Well I know you are all about mortgage servicing fraud and I'm not litigating that issue that is why I wondered if you knew another group that deals with like loan orgination fraud for pro se people.
Anyway, here is one of my questions.
When figuring out what to list for damages how do you decide what was paid. In some causes of action like for TILA, you get what was paid returned to you.
What I'm wondering is this:
Say the loan was for $300,000.00
Paid for six years.
Last year got behind, foreclosure filed, I filed chapter 13 and paid on plan for about four months and lender got relief from stay cause no equity in home they say and court agreed.
Well, anyway, the lender had run up a whole bunch of late fees, penalties, attorney fees and so on.
So do I add up what was actually paid out of my pocket or do I include all the equity stolen with attorney fees and foreclosure costs?
Just ask and you may find your answer right under your nose.
I have found this forum the best everyone is very helpful here. So just ask your questions about your situation and you may find what you are looking for here.
You need to let everyone know what your situation is and you may find your first step.
Ken there is little doubt in my mind you were likely taken advantage of to some degree. That’s the way mortgage fraud works at both the lending and servicing levels. But I need to tell you a few things that you may not want to hear:
* The reason virtually all judges don’t like pro se litigants is because the Judge is then quite unfairly put in the position of doing the work and research a hired attorney would otherwise normally perform. Pro se litigants almost always mean more work for the Judge and a higher likelihood of trial errors. (A chance of a reversal as well) HOWEVER without exception Judges in every state give stern warnings to Pro Se litigants as to the hazards they face and the extreme disadvantages they will encounter before, during and after their trial if they chose represent themselves.
* You have already been through several important formal legal barriers none of which helped your position: Foreclosure, Bankruptcy Chapter 13, Falling behind on payments, and the Court ruling in favor of the lender with regard to a “Relief from Stay” ruling. Ken each step of the way your ultimate fate was likely structured in a one-sided ironclad legally air tight fashion. Take a look at your bankruptcy and your extension of payments agreements. These were documents containing RELEASES you agreed to and signed!!
* As for your question, “So do I add up what was actually paid out of my pocket or do I include all the equity stolen with attorney fees and foreclosure costs?” The answer put bluntly is that you are wasting your time on this angle based on what I’ve read. Same goes for your “stress” angle. These things can be litigated okay but in your case based on the 4 legal barriers you have already been through; it’s a dreadful waste of time, money and even more deeply frustrating stress followed by a good stiff dose of lost hope.
* Your cost to pursue this truly miserable case in lost time away from earning productive wages (which were instead pumped into travel time, considerable research, and time in Court) will be your greatest “expense.” Next comes about $1,500 in court costs and filing fees and a “Court Reporter” which few pro se litigants can justify.
* YOU ALSO EXPOSE YOURSELF AND YOUR FAMILY TO CROSS ACTION.