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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trying to pay Show full post »
needonenow

 

amending title 6, Arizona Revised Statutes, by adding chapter 16; relating to home loans.

Hi trying to pay,(i could be wrong) bt just by reading the below, it seems that this is an actual law, and not just a bill.

i've underlined the parts for you.

 

 

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 6, Arizona Revised Statutes, is amended by adding chapter 16, to read:

CHAPTER 16

HOME LOANS

ARTICLE 1.  GENERAL PROVISIONS

 

ENACTED

Main Entry: en·act
Function: transitive verb
Pronunciation: i-'nakt
1 : to establish by legal and authoritative act ; specifically : to make (as a bill) into law
2 : ACT OUT

 

the term enact is to do something legal; but once adding the ("ed") suffix, it then becomes past. (as in past time)

This would say that this is in fact a LAW.

 

and the same thing with the term "REVISED"

 

hoping for you that I'm not wrong.

 

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Dee, are you saying they can't go through with that notice of sale? 

 

Maybe I'm not understanding but the way I read it I'd thought they'd accelerated the loan, meaning I need to pay off the entire loan ($100,000) to keep this house. 

*******************************************

 

I can't answer that question.

 

That depends on what you negotiated with them.

 

Did you ask the question,

 

What do I get in return for this $5,000.00?

 

If so, what did the guy say to you that you spoke with?

 

I believe you mentioned foreclosure but not acceleration of the loan.

 

You could have tried to negotiate with them by asking does this mean

that you will drop the acceleration of the loan?

 

If not, why would you want to give them this $5,000.00?

 

In other words, what is in it for me to do this?

 

It is my understanding that the reason for the action of "loan acceleration" is default on the repayment process.

 

A reasonable person would probably expect them to drop the acceleration if the loan is brought current providing you keep the loan current.

 

Unfortunately, we keep learning that you must be very specific with them

or they will extend the rope to hang you with again quite quickly.

 

Send the letter, pronto. 

 

It is my understanding that the payment of $5,000 made on (date)

cures the default and brings my loan current according to your representations.

 

Since the default no longer exists, the reason for foreclosure or loan

acceleration has been remedied and will not be pursued since my loan is current.

 

Something like that to get the guarantee you seek.

 

It would have been easier to do if you negotiated this before you sent the money.  Please make sure you know in advance what you get for your

money before you send it should something like this happen again. 

 

Do not trust these people to have your best interest at heart or to behave

reasonably. 

 

Do not give them reason to believe you are gullible or naive or they will

quite likely to try and exploit that impression to your disadvantage again and again.

 

Dee

 

 

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Arizona sure has a lot of info on line.

 

From what I saw, your HB 2844 died in June as the legislative session ended.

 

If I were you, I'd be looking to see who wrote it, who spsonsored it, how to contact them and determine who represents you.

 

Ask if there are any plans to reintroduce it in this session. 

 

Let them know in short how this would help you.

 

If your company isn't going to let you off the hook for the loan acceleration

after bringing the defaulted amount current ask them to intercede on your behalf.  Especially if you feel there was any misconduct on the part of the servicer in the repayment process.

 

I found the status of the bill on a Real Estate Investor site.  They reported it died and were damn happy about it.

 

While you work on your specific situation, it doesn't hurt to get involved

to help others or to support action that might not pay off immediately but rather in the long term.

 

You never know who you are going to meet and what action they might take on your behalf.

 

Dee

Quote 0 0
What you have almost certainly done by paying the bogus fees relating to a foreclosure claim. is validate homeqs claim that you forced them to initiate foreclosure because you had not paid your bills. Before you paid them they had no legal right to foreclose assuming the only claim they had to foreclosure was based on bogus claims. You may have opened the door for a non-judicial foreclosure and no longer have any of the standard foreclosure options available to you anymore. It may now be that they can almost immediately throw you out of your home and bypass your former rights to catch up on your payments and redemption periods and you may have even lost your right to contest the foreclosure and bogus fees in court , this is where the term non-judicial foreclosure comes in.

You will now have to act very aggressively and very quickly and will need a lawyer willing to take on a much harder case. What they have done is still technically illegal
but as I said you have validated or acknowledged their claims by paying them so its legal can of worms now.

I'm sorry for this turn of events but you can still win. You do not have an agreement
as to what the payment you made was to applied to so as Dee said its impossible at this point to determine what will happen next .One thing is for sure you should not wait and see what happens and hope they were just bluffing and they will change their mind because you were nice and did what they said. Keep in mind that if by law and/or your agreement you previously had lets say 3, 6, or 12 months to stay in your home you may very well now have only 30 days perhaps less there may be a law or clause for immediate possession.

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Ohio

greg collins wrote:
What you have almost certainly done by paying the bogus fees relating to a foreclosure claim. is validate homeqs claim that you forced them to initiate foreclosure because you had not paid your bills. Before you paid them they had no legal right to foreclose assuming the only claim they had to foreclosure was based on bogus claims. You may have opened the door for a non-judicial foreclosure and no longer have any of the standard foreclosure options available to you anymore.

With all due respect Mr. Collins I couldn't disagree more. Unless you are an attorney I do not think you should tell anyone what their legal rights are or what legal rights you claim have been forfeited through their actions.

 

Mitigation of ones damages is not an admission of guilt. Due process is a constitutional right we are all entitled to......that right does not hinge on any actions by a borrower who received a demand for payment and paid it. It doesn't hinge on whether bills have always been paid on time. It DOES however hinge on whether we choose to exercise these rights.

 

Non-judicial foreclosures CAN become a very judicial situation and I think TTP needs to get with an attorney or the legal aid office ASAP and get something filed. 

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It's good to make sure no bad advice is given here but I never claimed to be a lawyer.And in fact I have stressed to TTY to get a lawyer.

This is not a law and order T.V. show this is real life Ms fraud is illegal and unconstitutional in the first place. We are being denied justice and proper legal procedure that's the whole problem. I stated there is no way to know what is going to happen but that paying a bill with bogus charges will almost certainly be difficult to explain to a judge it's implied acceptance. These judges do not go over tons of evidence and the fine points of the law like at an OJ Simpson trail they want you in and out of their court room and most seem to heavily favor the lenders or servicers interests.

Homeq may very well have entered TTP into a forbearance agreement which allows them to shorten the foreclosure period often on the basis of missing one payment.

I was letting TTP know so TTP could get a lawyer asap and not just wait for Homeq to answer. From what I have seen and I have been fighting these crooks for over 5 years is that it the judges do assume you would not have paid bogus fees unless you owe them.

There is no sense in going over all the fine points of the law because none of us here know what the contractual agreement is for TTP's loan and as far as I know no one has looked up AZ law relevant to the case. I have had a hard time trying to find good AZ lawyers in the past many of us are boned up on CA, Texas, Florida, etc
but it has been difficult like I said to find AZ, help.

I'm not quite sure what it is you strongly disagree with since we have very few facts and very little to make a determination on but all of us here will keep trying to give TTP the best advise we can based on our experience.


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Ohio

Do you have a mortgage or a deed of trust?

 

Most "mortgages" in Arizona are actually deeds of trust. Get it out and read it and when you are done read it again. If there is something you don't understand you need to find out what it means.

 

Next you need to read up on Arizona statute regarding non-judicial foreclosure of a deed of trust.

 

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=33

scroll down to chapter 6.1

 

They can NOT just secretly sell your house. There are statutory requirements they must comply with. If they don't the sale can be vacated.

 

Now...this is very important...did you ever request an amount to reinstate the loan or did they ever give you an amount needed to reinstate the loan?

 

33-809D. "On written request from the trustor or any person entitled to notice pursuant to section 33-809, subsection B that is delivered to the trustee after the recording of the notice of trustee's sale, the trustee shall inform the person of the exact amount necessary to reinstate the trust deed, separately specifying costs, fees and any other amounts that are required to be paid as a condition to reinstatement of the trust deed. The trustee shall provide that information within five business days after receipt of the written request."

 

Was the $5k you paid recently for reinstatement?

 

33-809E. "If the trust deed is reinstated as provided in subsection B of this section, the trustee shall have a cancellation of the notice of sale recorded in the same county recorder's office where the notice of sale was recorded. A trustee who, for thirty days after reinstatement, fails to have proper notice of the cancellation of the notice of sale recorded is liable to the person who performed the conditions resulting in reinstatement for all actual damages resulting from such failure."

 

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Ohio

I'm not a veteran as most here are. I've only been living my saga for two years.

 

I know all about bogus fees. I paid enough in the span of 8 months that if applied right I shouldn't owe another mortgage payment until 2008. So I speak not of what I know naught of.

 

I've read a few Arizona Supreme Court court decisions/opinions and I do not get the impression this states court system is unfair.

 

http://www.supreme.state.az.us/opin/pdf2002/cv010246cq.pdf

 

this is an opinion that is relevant in part to how we would WANT a judge to think.

 

I'm sure the legal system IS corrupt here and there but I do not believe the entire system to be corrupt.

 

The part I disagreed with you most was the adamant way you told TTP NOT to pay what she was told to pay. Telling someone not to pay without knowing all the facts is a little reckless in my opinion.

 

TTP did the right thing by paying.

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Trying to Pay

Took a few days break to calm down.

 

I got them to fax me a letter stating my loan is in good standing, that the $5000 brought it to good standing ("reinstating your account to a current status"), and that foreclosure proceedings are being dismissed "at this time".  It wouldn't appear that I agreed to any new contract; I didn't sign anything nor verbalize anything to that affect.

 

I requested a mailed hardcopy of same letter; am waiting on it (it's only been a few days).  Was told that the foreclosing atty had to do whatever to stop the foreclosure paperwork (anyone know what that might be?). 

 

Just a bit ago we had some guy outside our house in a parked car who when confronted, said he was doing an investigation for our mtg company to see if we still lived here.  So no, I don't think they're done with us, don't trust that this is really over yet.

 

I've read my deed of trust and the state laws but it's all written so subjectively that my rights are difficult to understand.  Located two possible attorneys but honestly am not that crazy about either of them.

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Trying to Pay

Woohoo!  Found it.  Their atty has to file a cancellation of sale with the recorder's office.  I'll keep a look out for that too.

Quote 0 0
ds

the guy sitting outside your house was not doing "just an investigation" to see if you still lived there.

 

He was taking a picture of your home.

those are called B. P. O.'s means Brokers Price Opinion.

 

Those pictures are taken by a Realtor, with a digital camera, then they go back home or to office and upload the picture of your home onto the computer, and bingo bango, now your mortgage company has a recent picture of your home.

 

OK, now be on the look out for a charge for this service on your loan account.

Sometimes the mortgage company will tell you that this (the B.P.O.) but not usually. Some mortgage companies charge excessive fees, some only charge like $15.00 against your account.

 

Either way those fees can add up quickly if they do them often. And sometimes they do.

 

If it happens again you, wouldn't want to  cause a confrontation, as I'm sure they've had many before, and come prepared.

 

basically, all you can really do is let them do their job. and never give any info to them about your home. They are not there for you no matter what they say, they are there for the Mortgage company only.

 

BPO's are just another part of the entire scam.

 

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Now, on top of everything else, you have to double check your note and see if it even ALLOWS for you to be charged for BPOs. Not all of them do but unless you catch it they'll continue to charge for it - ask me how I know that  And even after you catch them at it they don't necessarily stop immediately. During a conversation with someone at the banking department one day he stops and says, "Hey, nice truck Mike!" Knowing that he'd never been to my house before I asked him what he was talking about. He proceeded to fax a copy of the BPO, complete with pictures, to me and sure enough...Legible right down to the house number and license plate on the truck.

 

And if you have anyone suspicious like that in the neighborhood again, snap your own pictures of them if you can, make note of all the particulars, (physical description, make model, year of vehicle etc) and notify your local police. Just because they SAY that they're working for your lender/note holder/ servicer etc doesn't mean a thing.

 

Put in a different perspective - someone's sitting outside of your home taking pictures of it. Do you have children?

 

Now, as a separate but also important issue - what company ordered the BPO and are they owned by or have any other affiliation with your lender/note holder/servicer?

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Mike Dillon
Oh... Drop me a line when you have a chance. I did some digging the other night and found an attorney listed in AZ who, based solely on his listed credentials and education, I'd want to have on my legal team right now.
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Ohio

TTP,  Glad to know things are simmering down and they have sent you that letter confirming reinstatement.

 

They have 30 days from the date you made the payment to file that cancellation notice.

 

33-809E. "If the trust deed is reinstated as provided in subsection B of this section, the trustee shall have a cancellation of the notice of sale recorded in the same county recorder's office where the notice of sale was recorded. A trustee who, for thirty days after reinstatement, fails to have proper notice of the cancellation of the notice of sale recorded is liable to the person who performed the conditions resulting in reinstatement for all actual damages resulting from such failure."

 

From here on out watch them like a hawk because as others have said they will surely try something again. Good Luck!!

Quote 0 0
amomma
Mike Dillon wrote:

Put in a different perspective - someone's sitting outside of your home taking pictures of it. Do you have children?

 

 

I couldn't help myself. That is a LOL statement!

and some great advice.

 

If I ever catch them taking pictures of my home. I will be sure to use this method.

 

This is the best method of attacking the Realtors.

In this fraud those days of turning the other cheek are NOW LONG OVER.

 

Ummm.... would that be considered harassment? LoL. Well, tis not a crime to protect thy children.

 

 

Quote 0 0

I answered you yesterday.  it seems that my post was delivered to the netherworld or somewhere or nowhere.

 

Generally speaking, I can't answer your question.

 

I don't know what was said or if there was any agreement between the parties.

 

I wish you had let us know in advance of the payment.  We could have

offered suggestions to pick from as you are the only one that has all

the facts and details concerning your mortgage.  And it should remain

that way.

 

Here is the way I would look at it before the payment was made.

 

What do I get for my $5,000?  Something?  Nothing?

 

If nothing, I would hesitate and figure out what I want to receive

in exchange for this money.

 

This is called quid pro quo.

You are dealing with a lawyer so they are familiar with this concept.

 

Main Entry: quid pro quo
Function: noun
Pronunciation: "kwid-"prO-'kwO
Etymology: New Latin, something for something
: something given or received for something else ; also : a deal arranging a quid pro quo

 

My guess would be that you want the following in return for the money.

 

For the servicer and or their attorney agrees to withdraw the loan acceleration for as long as your payments remain current.

 

If you were told they were referring your loan to the attorney to commence

foreclosure and or both then you would want the loan acceleration withdrawn

or cancelled out and you would want the same for the foreclosure threat.

 

Both of these remedies are meant to cure a default situation of your loan repayment.

 

If you didn't get an agreement beforehand?  Send a letter pronto.

 

It is my understanding that by sending you $5,000.00 that I have cured the default status of my loan.

 

Would you please send me a short letter advising that my loan is now

current and that the acceleration and or foreclosure actions have been

cancelled or the reasons have now been cured.

 

Something like that.

 

Sorry my post didn't get through.

 

If there is a next time, let us know in advance what you are going to do

so you can receive various points of view so that you can pick one

or none of the suggestions but you have at least considered your options.

 

I would have made a mini contract.  You get my money for withdrawing

the loan acceleration and or the foreclosure action.

 

It is important to cover all your bases with these people before they get their hands on your money.

 

Trying to do it afterwards may not work.  You've got nothing to bargain with now so you are coming from a weak position and they have to reason to negotiate with you.

 

Try to fix this situation right now by letter.

 

Dee

 


Quote 0 0

Ooops a typo.

 

They have no reason to negotiate with you now.

 

Conversely, your loan is current so you can make a ruckus as the reason for these actions have been cured by the $5,000.00

 

If you can get them to confirm your loan is now current?

 

Then you can request proof of the legal expense money included in that

$5,000.00.

 

Dee

Quote 0 0

Exactly DEE proof of what the payments were applied to, and positive proof the account is in good standing. I would check with the credit agencies and see what was reported to them too. You might want to check ripoff report too, I checked to see what Homeqs mo was and its pretty typical of most of the ms fraud crooks misapply the payments and box the borrower into the point where they can collect all the fees they want or foreclose. I'm glad there seems to be some breathing room for now.

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Fighting in Texas

Hi Dee,

 

I have been reading some of the postings here. I too have been fighting with my mortgage co. HomeQ Servicing since 1999. Many crazy things have happened. I have had my home for 22 years and I have never had to fight for it. I am currently in a District Court Pro Se against this company. This only comes after 3 unsucessful and unnecessary bankruptcies filed in an effort to protect our property. I have chosen to go Pro Se because during the first bankruptcy in 2001, I was very ill and unable to participate in the protection of our home. I guess I should give a little background. My father was an Attorney, mother a Paralegal and I am a Certified Paralegal, although I really have not used those skills since "93". In 1999, I became ill with panic disorder and agora phobia. I remained ill for a very long time. HomeQ had been messing with us in the same way as everyone else and then in 2000 after having my payments returned with notes that my loan was paid in full on several occassions and then foreclosure notices and other crazy actions, I finally gave up and stopped making payments (they were not applying my payments anyway they were stealing them for frivilous charges). For 14 months we did not hear a word from HomeQ. Then in 2001 another foreclosure notice. Because I was ill, my husband, after seeing an advertisement on tv and on advise from this same Attorney, filed bankruptcy to protect our home. Well to make a long story short, they did not do anything to help us. In fact we had fought hard for them to file an Objection to the Proof of Claim and show what HomeQ had done to us. Well not only did they lay down on that job, but they took an undisclosed payment from HomeQ. Then HomEq charged this to our account. This bankruptcy lasted for one year. By then I was getting better and had been able to return to work. I filed my own bankruptcy, Pro Se. During my investigation for my Objection to the Proof of Claim, I pulled my husbands file from his Attorney and found a copy of the payoff check from Homeq to his Attorney. I can not tell you how angry I was at that moment. We had been wronged by this company, trusted an Attorney who gave the wrong advise in the first place to help us fight them and they took a payoff. I think at that moment after all I had been through, I knew it would be me against them with no help. I did go to several Attorneys and I too believe this one in particular just looked at my proof to tell the opposing Attorney what I had.

He did not discourage me though. He told me he would take my case for $10,000.00 but that I would be bound by the bankruptcy court. He suggested that I take it to Civil Court which is what I have done. The one thing about me is that because of my back ground, I have always had a propensity for paper work. I have every receipt, every letter, every note, payhistories, everything. Although I knew what this co was doing was wrong, I did not have the knowledge or ability to process the actions effectively due to my illness. I also knew that one day I would be where I am today. I currently have to file a third party suit and I understand fully that I am taking a chance of losing my home, but I can not live in the torment any longer and if losing my home is what it takes to end this, then it is a chance I have to take. Every lawyer I went to had different advise. Not one of them wanted this case. And after reading the postings here I now understand better why they don't. After what I have been through if I could give one piece of advise, that would be to never give up, keep fighting no matter what it may come down to because these predatory lendors are not going to stop until you lose your home anyway so you might as well fight from the beginning. Get educated and keep good records. I would never file bankruptcy to protect my home. This will not work and will only cost you more money in the long run. Keep tract of your account and if you see something that feels wrong to you address it immediately and don't be afraid to fight back. My seven year fight with HomeQ has cost me everything already so I have nothing left to lose but a home I lost when I trusted them to finance my loan.

Quote 0 0
Burger King

 

Do you still have the letter saying you where paid in full?

 

I would find out who the top attorneys were for the servicer and send them a letter requesting a resolution to the problem. That's just what I would do not really advice or anything.

 

Good Luck!

 

BK

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fighting in texas

Yes I still have every piece of paper I received from them. I am past the point of resolution with these people, they broke a forebearance agreement with me, and have played dirty during two bankruptcies now the only thing left is to fight it out in court. Oh! I forgot to mention that this summer after I filed my suit, the company decided to offer to let me try to refinance my loan. They stated that they would remove the derogatory information from my credit so that I could get my house refinanced. This was in June. I knew that this would never happen but I went along anyway and began trying to refinance. In July I pulled a credit report and low and behold there sat an updated report from HomeQ and it was not good. Their lawyer acted like he did not know about this and that it was a honest mistake. Then he told me that I wouldnt had been able to refinance anyway because of the pay history. This is how you are dealt with and there is no resolving problems with them. So I am prepared for the long haul.

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I find it quite irregular for your attorney to receive a check from your opponent.  I am assuming you saw a copy of it?  Or original check?

 

Usually, there is some kind of explanation for what the check is for in the memo section of the check.

 

Don't tell us the exact amount of the check but if it is over $100

I'd want an explanation. 

 

If he participated in a depo for your case, he is entitled to be paid in some states.

 

What I am doing here is trying to get you to look a little deeper and rule

out every legitimate reason he might have had to receive a check.

 

If none exists and no response is made to your inquiry about the check,

then consider a complaint to your state bar association.  Be sure to

go on line and look for your state's info.  If this was for the bankruptcy

case, you'd look under those statutes to see what he is entitled to receive

reimbursement for his work from your opponent.

 

Sometimes, your attorney may have to send out a copy service under a subpoena to get your loan information.  Your attorney would be entitled

to reimbursement for this kind of expense as any info he requests for discovery is to be supplied.  It he has to subpoena them to get it, this would be a legitimate reason for him to have received a check from them.

 

If it was for something unusual, I have to wonder why he would put a copy in your file.

 

Accepting money on your case without a legitimate reason to do so, is a serious allegation.  Don't make it unless you have proof.

 

Mere suspicion is not proof.

 

Have you run a mortgage calculator to see what your loan payments and balances should look like v what they are alleging is the correct status of your loan payments and balances.

 

Run it from day one through conclusion.

 

Run it from day one through the day before the forbearance agreement

took effect.

 

Run it using the forbearance information.

 

It must be my karma.  I hate bean counting exercises.  Yet, I see that

bean counting is the primary focus to determine what should have been

paid v what has been paid. Print 2 copies.  One to write on and one to keep

it ready as evidence.

 

Eventhough yours is a bit complicated, you can do this.  Just plug in the right info and the computer does the rest.  Try the first one.  Put in the data

for the original planned payments from the beginning through to the ending date.

 

I have to say when I did that on my own loan, it instilled some power over

this wild west servicer for any mistake they made. I had a place to record

any conflicting financial transactions they made. 

 

Did the bankruptcy trustee do any work on the mortgage repayment process?  If so, what?

 

Keep looking for a lawyer if you can.  If not, then get your evidence in

perfect order. 

 

Keep fighting but at the same time, have a plan b in case the worst happens.

That is not negative thinking.  If you lose this case, what's next?

 

Dee

 

 

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fighting in Texas

Dee, thank you for responding, Since my father was an Attorney, no one knows the severity of making a claim like this against an Attorney. I actually received a copy of my Husbands file only after luckily receiving a file clerk. I can tell you from the look on the opposing Attorneys' face after I confronted him with the check in court during my bankruptcy, I know what this check represents. Even though, I had to really investigate and rule everything out before I would Amend my petition to the court to include this. I am no longer in Bankruptcy, when I found this check, I allowed the Bankruptcy to be dismissed and filed my complaint in District Court. There is no reason for this check, there is no accounting of it anywhere. The check was received after the confirmation of my husbands bankruptcy. You have to understand the incidences in this case to see where I stand. My husbands attorney helped cover up the fact that HomeQ gave us an address to where our Post-Petition payments where to be sent. I curriered the first two payments to this address. They filed default and stated that my payments had not been received. This address was an affiliate of HomeQ, Litton Loan Service. My husbands attorney gave us the message from HomeQ and the Address. No matter how I complained they refused to do anything about it. Instead they had us bring makeup payments to the hearing. Those makeup payments were given to the opposing attorney at the hearing. Those payments were withheld from our account for 42 days. Just long enough to get past the requirements of the default. We then had to pay these extra payments again an attorney fees to boot. HomeQ received two more defaults in less then four months due to this one incident and my husbands attorney telling us one thing and HomeQ claiming another. In June, unknown to us our Objection to HomeQs proof of claim was dismissed. We were never told this. Then in August his attorney forced us to accept their proof of claim telling us that if we did not accept it we would lose our home because the case was set to be confirmed in two days and would be dismissed. Relunctly we signed. In Sept another Default came over the same incident. They claimed we didnt pay all of the attorney fees. By this time my husbands attorney had asked for and received $4200.00 for doing nothing. Then I find a copy of a check from HomeQ made out to them for $500.00. They received this check after the comfirmation. Guess what! it isnt even in their accounting of our bill. They never went back and amended their request to reduce our debt to them. In our agreement with HomeQ they were supposed to reduce our proof of claim by $1450.00. Within 1 month they added $1825.24 in fees to our account. One of those fees is the check for $500.00 to my husbands lawyer. Now asked yourself what would you think. When I filed my complaint in district court I did not include the Attorney. I amended my complaint an added the check and other things. Now I need to know if I should include the Attorney as a defendant and how to go about this. I dont know if I should do this as a joinder or third party. Any suggestions.

  

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Fighting in Texas

Dee

One more note, I have a printout of Corporate Avances charged to my account between August and October of that year ater confirmation. After the $1450.00 was supposed to be credited to our account as agreed. The amount charged to my account was for 1825.24 It is broken down this way, their lawyer received about $1000.00, the $500.00 to our lawyer states that it is for Bankruptcy costs. and then inspection fees and other frivilous charges. By the way did you know that they use a company named Horizen to manage their forclosed properties. Well they received $100.00 of this money. Funny, my house hadnt been forclosed on. But their are many things wrong with our account. It is funny how we were never told that our Objection to the proof of claim had been dismissed. Now you know why they worked so hard to force us to accept the offer to take the 1450.00 off and be done with it.

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Gee! this message seems like a long time ago... Can't even begin to tell the things I have learned since I wrote this message. At that time, I had no idea how crooked all of this was, but have learned many new things. Though I still fight, it is for nothing I feel. A Ponzi scheme that will forever go on because there are not enough people who care to put a stop to it. People lose their homes, some who had them for many years, some like me.  I know that alot of people buy a home for the investment, I bought mine to live in the rest of my life and I raised four of my own kids and three homeless kids I had taken in when they were left without responsible parents.  I have always been a good person, I will always be a good person. No one and nothing can stop that. Do I think this world is fair? "NO", do I care anymore? "NO" I have let my fight against this corruption cost me my health and for what? "NOTHING". This scheme was set up to make sure if you fight against it you lose. If you go along, the most you will do is pro-long the inevidable because in the end; they will have it their way. They have to, it's the only way to keep it going to insure the people trusting them remains blind to the true facts. Do I believe I was duped, fraudulantly induced into a loan I never asked for? You bet! Do I believe anyone cares? No I don't, do I believe there are many involved in this scheme? I sure do, even those you can only wish you could trust.

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I know what you mean.  It seems like nobody does care that you have been
victimized by a Ponzi scheme.  No one to protect borrowers.  No lawyers
around with skills enough to do anything.

There is NO oversight and Texas might be the worst of them all.

Very few Judges demand proof from these servicers and they sure as heck
don't want to hear from borrowers.  We've been penned as lazy no good deadbeats that don't pay their bills or took out loans too large to pay back.

The kind of case that you have/had going is sadly to say typical.
There is another borrower in Texas that went through HELL and they
paid a ridiculous amount of attorney fees to get.  Far  more than the house was ever worth.  They did not own the paper on the house and never did.
How the heck did they ever get his house.  The attorneys for the servicer
pulled every trick in the unethical rule book as far as I can tell.

We are still not in the place where we get victory and or justice in courts.

Even if you lost your house, stick around.  Before they took your home,
they attempted to defraud you.  The minute they take the house, they
have completed the fraud.  Some borrowers are chasing that theory down to see if you can file suit and have a chance to prevail.

There is more evidence of fraud the securitization of mortgage loans.
Perhaps, you've read some of the material about BEAR STEARNS
and their hedge funds going broke and filing for bankruptcy.

This scam is just awful and puts a borrower in a terrible position because there is no provision in the law for them to seek refuge or justice.

Take a look at Mike Dillon's site.  His lawyer got him a temporary restraining order against a servicer from filing for foreclosure.  They, of course, initiated
foreclosure again without good cause.  So back to court.  The judge issued
a permanent restraining order from seeking foreclosure without asking for the  judge's agreement that the facts now support foreclosure.

As far as I have heard, this is the best resolution.  The servicer is on the defense and this judge is not just taking the servicers word.  The judge wants proof.

Anyway, I hope you'll stick around and see what floats out of all of this
lawsuits by investors.  They are screaming fraud and they want their money back.  Trouble is the loans have been leveraged like 70 times or so.

If we tried that, we'd be in jail.

Dee

 

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Once they have you targeted you need to stay off the phone. You need to send all correspondence in writing with cc to any one and every one you  can. We too are going through HomEq Servicing NIGHTMARES. It was suggusted to us that you need a paper trail. Any information or explaination you need from them should be in a formal letter and in the letter state that this is a formal "Qualified Written Request" demanding information on your account # Send it certified so you have confirmation and a signature so you know exactly when it was received. Be sure to send cc to yourself and lawyers and anyone else you need to. They told us that our two checks we electronically sent them by phone were "dishonored". Later, after reporting to the BBB and they responded, they said "account not found." First we heard of this. Origanially we were told our first check was "duplicated". All lies. They sent the second through even though they said the first check came back "account not found" on the first one. Also, it took 14 days for the first check to be returned (so they say) and 15 for the second one. Never once were we asked to verify our account number. Why does it take 15 days for an electronic check??? Something fishy!!!! We tried to call them to ask them for the account numbers we had listed. We were told they could not give us this information. We spoke to a woman named Roxanne and she got very nervous and started in on her script: HomEq is a debt collector. We are attempting to collect a debt. Wait a minute!!! Didn't we call YOU???? Why would they not give us the numbers if they wanted to straighten this mess out???

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Vicki Sitton wrote:
We spoke to a woman named Roxanne and she got very nervous and started in on her script: HomEq is a debt collector. We are attempting to collect a debt.

Debt Collection Miranda = start brushing up on FDCPA, FCRA, and logging any phone calls that may come in i.e. names, dates, phone #s etc. If I remember correctly, violations of FDCPA carry fines of between $200 and $1000 per incident. Keep building that paper trail. Sounds like you're going to need it. Start looking for a good consumer protection attorney if you haven't yet as well. Advanced search at http://www.martindale.com sometimes helps.
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4 justice now
Fighting in Texas, Since you are located in Texas, you may want to try contact Attorney, Robert Hilliard of Corpus Christi. I know he is about the only Attorney so far that has had the nads to take on Ocwen (another MS Fraudster) on the behalf of homeowners.

He has won a few multimillion dollar verdicts in the past against these scumbags. But actually obtaining a judgment and keeping, and then getting it satisfied is a whole new nightmare in itself.

IT'S SO VERY SAD THAT SOME PEOPLE HAVE DEGRADED INTO SUCH LOWLY LIFE FORMS, THAT THEY FEEL COMPELLED TO PREY UPON OTHERS IN SUCH DISGUSTING AND COWARDICE WAYS. THE ERBEYS & LITTONS ETC. OF THIS WORLD ARE SUCH A TOTAL DISGRACE TO THE HUMAN RACE. 


My Opinion.
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Good point, 4J...If I'm not mistaken, Atty. Hilliard is also representing Katrina victims for their insurance claims and has been making a lot of noise down in that part of the country for them.

The worst that anyone can ever tell you is "No." That being the case, never hesitate to pick up the phone and ask people questions. You'd be surprised who you may actually get to talk to....
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So I presume that Atty. Hilliard is known to this kind of business?

Foreclosure Lawyers

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