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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Steven,

Its unfortunate but the judges don't have to follow the law for some reason. Here in St. Louis at least that's what I've found. I've been thru hell and back to STAND UP FOR MYSELF and STANDING.

To me I've literally had my home stolen. I've come to the conclusion all Judges and Atty owe their loyalty to the courts and the banks they serve. I never believed this way until a few years ago.

I see with the area code for your tel # your here in the Stl metro area. You can try a chp 13 but will have to have some way to repay your debt. The judges think we're just trying to circumvent the 4/clsre process at any costs. Hence the steam rolling any rights we have.

On various posts I've gone over what I consider a horiffic story as well. I haven't tried to be a deadbeat and dislike anyone trying to categorize me this way.

Especially, when up until termination of my employment I always represented the likes of Citi and Chase in a professional manner. Until I found out the company I worked for never had it in their contract to sell mortgage notes for Chase.

I found this out after 2.5 yrs on the job. That they lied from day one. So had they never told me they had the right to sell the notes I would of never been selling them to begin with. Anyway, I didn't know who to believe. The people who always paid me but encouraged me to break the law.Or the new investor who claimed how much I could make if I worked with her p/t.

Cause I can't tell you how many times I'd be told the client placed the account here. They know its here now collect it....Now I usually did ok in collecting. I say this because my accounts were already in a charged off position. I was told I could take as little as $5,000 if I couldn't get the homeowner to pay. They obviously have a hard time believing me. I've made a judge recant her previous denials to have my case pretty much what I would say put in the trashcan for trying to stand up for HONESTY AND FAIRNESS IN OUR COURTS. For not only myself but any homewner I've ever talked to.

To me the only chance we have at help anymore is if we do something life threatening to another indivdiual. Otherwise there is no help.  In 1997 I suffered a life altering event. I was in an auto accident that reinjured a previous ruptured disc. The amount I made from this event was $10k. Not enough to substaniuate the damage I had did to me. They claim this was because I'd already had an operation on my back. To me this is just absolute hogwash. But I live in a reinjured status bcuz I fear another operation after already having one and my walking again capability worsens with every operation. The pain the last few years has become unbearable. But I choose to live. And know one day I'll find an employer whose honest.


I fear doing mods or helping anyone at this point because of the way my own case has worked out. But know the ropes well.  The mods their offering are mostly crap. However, there was an excellent read posted here yesterday concerning the Hamp program your mentioning. I believe here in StL your going to have a hard time finding help. I know I have.


If you can find an atty that understands the Hamp program it may help. It'll also help if your receiving any type of disability income or such. Or have some type of an idea how you can attempt to make things go in the future.As far as referring you to out of town help forget it. I've been calling locally and nationally. We've been had for the most part.

Although, I know there was a case posted here recently from California that has been mentioned well that recevied a TRO with the correct legalese that mine lacked when I did mine. Maybe you could figure out a way to get that one and outline it to follow MO law and see if Judge Jackson or Shaw get it and give you a decent shot or not.

But I'm not sure how that should work either. My issues started prior to bk.  I filed bk and have had problems. But I've tried to keep mine in the fed court. So with their recusals and kicks to the corrupt judge scenario I'm about lost without proper help. But know this business better and worse than some and can tell you I'm not the only one saying things like this.

It seems some of the good rulings are coming out of the  N. Eastern states-like NY, MA, PA, FL, ...Nothing here I've found. But I've found evidence of what I could think be theft of homes by the Sr. Dist Court bk judge here. Then the chp 13 trustee didn't do anything like he was suppose to in my case. Then in a similar case did. Then ended up pretty much misleading the homeowner for the correct amt needed to stop the 4/clsre...She wrote a nice letter to the court documenting this.

In my case Citi put in a Proof of Claim to be paid. The endorsement isn't dated. They have 10 possible names to be paid under their umbrella for my one note. So this means the judge let them off without showing the original or proper presentation of endorsements.  This goes along with a blank assignment provided by my 2nd lienholder. While the judge made it to where they wouldn't be paid within the bk, he did nothing to rectify them trying to wrongfully trying to foreclose on me. Or anything about how the future of this debt should be handled.  Blantly pretty much I feel this judge is guilty of losing his jurisdiction and of treason. Judge Jackson and Shaw must of had these same suspicions  or else they wouldn't of recused. While I don't know what they put out there for review the Defendandts...The Judge and State Atty has done nothing but judge shopped until they found what I think is a nother corrupt judge.The fine for a false proof of claim is  $500,000 or 5 yrs in jail or both.   

After the loans are originated and assigned the note should have an allonge that shows the proper parties involved in ownership at what given time. If they have no proper assignment it should have no standing. None of this certificate crap I see them trying to put in. 

There's some really good cases going on that need to be mentioned in these things. Some how if they would just streamline their recording methods you may stop some Corrupt Individuals if they were forced to follow the Laws that are there.    

With the way things are done at the county then onto the state and then the fed level if the documents we're reviewable accurately there wouldn't be so many problems. Citi in fact has made their actions questionable all on their own in one of these cases I found. Without the homeowner even knowing the issues surrounding anything. The attys in St. Louis aren't following the law. At the judges endorsement. He actually dissuades the attorneys in following the law. My case is a perfect example of this. There's a few others as well.


I live in a really p/o status bcuz of the way things have turned out. I use to wonder about what life would be like not talking to people who had no money. Now that I know people with money I'm still screwed. They can get by with what I consider anymore a financial raping. It doesn't matter the amount of money someone may have to spend. The banks can come up with any reason not to do proper business. Not enough money to spend  or trying to make money from something once they sell it. Good game I guess. There's some of us that won't give up though. Of the millions of people trying to make a difference, who still has a chance at life, with a chance to make someone elses life a better day, besides my own  I feel I should be heard.
I know I will be heard soon enough...I've yet been killed so I'll keep on going like the energizer...

They can't cover their tracks...their all over the place.


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Sara
Well, I am still waiting Larry...  Your company was supposed to renegotiate my loan, ummm...5 months ago!

I guess Larry and his "wonderful" staff have been slightly busy (cough, cough).

S
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Litton Loan Services is the worse mortgage company I have ever dealt with.. no one in their customer service department knows what is going on.. they transfer me to everyone but the right person... I have been threaten with foreclosure because they messed up sending me a letter stating my payments went down. When I mailed them the new payment amounts they rushed to put my home in foreclosure because payments were not made per the orginal agreement - I had to go to Bethal Housing in Detroit to assist in preventing my home from foreclosure, they told my counsler one thing and turned around and told me another... they were to add my taxes, home insurance etc on to my monthy payment and changed the story stating it's my responsiblity... there are so many of us who has suffered because of their ignorance and unprofessionalism it puzzles me that no one out there has come forward to help fight the fight... They are not that big we cannot get to the bottom of their scam...  Can someone tell me how I can get on this wagon and help fight the cause... The more people the better...


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Vince
WTG Gary!, could you please tell me who Mr. Tompkins is? Thanks, Vinny.
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Sara
Mr. Tompkins???  I didn't deal with anyone by that name...

Oh Gary, karma is a mofo and you intend to see them get what's coming to them!  And yes, they do deserve it!!!


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Sara
Well, I thought my little friends (at Litton) and I had a new understanding...apparently, they didn't understand.  Now, it's time we play a new game and it won't be a pleasant one for them!

Now, they sent me an escrow shortage reply (which they state is not a bill) of over $1200.  WTF???  I have paid my own taxes and insurance!!!  I guess, it is time to call out the cavalry (local news media) and show them the receipts.

Our local news had a field day with BOA and the overdraft charges they pulled on one guy.  I am sure they will have lots of fun with these people.

S
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Well, I too have joined you all with being completely fed up with Litton.  I had to take a pay cut at my job last year and was struggling to make ends meet.  In November I filled out all the paper work and applied for the loan modification program through Litton.  I was put on the "3 month Trial Period", as most of you are aware, I'm sure.  It has now been almost 6 months and I keep getting the same run around from Litton.

I sent in every piece of information they requested.  I mailed hard copies and also faxed everything to the number they provided to help expedite the process.  I called the first month to inquire about the status.  I was told my information had been given to an account manager who would be reviewing it.  The process would take about 60days.  I called again the next month, same answer.  I then called on the third month and was told I had not submitted the required documentation and that the account manager could not review my information until everything was submitted.  I told them that I had submitted everything but the person on the phone said that they were missing some documents. 

So.. I got the documents together and faxed them again.  I called 5days later (because the person on the phone told me it would take up to 5 days for them to receive my fax and for it to get to the account manager, why, I don't know?).  The person on the phone tells me they still did not receive my documents.  I faxed them again, this time putting my loan number on the top of each document as the person on the phone instructed me to.  I also put a hard copy in the mail.  I called 5days later and they say they still did not receive my fax or my hard copies.  This time the person on the phone claimed that something must be wrong with my fax machine.  So, I had a friend fax the documents from her work office (they use their fax probably a hundred times a day, so I know it works).  I call back, still haven't received the documents.  This time I ask if I can fax to a different number.  The lady on the phone stays on the phone with me while I fax from my work to her personal fax machine.  She verifies for me that the fax went through, she got all my documents and will be sending them to the account manager.  Phew, finally, I'm getting somewhere.

Nope, I was wrong.  I call back in a week and my account still says I'm missing documents.  I begin to get annoyed.  I recount for the person on the phone how many times I've faxed and sent the documents.  I verify that I'm sending to the write fax number and the write address.  Everything checks out but for some reason my documents are not there.  Even the person that had me fax to her personal fax machine has put a note on the account that the documents were received, but for some reason the account manager says they have not been.  I ask to talk to a manager.  They tell me that is a separate department and they do not forward calls to the account managers.  I ask to talk to her manager and she forwards me to a person who sends me right to voicemail.  I leave a very clear, not mean or irate, voice mail explaining the situation.  I leave my number 3 times for clarity.  Of course, no call back.  And now, just yesterday, I got a letter in the mail from Litton that states I have not submitted yet another document that they need.  This is complete BS.

I am completely fed up with these people.  They are clearly stalling to try to get me to pay my "Trial Period" payment for as long as I can before I run out of money and cannot pay at all anymore.  Then they can foreclose on me.  I think this is BS.  I will be contacting everyone and anyone I can, local news, local government, state government, federal government, lawyers.  Anyone I can.  And for any of you out there with a similar situation, check out the website youwalkaway.com.  I will also be contacting these people.  If Litton wants my house so bad, they might just get it.  I don't understand how a company refuses to work with someone who has stated they clearly want to keep the house, will be more than happy to pay the payments, will follow the rules.... it's mind boggling.  I don't even want the modification anymore, but I'll bet they won't be willing to do that either.

 

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Im not sure what state your in , but in ny we have mandatory settlement conferences here.  Let the house go into foreclosure and start to fight them.  They will then start your loan mod with the loss mitigation dept.  I have been going through this with litton and just got a in-house mod from them.  It isnt the best term but they waived 26K in interest and only added 10k to the balance of the loan, and 7.5K of the 10k was escrow shortage.

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Knows Litton
Rob, I guess they are waiting for you to deliver it in person

I would send one more out by certified, return receipt mail and also make a copy of it with all the transmission slips from each failed attempt.  Then take all this to the county offices and have it put on the official record.  This way the judge will have all the info at his fingertips when you go into your foreclosure court date.  Sorry bud but this is what is in your future.
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DyingTruth

EVERYONE STOP TRYING TO GET LOAN MODIFICATIONS! IT IS A FRAUD, FOR THOSE OF YOU THAT DID FLIP THROUGH THE AGREEMENT YOU SIGNED, FIND THE PART WHERE IT SAYS "I REALEASE ALL RIGHTS AND CLAIMS I MAY HAVE" THEN WRITE LITTON CERTIFIED TELLING THEM YOU ARE REVOKING THE AGREEMENT BECAUSE IT'S MISLEADING AND CONFLICTS WITH THE OTHER OBLIGATIONS THEY HAVE  

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http://www.mattweidnerlaw.com

BEWARE OF LOAN MODIFICATION - A FANSTACTIC ADMISSION FROM A COLLECTION/PLAINTIFF'S ATTORNEY
you’re an attorney or other advocate involved in defending homeowners or consumers, you should be acutely aware of the difficulties lenders or creditors face in trying to obtain foreclosure or judgments that entitle them to collect the debts.  The bottom line is that in the vast majority of cases,

Plaintiffs trying to foreclose or collect debts have absolutely no admissible evidence that a court could use t0 grant them a judgment.

This is so important I want to state it again.

Plaintiffs trying to foreclose or collect debts have absolutely no admissible evidence that a court could use t0 grant them a judgment.

If you don’t believe me, please read the following excerpt of an article that was written by a prominent Plaintiff’s debt collection attorney:

All of us know it is more difficult to collect purchased debt than originated debt by using the traditional legal collection
approach. The difficulties from a lawyer’s perspective lie mainly in problems of proof. A creditor that originates debt has
access to the documentation that courts require attorneys to introduce as evidence in order to obtain a judgment. Many debt
purchasers either do not have access to the source documents or can only obtain those documents at great cost. How then can
debt purchasers utilize the court system to collect debts that are legally due and valid? Ken Gelhaus reports that in New York
the problems of collecting on purchased debt have increased greatly in the last year. At one time in New York, court clerks
entered a default judgment on claims for “sums certain” without running the papers past a judge for review and signature. In
recent months, however, clerks are refusing to do so and requiring that a judge’s order granting default judgment be obtained.

The Full Article Can Be Found here

I wanted to emphasize that last paragraph for you.  That paragraph is a stunning admission that reflects what is still happening in foreclosure courts and other courtrooms all across the country.

COURTS CONTINUE TO GRANT SUMMARY JUDGMENT IN FORECLOSURE AND COLLECTIONS CASES WHEN THEY HAVE NOT A SINGLE PIECE OF ADMISSABLE EVIDENCE TO SUPPORT THE GRANT OF SUMMARY JUDGMENT.

I’ve examined thousands of affidavits to support foreclosure and I’ve seen very few that meet the most basic evidentiary basis to support summary judgment.  Some of the reasons are identified in the article described above, but there are others.  The bottom line is and let me state it again….

COURTS CONTINUE TO GRANT SUMMARY JUDGMENT IN FORECLOSURE AND COLLECTIONS CASES WHEN THEY HAVE NOT A SINGLE PIECE OF ADMISSABLE EVIDENCE TO SUPPORT THE GRANT OF SUMMARY JUDGMENT.

Some judges now get it and are starting to do something about it.  To refresh your memory, please review this recent post which details an article that appeared in the Wall Street Journal.  Importantly, take a moment to read this transcript from a hearing in front of Pinellas Judge Anthony Rondolino.  Note that this learned and experienced trial judge performed extensive research on the subject and essentially confirmed the serious problems Plaintiffs face in trying to obtain summary judgment.

Finally, I attach here a detailed Motion to Strike Affidavit that I have filed in a case which, in great detail, describes why the affidavits submitted in foreclosure cases are legally insufficient.  So what’s a crafty Plaintiff’s attorney or lender to do?  Well, right now they’re just trying to push through as many foreclosures as they can before more judges catch on to what judges in this circuit have learned.  But when courts finally shut down this evidentiary farce that’s occurring all across the country, they’re going to resort to other means….which brings us to the last exhibit in this post.

BEWARE OF ALL MODIFICATIONS!

Most mortgage modifications do very little, if anything to benefit the homeowner.  What they do accomplish however, in many cases, is the solve the Plaintiff’s very difficult evidentiary challenges. Remember the article above and how it details the challenges Plaintiff’s face in proving their foreclosure case.  The way they will seek to overcome these challenges is to enter the modifications or novation agreements as the proof they need to win their case…

And there you have it folks, that’s how the lenders will get their unwinnable case won!


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Hi Guys:

It is mind boggling that Litton is still wheeling it's political power at the local and state levels.  Although, Litton's political power at the federal level soon hopefully will be lessening. 

Even though, they received millions of dollars of "TARP" funding through Goldman Sachs!  Litton is still able to engage in bold fraud and are allowed to refuse modifying loans using such lame excuses such as, "We don't have all of your paperwork" or We don't know who the Investor(s) are or "We are still waiting to hear from the "Investors".  

Especially, with all of the financial fraud in the news media about Goldman Sachs, Bear Stearns, Lehman and Washington Mutual Bank who have all given testimony in front of the Senate, U. S. House and testimony in front of  the newly created Financial Crisis Inquiry Commission regarding fraud and also securitization fraud.

Believe me, I have done my part to speak out about them  by calling in on talk shows and filing court filings all the way up to the Court of Appeals.

I will put together a tape of all my comments and questions regarding Goldman Sachs, Washington Mutual Bank, Litton, U. S. Bank, NA,  FTC and the OCC. 

On (1) one occasion, when I mentioned the "Mortgage Servicing Fraud Forum", I was not able to say all of the information I wanted to about the FTC. 

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I am in the midst of battling Litton Loan. The unfortunate thing is that I am not versed in the banking and mortgage language, so I have to make it plain and keep it in laymen's terms. Here's a copy of what I submitted as a complaint to SIGTARP and other agencies. Any, any info you can offer will be greatly appreciated.

COMPLAINT:
I am self-employed and the state of the economy began to affect my business substantially in 2009. By the fall (September) of 2009, I began to evaluate my financial situation. In an attempt to find viable solutions and remain a responsible steward with regard to my monthly bills, I began to examine payment arrangements and other options to maintain financially, during this downturn.

With regard to my mortgage, the loan that originated with Wilmington Financial, was sold to another mortgager, but was being managed and serviced by a company, Litton Loan Servicing, LLP, whom I had been paying monthly payments of $1,874.40 on time and in full every month, since the loan was sold shortly after purchasing my home in 2007. I would like to emphasize that my payments were never late, and I was not delinquent or in a position of default when I contacted them. I went to the website to research payment options and/or programs that would assist me and help me maintain my good standing with my mortgage company and retain ownership of my home.

Litton Loan offered a loan modification program along with the promise of other assistance if the loan modification was not approved. I completed the hardship affidavit and submitted all of the supporting documentation required and requested as outlined in the submission instructions. I was contacted fairly immediately and entered into what they called a "trial" modification program which decreased my monthly payment to $726.05 per month while the modification was being assessed.

I made interim check-in contact with them and made the monthly "trial" payments on time and in full every month. I began to discover that they kept claiming that documents were missing or they never received documents that were faxed over and over to them. Their system for submitting documents was via a fax machine. Once I realized how flawed that was, I began submitting and keeping record of every fax sent to them, since I was sending them via electronic fax from my computer. Again, still with the desire to comply with the terms of their "trial" modification, I submitted every document requested, some many times, while I continued to pay the trial amount assigned.

The trial modification process was instituted for 3 months, as specified by Litton Loan, as the third month approached; I contacted them to check on the status and was told that documents were missing again. I then inquired as to why I wasn't contacted about missing document(s), especially after submitting what was required, checking to ensure all was received and was told that all the documents were submitted. Nevertheless, I sent what was required. I also inquired about the 3-month trial period as we were approaching month number four. I was instructed to keep making the "trial" paymens, so I then inquired as to what would happen, if the loan modification was not approved. I was told by one of the customer service reps that if the loan modification was not approved, they had other programs that I would qualify for that would assist me, or worse case scenario, they would tack on the owed amount to the end of the loan.

At month number 6, I received a certified letter, as well as regular first class mail informing me that I was declined for the loan modification and that I was now in default of my loan and if ~ $7,616 was not submitted by May 30, they would accelerate foreclosure proceedings. I was taken aback because all in the same day, I was informed of the decline if the modification with a reason that was unclear and very much confusing to me, the consumer, but in the same notification, I was declared "in default" and a clear threat of foreclosure was the primary communication of that particular correspondence.

I immediately contacted Litton Loan, and the representative on the phone was very rude. She informed me that I didn't qualify for anything and recommended that I contact a realtor and put my home up for short sale. This really took me by surprise, because there was no cooperation with regard to a discussion of how to get out of default and even more prevalent was the reluctance to even discuss other possible solutions. The loan modification program was cloaked under the pretense of "aiding the consumer", but it did the opposite. It actually forced me into default and the threat of losing my home.

I took a closer look at the situation only to discover that they contacted me once I was in default (more than 3 payments behind, at total of 6 months on the program). I would not have participated in this program or would have pulled out because I was not in default or behind when I initially inquired. As a matter of fact, you can't be behind in order to even qualify for the modification assessment.

I'm sure that the program instituted by the President was put in place to assist the people, but the evidence of that was not apparent based on my experience with Litton Loan. Once I realized that the program was not being used to assist homeowners, but to force homeowners into default, I began to do some further inquiry and investigation into the company. Here is what I've learned/done thus far:

1.      I went online and the first and primary messages was the fraud, deception and scandal associated with this company (Litton Loan), so I began to read the consumer stories and the numerous instances of families being uprooted from their homes as well as the hopelessness now being created in the hearts and minds of Americans who lost their homes by no fault of their own. I also saw the number of attempts at class action suits to defend the rights of the "people", but I didn't sense that they were having much success.
2.      Litton Loan is not a mortgage company, but a servicing company, a subsidiary, owned by Goldman Sachs.
3.      I looked at my transaction activity online as well as the payment coupons send during the trial modification which shows "escrow account" activity, but I pay my own taxes and insurance, so I'm not sure what that is about
4.      I contacted an attorney, who recommended that I start with a visit to INHP (a local agency to assist me with keeping my home) and file a complaint with your agency.
5.      I sent a certified letter requesting all of my documents and paperwork that exist on by behalf. The receipt has been returned and they are in receipt of the request. I have not heard back from them, no response, no follow-up.
6.       I've contacted a few who have fought for their homes with this same company and those who have fought on the behalf of others.


Since receipt of the decline and threat of foreclosure just short of 2 weeks ago last Tuesday, I have received phone calls and mail (most insisting that I short sale my home). I will not be bullied or harassed, and I am not ignorant to my options. I am a working tax paying citizen, who did not enter into this program in default or in arrears. I wanted to do what was honorable and maintain integrity in stewardship, and as a result I am now fighting to keep my investment.


I WILL NOT LOST MY HOME. My reason for contacting you is to ask this question, "How do we stop these kinds of practices and prevent unsuspecting consumers from being defrauded, scammed, deceived, harassed, and oppressed by large corporations who abuse the system and cause consumers' great loss and heartache, rendering them homeless under the guise of assistance and losing homes and lives that they have invested in for decades in some cases. Is this the American dream?

Any and all assistance you may offer will be greatly appreciated personally and greatly rewarded within the consumer community and in the name of justice.




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Sara
A company can put whatever clause they want on a document or mortgage paper.  That doesn't make it legal!  It really depends again on the state laws in which the property resides.  Oh...and how knitpicky or the mood of the presiding judge.

S
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Tracy Kania wrote:
I have had the VERY SAME experiences with Litton - I feel like I have hit a goldmind finding out that it's not me!   Now what?  Do I walk away from the home I have created for my family?
This is the letter I wrote -

I have searched high and low to talk to someone who will listen to me.  I have been told that my mortgage is held by the investors WMMSC.  Through my research, I realized it is still WAMU.  However, when talking with a WAMU service rep, she said that WMMSC has nothing to do with WAMU.
 
I write to you out of desperation.  I have written the following letter in hopes of saving my home.  I am a believer that at some point in my life, I deserve a break.  I am a giving, caring person.    If you can find it in your heart to PLEASE help someone who cares about their home, family and community, please help us!  
 
At this time, I write to you searching for guidance with our mortgage crisis.  We have lived in our current home for 6 years and was able to put 20% down on a $399,000 home.  At that time, my husband owned his own excavating company and I was/am a special education teacher in Plainfield, IL.  When the housing market began to decline, my husbands company was not receiving it's payout's from the builders for work completed, therefore, he was unable to keep his company running.  He was able to pick up concrete & excavating work for other companies until the market crashed and no one had work.  Most concrete/excavating companies that are still running have only the owners working and are not hiring.  When we knew we were running into trouble paying our mortgage, we contacted our Mortgage Co., WAMU.  We were told to fill out the loss mitigation paperwork, submit it to them and they would get back to us.  We did just that and waited and waited,etc... - We would contact WAMU and they would say we did not submit something or they needed more recent information, always the run around and never the same answer to the same question.  We worked with 1-800-HOPE.  They wrote a letter on our behalf to WAMU and WAMU said they would be able to work something out with our loan. At the time we were 2 months behind on our mortgage and they would not take partial payment.  Either we had to pay 100% of the past due amount or they would not accept anything. Litton Loan servicing then took over our loan.  Again, we contacted them to make them aware of our financial crisis and requested assistance.  Filled out the mitigation paperwork for Litton and again, waited.  Now we are at Spring of 2009 and my first letter was written in December of 2007.  We submitted paperwork for a loan workout based on the Presidents "Home Affordable Plan".  We recieved 3 different answers after submitting that paperwork.  #1 is they have 14 days to review the information we submitted.  #2 is they have 60 days to review our paperwork and they will get back to us.  #3 is Litton Loan is not currently offering the HAP because the guidelines have not been clearly defined.  We are told our "casemanager" from Litton is Michael Height, we have left messages for him and they are not returned. 
 
Our last effort is working with the Joseph Corporation in Aurora.  While our counselor has been very helpful, she too is receiving different answers then I am when talking to our mortgage company. 
 
Litton asked if we could pay the past due amount and re-instate the loan.  We owe $48,000 in past due payments.  If we had the money, we would not be asking for a loan modification.  They asked if we could refinance.  Who will refinance a couple who both have filled bankruptcy in the past 4 years and have been unable to make full mortgage payments? 
 
At this time, we have our utilities, car insurance,my student loan, food, gas and misc. expenses.  We don't understand WHY there are modifications being offered, but not to us.  I have the documentation of all of my communication with WAMU & Litton asking for help, asking for a modification on our home loan.  If we could sign a paper stated we would NEVER move, we would.  We love our home, we are proud of our home, we are up standing citizens. 
 
If Litton would consider, extend our loan to 40 years, putting the past due amount on the end of our loan, reduced interest on our mortgage to reduce our monthly payments.  We want to work with them in good faith.  I feel like we are fighting tooth and nail to keep our home.  There are SO many others in situations similar to ours.  If a modification plan was arranged based on my income, I know it would be paid.  I have tenure in my district.  John may be able to pick up odd jobs here and there, but nothing we can count on.  When the housing market picks up again, we are confident he will be able to regain full time employment.  In the meantime, we do not want to lose everything we have worked for,up root our 2 children and create insecurity in their lives.  The stress this is causing in my life is making me BEG for our home.  PLEASE help!
 
I apologize for the long winded email.  I feel like I tell my story over and over and it falls on deaf ears.  I can't give up.  With all the houses in foreclosure, why wouldn't they be willing to accept a modification and receive money toward the mortgage rather then have another house sit empty.  We thought the Home Affordable Plan was created for families like us; decline in income, job loss, etc.. -  How can it be offered to some and not to others?  How can some mortgage companies offer it and others not? 
 
If there is anyone you know I can talk to, meet with, send my information to, ANYTHING - I don't want my family to lose their home. 
 
Thank you in advance for taking the time to read this email.  I look forward to hearing from you.
 
Cordially,
 
Tracy J. Kania
 
*** So far, nothing -  Even our counselor that is assisting us feels that we are fighting a losing battle -  How can this be? 
 
If anyone has had ANY success, please, please let me know!  Our house is set to be sold on Aug. 10 2009.  
 
 
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