virginia dale wrote:
Dear Nye Lavell
I have been fighting The Money
Store/ Fairbanks Capital/
HomeQ Servicing/ since January 2000. I had to have hip replacement
Filed a chapter 7 to
Reduce my debts. I was only working part time as an auditor and was
To be self sufficient. I reaffirmed my home loan.(1999)
According to the National Consumer Law Center. "Surviving Debt"
Rights created since I had a non purchase money loan. The home
Contractor had to be
Sued for shoddy workmanship, and The Money Store paid them off any way,
(more special rights
Created according the NCLC, for a "non-purchase money loan"
I went to legal aid and was paid partially the money I spent on the
The roof repaired.
I contacted (NCLC) for their help and
They don't help consumers directly, only attorney and "advocates".
That would be you.
The second time I filed bankruptcy to save my home, it was because
Fairbanks Capital had
Tried to enforce my arrearage fees. And that was created by The Money
Store, dragging their
Feet . The Bankruptcy judge told Fairbanks , they had gotten a "pig in
Poke", because they
Knew I was in default and fighting it, and their assignment was a "pig
Poke". And they
Were not "holder in due course".
An assignee only attains holder-in-due-course
Thus avoids defenses the consumer raises (1) if
A negotiable instrument and meets the
Requirements of Article 3 of the UCC.
Legal aid, while not willing to represent me, because I was in a
13. Told me, that if
Fairbanks was not "holder -in-due-course"..........no one was. Despite
Me, over 20 days later, that they were the new servicers of my loan.
I raised this legal issue in my adversarial complaint to no avail.
I contacted NACA the same year. Homeq servicing was unresponsive. In
Fact, they were
Unresponsive to any and every agency that contacted them on my
Then the Housing
Information Office contacted them and United Services(2004). I was
To enter into an loan
Modification agreement in the spring of 2003, (587.000 they accepted the
Money given them
To bring me current and to start my payments of $329. Or so.
I sent them a deposit slip. And a check for the first "new payment"
Arrangement. They sent
It back to me. Despite accepting the monies from the agencies. Saying
Bankruptcy and they could not accept it. I was not , it had been
They kept the
Agency's money. And claimed there "was no loan modification signed and
In September 2003, a loss mitigation agent contacted me and said
When do you
Want your new payment schedule to start? I said, December, because I
Told, fees had
To be paid again. And I knew I had to get them from somewhere.
In October and November
I was contacted and a gentleman asked me how much did I want to sell my
I told him it was not for sale. He then advised me, that it was
Advertised to be
Auctioned on Jan. 9, 2004. I , pro-se filed a Chapter 13. To stop the
Homeq has been unreasonable and uncooperative, I filed bankruptcy. I
I have been diligent in timelines and filings. I filed an adversary
Complaint while paying
To the trustee each month. I contacted 29 attorney's. I even filed a
Motion with the judge
That, because I was indigent, an attorney could be appointed by him.
Too was ignored.
And rejected. I have followed your actions for NACA. And the
You have 'Power". Please--help me. The attorney's who would not or
Me, said, Missouri does not have any "anti-predatory lending laws".
Legal gems and sent me with "god speed". They definitely if they had any
Opinion at all said,
TRUTH IN LENDING VIOLATIONS, have occurred in my case. (accepting late
In the past)
Legal aid was allocated monies to help fight predatory lending here
First they told me, I was in a chapter 13. They could not help me. They
Do chapter 7. Two years later, I contacted them and they told me, I was
Zip code. They only helped people in certain Zip Codes. Then when I
This year. 2008. I was told, there were not enough attorney's to help
Not enough funds.
However, I was entitled to homestead exemption. Of $15,000.00. My
loan is only
$34, 085. But with all the excess and bogus fees, they have added, it
And this took away the exemption. Which would have made me only owe
Or so on the loan. I , fought this case through the Bankruptcy
The U.S. APPEALS COURT. According to them no laws have been broken
(all constituent services contact
And yes, I contacted my State Senators (Clair McCaskill,
Emmanual Cleaver(816-842-4545), Yvonne Wilson ((573-751-9758)
State Representatives--Yvonne Wilson, and Govenor Matt Blunt
Govenor Chris Bond (573-634-24850) and HUD in 2003, and the Federal
Trade Commission. In (2003). Laws have changed since then.
The Govenor said it was not a Federal Issue. My state rep and senator,
They are fighting and have introduced bills.
Please help me. What am I doing wrong? Who can stop me from being
I , am aware through my research , that I have a better leg to fight
am still in
The house, than if I am evicted or have non possession. I also contacted
NOW. They said, they could not help me. (email@example.com
I have been fighting Eight years. Spent countless dollars filing
and getting the transcripts,
traveling to seek some Help. The road has led me back to Bruce
I am handicapped and disabled from COPD -ASTHMA, and TYPE II DIABETES.
I can afford to make my mortgage payments, I just have not been given
Awaiting your response
Virginia Dale firstname.lastname@example.org