed
3. Incorrect information provided in documents, as to borrowers Social Security #.

Possibly many other violations that you are not even aware of yet, that will later be discovered.

At this point, a REAL ESTATE Attorney is Probably your best bet.
When you go looking for one.
Make sure you ask the question,

Have you or your firm ever represented (MY MORTGAGE COMPANY) in ANY WAY?
If the answer is yes, Move on to the next Attorney.

Time is of the Essence, Get going, and
Good Luck, and keep us posted.


Quote 0 0

Hello,

I'm in a case very similar to you. My mortgages were for a 100% loan in Aug 2004. They both originated with Argent-Ameriquest. 1st was apparently sold to Citifinancial. Second was supposedly owned by Ameriquest serviced by HOMEQ. With Wells Fargo as the trustee. However, my 1st has the same parameters as yours. I didn't ask for a arm. I asked for a fixed rate. When I refinanced I was at a 7% fixed rate. And my credit was considered AAA.

However, some people have probably seen me post on here. My case has been quite extensive in posting. My former position is that of a mortgage bill collector of two of the largest of these companies Chase and Citi. I collected on charged off mortgages. That is to until come to find out the company I worked for never had it in their contract to sell notes for Chase. Of course this was after they took $80,000 of an investors money for charged off notes they never had the right to sell.

So needless to say stealing money is wrong. So is not assigning the notes they were suppose to of. So is the investor for preying on delinquent debt holders. Of course I found this out to much to little to late.

In October 2005 I fell behind on my 2nd note. Which HOMEQ was to be servicing for Ameriquest with Wells Fargo as trustee. However, Ameriquest says they sold it servicing released to Homeq. Thereafter I've been told Ameriquest owns it, Wells Fargo owns it, Option one, and Wachovia own it. I ended up filing a chp 13 in Oct. 2006. As I was the main income for my household. Not that the hubby doesn't try hard.

Well our bankruptcy attorney didn't believe us. But took our money and helped us file $2,000 cost. Then we had it proven in curt this year that they don't know who owns our note. I don't know if this is the same for you or not for sure. Have you checked county records? Is there a assignment recorded on who they sold it to? I know when my loan was done that Argent created it said it would be put with Ameriquest in all paperwork.

However, I didn't realize how far the fraud and deception runs. As with mine it was proven in court that they don't know who owns my note. As the assignment document they have was left blank. So therefore Homeq can't prove who their actually collecting for. So that successor trusttes thing they filed with the county is fraudelent. And I now have proof of the deception as it was provided in court. At least one attorney thought his right to practice law was more important than filling in an unnamed owner.

So it sounds like another case like mine. I can prove everything with documents if your attorney actually accepts your case. Good Luck though. Your in for it on this one. As I've had no attorney that'll agree to accept case or advise in case legitimately.

As here in ST. Louis I've been a bill collector since 1994. And collected on credit cards and mortgages. But most collection agencies will lie to you to get you in the door. Are abusive just COLLECT THE MONEY is all they care about. And HOMEQ won't tell you anything until you have a writ of discovery in court. Then you better hope you can stay current if you file a chp 13.

Cause in my case after having them show in court that they don't know who owns my note and doing our best to keep current we've fallen behind again. After probably 12 months of attempting to stay current and being told by our attorney that he's going to file the adversary he never has. And has now told us because we've been unable to pay trustee, he's not getting paid so he won't file the adversary. So now the 1st wants to foreclose. Last year my hubby lost somewhat of a decent paying job right before x-mas, then in Feb took a job that pays based on work performed. Which some weeks it may only be $250-$600 depending on what kind of week it is at work. As he's a diesel mechanic. Well he finally just got a better job he'll start next week that'll actually be worth a dam. It's union and starts at $22.92 w/full benefits. And he'll keep his other job part time as well.

Me I've been burnt by the banking business so bad for always trying to do right I'm fed up. And for anyone that says there's jobs go get one. I also have a herniated disc where I had a ruptured disc in my lower lumbar. This effects all of my body. Feels like a jack knifed rig I swear. As I was in an auto accident in 97 that reinjured me after already having ruptured disc repaired.
So just any old job doesn't quite cut it. One for income reasons as I know how bad collection agencies lie.  So unless I can sell and relocate to a job that'll pay me what is suitable for a family of the size I have what am I to do? Two because of my injury a stand up job won't do. Neither does another back operation as I could never walk again as my chances for walking are alot slimmer than they were the 1st time around.Three good things happened from accident. One I'm alive, Two my son is healthy Three it got rid of my grandmal seizures I've been epilepsy free for 10 years now.

Since my attorney has basically quit the way he did I believe he should be disbarred. As he knew the parameters of our case when he accepted it and had he actually filed the adversary as promised for months on end I may not be losing my home. That's if they can really foreclose without notifying my second lienholder as there's no one to notify if they don't know who owns it.

I've orcestrated an overview somewhat more in depth than what I've put here. To me if they were going to show ownership they've had every opportunity. I asked them to check their bank records and everything to no avail. They say they can settle my debt or possibly sell my note but how can they if they don't own it? So now I'm taking my story to the NY Times. I actually need the help. I'm hoping the journalist can get me someone to help me as we're almost out of time and money in our home. With no where to go with four little ones 9 and under.

To me any of these companies need to be shut down..I'm sure this won't help but won't know if I don't try. But an associate of mine has an in to the Prince in Saudi who just fired the Charles Prince guy at Citi. I guess I'm hoping maybe they'll neogitate with me vs the whole AMERICAN population knowing what their doing. Cause it runs deep....Attorneys, trustees and all mentioned above are involved.
 

And trying to get a good attorney seems fruitless at this point. As we already tried this. And even if you find a decent attorney who may know how to handle things their usually out of state.

So good luck!

Kathy





Quote 0 0
Me

If you need to voice your complaints and get something done, you must call the COO of the company. His number is listed below. I am in a situation with HomeQ where my home is going to foreclose because we are short $2800. They will not approve a shortage of $2800. So instaed of getting 140,000 they want the full $142,800. We of course cannot come up with the money, so it will foreclosure. So please, do me a favor, call the heck out of this man and let him know just how you feel! Oh, and if you get his voicemail, press 0 then # to get his assistant. Good luck everyone!

Keith Becker COO - HomeQ Servicing
916-339-6134

Press 0# to get his assistant, she actually answers the phone.

Quote 0 0

Even if you talk to someone by phone, it will not matter what they say if you do not get it in WRITING. Also if your state allows, you should record the conversation.

Quote 0 0
Digger

Secret taping of phone conversations
is allowed here:
Alabama
Nebraska
Alaska
Nevada
Arizona
New Jersey
Arkansas
New Mexico
Colorado
New York
District of Columbia
North Carolina
Georgia
North Dakota
Hawaii
Ohio
Idaho
Oklahoma
Indiana
Rhode Island

Iowa

South Carolina
Kansas
Tennessee
Kentucky
Texas
Louisiana
Utah
Maine
Virginia
Minnesota
West Virginia
Mississippi
Wisconsin
Missouri
Wyoming
Source: 2002 Cumulative Supplement to the "Fair Debt Collection" manual, National Consumer Law Center

 

Quote 0 0
Harry
Digger-

Good find. Hey moderators, can we get this chart posted in the legal lounge, or some other appropriate place? People should know!

One other point, if you are worried about breaking any laws, you simply have to disclose you are recording in the rest of the states not on the list. You know when you hear the recording something like "this conversation id being recorded for quality assurance," etc. This is simply the legal requirement to disclose. If I am wrong, someone correct me!

Harry
Quote 0 0
Ohio
Kathy--

I've read your post over and over and I am not understanding how the questionable identity of the 2nd mortgage holder plays into the initial default, the chapter 13 filing and the eventual default of the chap 13 payments?

I'm trying hard not to sound like a smart alec because I am sincerely lost here and it is incredibly difficult to sort through the actual chain of events and what actions on their part contributed to this problem.
Quote 0 0

Ohio,
 
No problem. I guess you can say I screwed up by refinancing my home initially. So let's start there. I refinanced my home in Aug o4. I didn't know who my loan was being originated with until I got to closing. And needless to say my loan rep didn't show up for the closing of our new notes. Now I know why.
 
But in Oct 2005 we started having some financial issues as we all do. And I fell behind on my 2nd mortgage. I attempted to reinstate and could never get good reinstatement figures. So they filed for foreclosure. In an attempt to possibly sell my home prior to sale as most do I tried to see who actually owns my note. Since dealing with the servicer got me nowhere but almost foreclosed on.
 
In attempting to verify who actually owns is when I discovered they had no clue who they were actually attempting to foreclose for. Anyone they told me that actually owns my note has not taken ownership of my note.
 
 
Would you pay if someone couldn't tell you where your money is going beyond them to credit your account? How do you know if they've filed fraudelent papers that your money is going to the rightful owner?
 
I would of never found out they didn't know who owns note if we never had the financial problem we did. In this situation I can't refinance or sell. One because of credit now and two because of a lien their suppose to know things about and have no clue. Also because my hubby refuses to pay if they can't tell us what lender our funds are going to to pay down debt if they don't know who owns it.
 
So this led into the causing us to fall behind on 1st along with what my former employer has gotten by with. Plus the fact that my hubby isn't a millionaire and I still married him anyway. So we filed chp 13 to try and reorganize our debts. To maybe have enough to keep the things we've worked for these last several years. But hubby just wasn't making enough still. Then he lost his job right around christmas in which put things in another tailspin. And the next job he found didn't happen til like Feb this yr.

Then this job has helped but not enough to satisfy things. $250 a wk maybe $500 a week goes nowhere in todays society for a couple with four young children. Our 1st alone is $1200- plus a vehicle, ins, food, clothes, med., gas. 
 
Hope this helps more to understand...Thanks!
 
 

 


Quote 0 0
Ohio
Thank you Kathy...I understand a little more clearly now.

May I ask how the chapter 13 played out? Also was a claim ever submitted to the court on the 2nd note so they could be paid under the chap 13?
Quote 0 0
Question Mark
Quote:

Also because my hubby refuses to pay if they can't tell us what lender our funds are going to to pay down debt if they don't know who owns it.


When did your hubby decide to stop paying?

Did you put your payments into an escrow account to cover yourselves in front of a judge who may ask you about your payments?

I'm not trying to be mean about this, but just because your hubby decided to stop paying, (because he doesn't know who owns the note?) he knew or must have known that he has a mortgage to pay for.


Quote 0 0

Ohio,
 
Funny enough even though they knew they didn't know who owns note yes they tried to file two proof of claims. Stupidest thing I've ever heard of. If I got sale stopped because they didn't know who owned it I would of never thought they would of tried twice. It was quite pathetic. They tried once after one had just gotten the turn down by judge...And when they hired another attorney and  heard case quit working case...
 
Yes we were demanded to put payments into atty escrow to show we had the funds to pay if we were demanded to. Since we did this judge ruled in our favor to not pay 2nd lien. No trustee payments or pymts outside like you would regularly do in a chp 13...
 
We don't dispute that we created debt or owe the debt. But until we can be shown who actually owns even judge has agreed that they don't deserve to be paid.
 
But it looks like the chp 13 will be dismissed next Thursday as they were already granted a lift of stay on house for 1st and a vehicle. Which sucks but things have been very difficult. But we've been fighting to get back to be able to pay. And since our attorney I now found out works for a chp 7 trustee I believe its a conflict of interest for him to do the adversarial hence he is now not doing it. Said because we fell behind he's not getting paid so isn't doing adversarial. But even when we were able to pay he didn't file it. And has admitted he's not sure how to do to make it a win in court.
And has advised us to file a chp 7 now.

Which we don't want to do but are at a loss as to how to really go forward even though we've gotten things proven and documented. As even if we had the money I can't find a legitimate attorney to represent us after all this.
 
Hey Ed I read in one of your posts that your dad was an attorney. Any advice? Anyone?

Thanks and God Bless!
Kathy



 

April 6, 2007
PERSONAL & CONFIDENTIAL

Re: Bankruptcy Case :
Pursuant to the hearing on April 5, 2007, I am informing you of what transpired. The Judge stated, in no uncertain terms, that you must turn over $2,378.86 so that I may put that amount in my trust account. I would prefer that the amount be in either a cashier’s check or money order. The Judge also ordered HomEq to come up with the name of the owner of the Note. The Judge then continued the hearing to April 19, 2007 at 9:00 a.m. The Judge stated that if I cannot say that I have the $2,378.86 in my trust account the Judge will rule in HomEq’s favor. The Judge also stated that if HomeEq cannot come up with the name of the owner, he will find in our favor. However, he stated that if HomEq does not come up with the name of the owner and I do not have the funds in my trust account, he will find in HomEq’s favor, the stay will be lifted, and it will be up to HomEq to decide whether to begin foreclosure proceedings.
Please turn over $2,378.86 to my office. If you do turn the funds over in a cashier’s check or money order by April 18, 2007, and the Judge rules in our favor on the 19th, I can deposit it into the account, we do not have to wait for it to clear, and then we can write you a firm check immediately to return those funds to you. If you give us a personal check, we will have to wait ten (10) days to make sure that the check clears.
I have also provided copies of the Assignment of Deed of Trust. The first Assignment of Deed of Trust shows that the loan went from Argent Mortgage to Ameriquest Mortage. The second Assignment of Deed of Trust was supposed to transfer it from Ameriquest Mortgage to someone else. As you can see on the assignment, the name of the purchaser of the Note is blank. It appears this was never finished. Please keep these items for your records.
If you have any questions, do not hesitate to contact me.

When recorded mail to

Arneriquest Mcrtgage Company

RO. Box 1150T

Santa Ana, CA 92711

Loan Number:

ASS IGNMENT OF DEED OF TRUST

This Assignment of Deed of Trust, made and entered into on 08/27/2004, by and between Ameriquest Mortgage Company of the CITY OF Orange of Orange County State of California first part, and

__________________________ of the CITY OF __________________ of ____________________ County Stale of ______________ party of the second part.

Witnesseth, that Ihe said uiarty of the first part, for and in consideration of the sum of $ 26400.00

twenty-six thousand four hundred and 00/100 Dollars paid by the said party of the second part, the receipt oIwh[ch is hereby acknowledged, do by these presents, Sell, Assign, Transfer and Convey unto the said party of the second part the following descdbed Deed of Trust and all unpaid notes secured thereby to-wit:

Deed of Trust dated the 23 day of August , 2004 , executed by

, Husband and Wife to US TITLE Trustee for Argent Mortgage Company, ILC on which there is now due the principal amount twenty-six thousand four hundred and OO Dollars recorded in book ,page of the records of the COUNTY of St CHARL.ES and State of Missouri, and all notes secured thereby, which are a lien on the following property, situated in the County of ST. CHARIES , and State of Missouri to-wit:

LEGAL DESCRIPTION Afl’ACHEU HERE TO AND MADE A PART HEREOF”


IN WITNESS WHEREOF, the said party of the first part has executed these presents the day and year first above written,
Ameriquest Morta9e Company
SHANDRIKA ANDERSONON-AGENT
Slate of Illinois
County of Cook
On before me, BRENDA MARIE COPELAND
personally appeared SHANDRIKA ANDERSON
personally kiiown to me (or proved to me on the basis of satisfactoty evidence) to be the person(s) whose name(s) is/are subscribed to the whhin instrument and acknowledged to roe that he/sheithey executed the same in his/herltheir authorized capacityies), arid that by his/heritheir signature(s) on the instrument the person(s) or the entity upon behalf of which [a the person(s) acted, executed ihe instrument.
WITNESS my hand and official seal
orrlcL4Ls {
BRNC MARIE COpELo
I NOTARY PUBLIC 5TATOp iiu I
MyCornmj Expirest)cij)7 ?
_____________________ I COPELAND
 

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

In re

Case Number Chapter 13

Debtors. ) Response Due By May 18, 2007

 

DEBTORS’ OBJECTION TO CLAIM #7

 

Filed by HOMEQ SERVICING CORPORATION

 

COME NOW Debtors, ______, by and through the undersigned counsel, and hereby object to Claim #7 of Homeq Servicing Corporation, in the amount of $29,623.32 secured and $3,357.72 in arrearages, for the following reasons:

1. Homeq cannot provide proof that they are the servicer for the owner of the Note.

    2. Homeq cannot provide proof of the owner of the Note.

3. Homeq’s Motion for Relief from the Automatic Stay was dismissed by Order without prejudice on April 26, 2007 because Homeq could not provide proof of the owner of the Note.

PLEASE TAKE NOTICE: ANY RESPONSIVE PLEADING IN OPPOSITION TO THIS OBJECTION TO CLAIM MUST BE FILED IN WRITING NO LATER THAN TWENTY(20) DAYS AFTER THE DATE OF SERVICE OF THIS OBJECTION AS SHOWN ON THE

CERTIFICATE OF SERVICE. (See L.R. 3007-1B and L.R. 9061-1B) THE RESPONSE MUST BE IMMEDIATELY SERVED UPON THE UNDERSIGNED. IF NO RESPONSE IS FILED, THE COURT MAY GRANT THIS OBJECTION WITHOUT FURTHER NOTICE ON

EXPIRATION OF THE RESPONSE PERIOD.IF A RESPONSE IS FILED, THE UNDERSIGNED OBJECTOR SHALL SET THE

MATTER FOR HEARING AND PROVIDE NOTICE PURSUANT TO L.R. 3007-1B.

 

   

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

In re:

 Case Number

 Chapter 13 Doc. 48

Debtors

CERTIFICATION OF NO OBJECTION OR RESPONSE

This matter coming before the Court on the Debtors’ Objection to Claim #7-2 filed

by HomeQ Servicing Corporation; Notice of Debtors’ Objection having been provided to said creditor and no responses having been received; upon a review of the Court’s record in this matter and for good cause shown;

 

ORDERIT IS HEREBY ORDERED

That the Debtors’ Objection is sustained and Claim #7-2  is disallowed and not entitled to participate in distribution from this Estate.

DATED: May 25, 2007

St. Louis,

Missouri Barry S. Schermer

Chief United States Bankruptcy Judge

TAL

Order


Quote 0 0
Ohio
okay...you filed chapter 13. the proof of claim for the 2nd mortgage was disallowed at one point in time.

You began making payments under the 13...Was their proof of claim finally admitted/included in the chap 13?

You fell behind on the chap13 payments, the stay was lifted and I assume collection activity resumed for both mortgages? Your attorney also quit because of non payment?

I am trying to figure out how the 2nd mortgage issue plays into the default of the chap 13 payments.... 


Quote 0 0

This whole thing with the lawyers on the servicing issue is just as sickening as what the servicers are doing. With all this fraud going on it seems like there would be lawyers jumping on this. Yet no one seems to be able to find one that will help us. It just is very puzzeling to me. The servicers have to be paying them off or something. I think we all need to start posting on the lawyers that are betraying us as well. There has to be a real reason why the lawyers are not jumping on all this. Anyone agree?

Quote 0 0

What we really need is for someone to be a spy and get hired by HomEq and any of the other servicers here. We need someone that is qualified to be hired by some of these companies and get the real insider information. Anyone?

Quote 0 0
srsd

Tired...I agree...The response I have gotten from the lawyers I have contacted is they are all going class action.  I have also been told this is going to cost a lot of money even though you have proof of one thing, they (the companies)will cover themselves by discrediting anything you can throw at them.  They (the companies) can lie, fabricate docs when needed and pull all kinds of tricks so the lawyers want to build an airtight case. With the class actions (takes a long time but easier to win) we get nothing, the lawyers get rich, but we can say we won. I am sure the lawyers are out some time and money but they will get it back when they win but we have lost a lot and get nothing but to say WE WON!

Quote 0 0

The most important thing that we all want out of this is to be able to get into a loan with a ligit company. Are there any left? How do we find out who they are?

Quote 0 0
After borrowers have been massively burned by the entire mortgage industry,
we look at our choices and see nothing legitimate at all.

None of the big lenders have stuck to traditional mortgages and or are offering
good customer service when it comes to repayment.

All the big ones are using these mortgage servicers.

We even suspect they work hand in hand with the servicers whether they
outright buy a servicer. acquire it or merge with it. 

There is no consumer protection when it comes time to repay the loan.
They can do anything they want to do without fear.  The justice system
is not there to protect borrowers that have defaulted.

I could live with that if you were to default because of the myriad reasons
a borrower can get behind on their payments. 

But when a servicer declares you in default when you have done nothing wrong and the reasons used for default are untrue, there should be a provision made for the borrower to have their day in court to present
their evidence why they should not be considered in default.

Foreclosure was never meant to be a way to steal your property but that is what happens when the servicer starts adding fees and charges that they are not entitled to collect in the first place.  The borrower balks at payment
for these charges they don't owe and the next thing you know, you are in court IF it is a judicial state facing a judge that wants to rubber stamp
the plan for foreclosure.

The servicers that have incestuous relationships with the secondary market
are stripping equity from borrowers to keep their hedge fund partners
liquid. 

Dee
Quote 0 0
Ohio
Foreclosure was never meant to be a way to steal your property but that is what happens when the servicer starts adding fees and charges that they are not entitled to collect in the first place.  The borrower balks at payment
for these charges they don't owe and the next thing you know, you are in court IF it is a judicial state facing a judge that wants to rubber stamp
the plan for foreclosure.

That is where the protection needs to be created. Any additional fees that are charged should not be a part of the amount required to cure the default, or an amount included in the reinstatement after the note has been accellerated. 

These additional fees should always be billed separately so a borrower can have the opportunity as with any other bill to see what the charges are and have a chance to dispute.

we can do this with credit cards, doctor bills, etc. but not with lenders who want paid for anything above and beyond what we have promised to pay. The Fair Credit Billing Act is tossed out the window in regards to lenders who say you WILL pay or we will kick you to the curb...no explanation of the fees are needed because you signed a note saying we had the right to charge you whatever we feel like charging.

They stand behind their no partial payment provision to deny you the ability to send in the actual arrears which would end the foreclosure, and tackle the issue of the extra fees separately with the lender.

They are permitted by the note to roll these extra fees into the reinstatement amount without so much as a coherent itemization of their expenses, let alone proof that they actually paid for BPO's, attorneys etc.

We all know that this just about guarantees a buyers inability to cure the default....which in turn guarantees a rubber stamped foreclosure. 

The note in itself is an unconscionable contract and until the provisions of the note are changed to create an even playing field this unfair control will continue.
Quote 0 0
While looking over a few of the other sights of complaints for HomEq I came accross a person that is seeking a class action suit against them. He has attorneys that may be willing to take the case. I know that a class action may not be the best way to go but for the time being it is the only thing I see that may offer any help for us. And the class action will hurt HomEq the most even though we will never get back what this company has stole from all of us. The persons name is Bill Berkenbush. If anyone on here is interested please e-mail me and I will give his e-mail address.
Good Luck everyone.
Quote 0 0
~beenawhile

Ohio wrote:
Kathy--

I've read your post over and over and I am not understanding how the questionable identity of the 2nd mortgage holder plays into the initial default, the chapter 13 filing and the eventual default of the chap 13 payments?

I'm trying hard not to sound like a smart alec because I am sincerely lost here and it is incredibly difficult to sort through the actual chain of events and what actions on their part contributed to this problem.


This is for OHIO,
I understand the difficulty you are having in trying to help Kathy with her situation.

Last night I stayed awake for hours trying to read through all of Kathy's posts, I even came across a few others that seem to be Kathy as well.
It is very hard to help someone when they are giving only little tid bits, and alot of of everything else in their post.

So I understand your confusion of it all OHIO.



This is For KATHY,

Kathy, after reading through a mountain of epistles you've posted on the board, I had come across some others that were posted by a poster named
"spaz1968"  are you also posting as spaz1968? Spaz has said some of the same things that you have said, and lives in the same city, and state.

I don't mean to blow a cover here, if you feel betrayed, I am so very sorry, and am only trying to help you.

If you are using two names to post, it is not helping any of us who are trying to help you.

These are some of the comments that i have come across between KATHY, and SPAZ1968

They are not quotes but they are close enough so that you may get my point.

"The banko lawyer told us that we needed to give him at least $2,786.00 by April 18th 2007 or the Judge was going to allow HomeEq to continue with the "relief of stay"

In another post, Kathy or Spaz said, the banko attorney wanted the money to re-instate our bankruptcy, but since we don't know who the money is going to when we pay, my husband said we Aren't paying it!


In another post, it was said that Kathy or spaz DID pay the money the Attorney wanted, and that the bankruptcy was supposed to be re-instated, but wasn't cause the attorney said he wasn't getting paid so why should he be doing the work.

Another post said,
it doesn't matter if we had the money to pay or not, and our payment history has nothing to do with this because we knew when we started the loan, and we know when we fell behind, so proof of payments isn't needed.

Again, none of these are exact word for word / verbatim "quotes"  but pretty close to them.

KATHY, SPAZ1968 we all want to help, and we all want to understand what kind of help you are looking for hun.

and in reading through these posts, I also wonder if you are posting under the name of "HELP".......... I mentioned that we had two posters using the name of "Help" several weeks ago, as did another poster. (Hi ya poster )
and it was suggested to one "Help" to changed the name they were using because it was difficult to separate the two, for us to help.


Kathy, Spaz1968, help,

you have to keep in mind that when you post on this board, our heads begin to fill with information, such as how long you have been in your current mortgage, what co. it is with, what some of your struggles have been.

This is a good thing though, because as our minds develop stories of each poster and their troubles, we are able to discern, what is important, and what is not, we are able to better help you, and give you information that better suits your questions, or situation.

Using an abundance of names only creates much confusion in our heads, and we aren't able to build a "story" about you, and your situation, which means............... WE CAN NOT OFFER YOU AS MUCH HELP!

KATHY, SPAZ1968, HELP,
if you are using multiple names please --STOP--!
Use only one name so that we may ALL begin to get some insight on your story, and situation.


And PLEASE, one last thing.
We don't need to hear about your personal life, and not having a job. I'm very sorry, that is sad, and we wish you well! WE CAN NOT HELP YOU WITH YOUR PERSONAL LIFE OR YOUR TROUBLES IN YOUR PERSONAL LIFE.
Those are areas better discussed on another board.

KATHY, SPAZ1968, HELP,
please can you start your story over with a time line for us, and leave out all personal information?

here's an example:

1. We bought house in 2001
2. loan was with HomeEq
3. Our payments were current,
4. death in family Oct. 2003
5. loss of income June 2006
6. filed for Chapter 13 bankruptcy Nov. 2006
7. made payments to trustee til another loss of income Feb. 2007
8. fell behind on Chapter 13 payments March 2007
9. Chpt. 13 Attorney said he won't help anymore since not being paid by us.  March 2007.
10. April 2007 Got letter from Homeeq saying they are filing for "relief from
stay" motion
11.  Found problems with title on property April 2007

This would be a good way for you to explain your story, to us, so that we can help you.

If we have questions from your post, then we can ask them. This is what lets us help you.

I saw in another one of your posts that said "for those of you that actually DO care"
Kathy, Spaz, help,
WE DO CARE, everyone on this board tries to help their fellow neighbor in this ugly battle of fraud. People aren't helping you because they are not able to understand what you are saying.

Please let us help you by RE-POSTING your information in the format as shown above. It would make it sooooooo much easier.

AND PLEASE LEAVE OUT ALL PERSONAL INFO....
Personal info would be described as :
the name of the co. you worked for
&
we don't need to know why you don't work their anymore
&
we don't need to know what your husband does for a living
we don't need to know that he doesn't want to relocate.
I'm sorry we just cannot help you with your personal life on this board.

We can offer guidance with the FRAUD though, if you give us only the FRAUD info.

God Bless, Good luck, and I hope you will re-post the necessary info for us to help you, by using ONLY ONE NAME.
~beenawhile



Quote 0 0
~beenawhile
Dee, & Ohio

good stuff on both posts, I'm going to copy both posts, and do a little pasting job, to make a final letter.

Was thinking that a letter of this sort might be a nice read for a Judge, or too in the area.

Also other federal offices as well.

Ill post the letter here after I'm finished with the edit job.

thanks both for great posts.

And Dee, you nailed it on the head.... when I balk, they will retaliate..... i can just "feel" it
no monthly statement sent this month, after my letter to them,
no confirmation sheet sent this month, after my letter to them.

This was the first time since they've had my loan, that they have not been in my mailbox....
It's starting.
and I assume it will become worse with the next letter they receive from me.
~Wish me luck~!
beenawhile

Quote 0 0
Ohio
Thanks BAW...

I was really beginning to feel like a retard because I couldn't get the gist of Kathy's situation. I see I wasn't the only one confused here.

I noticed the similarities in posts under the different names...thanks for bringing that out in the open.

I hope she responds back and does not go away thinking we are picking on her. She may feel "grilled" and get defensive but I hope she understands if she can will just take a deep breath and like you said give the facts in a clear precise way we will be able to determine much more.

From what I can gather so far....I just can't see the "fraud" she's speaking of that excuses her from defaulting on the chap 13....I'm still willing to try as I'm sure all of us are.
Quote 0 0

I had a question that maybe someone on here could answer for me. I reside in Illinois. We do have to tell someone that we are recording them. Could anyone tell me if I were to make a phone call to them from a Missouri telephone could I record them? And would I be able to use this for any legal action?

Quote 0 0
Ed Cage

       Kathy wrote:
       "Hey Ed I read in one of your posts that your dad was an attorney.
       Any advice?"
 
Kathy you may contact me privately at ecagetx@tx.rr.com
 
Kind regards,
Ed Cage
Plano Texas
972-596-4363


Quote 0 0
Ed Cage

     tired and tattered wrote:

     "I had a question that maybe someone on here could answer for me. I reside in

     Illinois. We do have to tell someone that we are recording them. Could anyone

     tell me if I were to make a phone call to them from a Missouri telephone could

     I record them? And would I be able to use this for any legal action?"

 

Dear Tired:

The Court will not be sympathetic to a Plaintiff or Defendant who goes to Missouri to legally record then attempts to use the secretly recorded conversation as evidence

in an Illinois venue, except in extraordinary circumstances. In Texas where secret

recording is legal you will find that a Texas mortgage entity contacting a customer

within the same state will still use the same lengthy recording disclaimer you have

heard so often.

 

On the other hand when arch mortgage fraud criminal James Brantley* was with AMC

he tried to pull a fast one on me when I made a $35,000 “principal only” payment included with my regular payment. Brantley then had a woman with a very heavy accent (partially unintelligible) call me and attempt to get me to apply it elsewhere other than the stipulated “principal only.”  (!?)  True story.  In a case like that a secret recording in Texas can be used even though AMC’s call originated in California.

 

* Incredibly Citi Residential hired the notorious James Brantley after AMC’s demise, which should tell us all what Citi’s priorities are and why Citi Residential is also rapidly collapsing.

 

Ed Cage

Plano Texas

972-596-4363

ecagetx@tx.rr.com

Quote 0 0
~beenawhile wrote:

Kathy--

I've read your post over and over and I am not understanding how the questionable identity of the 2nd mortgage holder plays into the initial default, the chapter 13 filing and the eventual default of the chap 13 payments?

I'm trying hard not to sound like a smart alec because I am sincerely lost here and it is incredibly difficult to sort through the actual chain of events and what actions on their part contributed to this problem.


This is for OHIO,
I understand the difficulty you are having in trying to help Kathy with her situation.

Last night I stayed awake for hours trying to read through all of Kathy's posts, I even came across a few others that seem to be Kathy as well.
It is very hard to help someone when they are giving only little tid bits, and alot of of everything else in their post.

So I understand your confusion of it all OHIO.



This is For KATHY,

Kathy, after reading through a mountain of epistles you've posted on the board, I had come across some others that were posted by a poster named
"spaz1968"  are you also posting as spaz1968? Spaz has said some of the same things that you have said, and lives in the same city, and state.

I don't mean to blow a cover here, if you feel betrayed, I am so very sorry, and am only trying to help you.

If you are using two names to post, it is not helping any of us who are trying to help you.

These are some of the comments that i have come across between KATHY, and SPAZ1968

They are not quotes but they are close enough so that you may get my point.

"The banko lawyer told us that we needed to give him at least $2,786.00 by April 18th 2007 or the Judge was going to allow HomeEq to continue with the "relief of stay"

In another post, Kathy or Spaz said, the banko attorney wanted the money to re-instate our bankruptcy, but since we don't know who the money is going to when we pay, my husband said we Aren't paying it!


In another post, it was said that Kathy or spaz DID pay the money the Attorney wanted, and that the bankruptcy was supposed to be re-instated, but wasn't cause the attorney said he wasn't getting paid so why should he be doing the work.

Another post said,
it doesn't matter if we had the money to pay or not, and our payment history has nothing to do with this because we knew when we started the loan, and we know when we fell behind, so proof of payments isn't needed.

Again, none of these are exact word for word / verbatim "quotes"  but pretty close to them.

KATHY, SPAZ1968 we all want to help, and we all want to understand what kind of help you are looking for hun.

and in reading through these posts, I also wonder if you are posting under the name of "HELP".......... I mentioned that we had two posters using the name of "Help" several weeks ago, as did another poster. (Hi ya poster )
and it was suggested to one "Help" to changed the name they were using because it was difficult to separate the two, for us to help.


Kathy, Spaz1968, help,

you have to keep in mind that when you post on this board, our heads begin to fill with information, such as how long you have been in your current mortgage, what co. it is with, what some of your struggles have been.

This is a good thing though, because as our minds develop stories of each poster and their troubles, we are able to discern, what is important, and what is not, we are able to better help you, and give you information that better suits your questions, or situation.

Using an abundance of names only creates much confusion in our heads, and we aren't able to build a "story" about you, and your situation, which means............... WE CAN NOT OFFER YOU AS MUCH HELP!

KATHY, SPAZ1968, HELP,
if you are using multiple names please --STOP--!
Use only one name so that we may ALL begin to get some insight on your story, and situation.


And PLEASE, one last thing.
We don't need to hear about your personal life, and not having a job. I'm very sorry, that is sad, and we wish you well! WE CAN NOT HELP YOU WITH YOUR PERSONAL LIFE OR YOUR TROUBLES IN YOUR PERSONAL LIFE.
Those are areas better discussed on another board.

KATHY, SPAZ1968, HELP,
please can you start your story over with a time line for us, and leave out all personal information?

here's an example:

1. We bought house in 2001
2. loan was with HomeEq
3. Our payments were current,
4. death in family Oct. 2003
5. loss of income June 2006
6. filed for Chapter 13 bankruptcy Nov. 2006
7. made payments to trustee til another loss of income Feb. 2007
8. fell behind on Chapter 13 payments March 2007
9. Chpt. 13 Attorney said he won't help anymore since not being paid by us.  March 2007.
10. April 2007 Got letter from Homeeq saying they are filing for "relief from
stay" motion
11.  Found problems with title on property April 2007

This would be a good way for you to explain your story, to us, so that we can help you.

If we have questions from your post, then we can ask them. This is what lets us help you.

I saw in another one of your posts that said "for those of you that actually DO care"
Kathy, Spaz, help,
WE DO CARE, everyone on this board tries to help their fellow neighbor in this ugly battle of fraud. People aren't helping you because they are not able to understand what you are saying.

Please let us help you by RE-POSTING your information in the format as shown above. It would make it sooooooo much easier.

AND PLEASE LEAVE OUT ALL PERSONAL INFO....
Personal info would be described as :
the name of the co. you worked for
&
we don't need to know why you don't work their anymore
&
we don't need to know what your husband does for a living
we don't need to know that he doesn't want to relocate.
I'm sorry we just cannot help you with your personal life on this board.

We can offer guidance with the FRAUD though, if you give us only the FRAUD info.

God Bless, Good luck, and I hope you will re-post the necessary info for us to help you, by using ONLY ONE NAME.
~beenawhile



[BEENAWHILE

SORRY FOR THE CONFUSION. FROM WHAT I CAN TELL I AM THE ONLY ONE WHO HAS EVER POSTED ANYTHING BY "HELP". I HAVE WENT BACK AND READ MY POSTS.
WHEN I FIRST FOUND THIS SIGHT & POSTED I WAS BEING CONFUSED WITH "LINDA". I KNOW THERE WAS A NEW THREAD MADE FOR HER. AGAIN, SORRY FOR THE CONFUSION, HOMEQ IS OUR SERVICER. WHEN I HAVE TIME I WILL RE-POST MY SITUATION AS TO MAKE SURE MY SITUATION IS UNDERSTOOD. THANK YOU FOR ALL THE INFORMATION I HAVE FOUND ON THIS SIGHT.]
Quote 0 0
~beenawhile
Help,
Good morning,
It's ok, and not a problem. I saw you post on a new thread you created. Thank you for posting your story again. It is very helpful, when we can create the "story" in our minds that goes along with your specific troubles.

"THANK YOU FOR ALL THE INFORMATION I HAVE FOUND ON THIS SIGHT."

I am here to help as much as possible when I can, and I am here to learn as much as I possilby can.
 
Help, I'm not the proud creator(s) of this site, whoever has done so you should feel proud, or happy at least that you are able to help others. You/Yall have gone beyond, the realm of helping, when you/yall created this site. Thank You!!!-----I would have lost my home during the last attempt, when EMC tried to Set up an Acceleration on our loan, had this site not been here. I can never Thank the site creator(s) enough, and all of the posters who helped get us through, their lies.
Quote 0 0
We refinanced in 2005
loan is with HomeEq
Our payments were never late
Husband death in 7/2007
mortgage was late 1 month
then they raised my escrow 500.00 additional because of the home insurance which I told  them I would get a home inspection and it would be lowered from 5,500.00 to 1,500.00.  I had to pay the additional until the mortgage became 3months behind because they would not consider  I finally call HOPE and  I got the money to catch up and a different insurance company.  HomeEq had to refund me 3,277.00  which was all the escrow they colleced.
I would like to pay only the principal and interest and pay taxes and insurance on my own  They will not allow this.  The mortgage is in my late husbands name only.  I am struggling to pay this on top of a 2nd mortgage which is 377.00 with Wells Fargo another uncooperative lender.  Is there anything I can do?  My total monthly income is 2,000.00 and my mortgage payments come to 1,900.00.  with escrow.  I have a little help from my son and also got a 2nd job which brings in only 200.00 extra a month.  Someone told me to contact Wells Fargo and tell them you cannot pay and they will put a lien on the property until you sell it.  is this true.  Please help.
Quote 0 0
Write a reply...