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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tired and tattered

I have the weirdest message on my answering machine. Someone left a message saying that he has some important information regarding our property, that we may not know about he left a name and number and asked us to please call him. Has anyone else had such a phone call besides us? It is truely getting kind of scary.

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tired and tattered

Here is the phone number that he left 561-509-4282. It is a cell phone. We get between 3 and 6 calls a week telling us that we may qualify for  a modification. We never answer any of them. We are well aware there are way too many vultures out there.

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Ed
Its prepaid legal services salesperson.
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tired and tattered

Did you call it Ed?

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Sara
Once you have been served with a Lis Pendens, you will be on every possible list out there.  I wouldn't doubt your name and address is sold to every creep on the face of this Earth.

Just ignore the calls and letters.

S
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O -

I get a lot of them kind of calls, just telemarketer I bet.

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tired and tattered

We have actually been living in our house for a year since we surrendered our home. We have not been served any papers as of yet. We live in Illinois. We had HomEq and Homecomings. We filed BK over 2 years ago and a year ago we decided to go ahead and give up the house. We have no money to fight this and we just want to have a simple life without the battles. We ar living here mortgage free for the past year and trying to find a place that will let us move in since we now have lousy credit and are having a hard time getting a place. Not to mention the BK. We have not even been served any kind of papers. I'm not complaining. We are trying to save some money to move. And yes, we do cut our grass.

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Sara
T&T:

I so feel for you in this situation.  But let me get something across to you from the get-go.

First of all, you aren't living in that house for FREE!    You aren't getting something for nothing!  You are keeping it up, paying taxes on it and living off some of your equity.  Believe me, they are adding your payments, interest, late fees and whatever else they can come up with to the bill.  They did not forget about you! 

Second, there is no such thing as living a simple life with no fights!  Letting these scumbags pick on you and bully you isn't going to solve anything!  This is what they want you to do!  They expect that most people won't try to fight them!  We are here to give you the courage to not lay down and be a rug to these thieves!!!!  They are nothing more, nothing less!  You wouldn't allow someone to walk into your home and rob you at gunpoint without calling the police.  So why let them rob you? 

I know how stressful it is.  We all do.  It sucks the life out of you!  Please don't give up. 

Have you tried to go out and try to find someone that is owner financing a home?  Or lease to own?  This might be a option.  But I wouldn't move out until the very last day! 

good luck,

Sara
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O -

You need to have a back up plan. Best of Luck!

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tired and tattered

We are in BK chapter 13 so we have no financial obligation on the property. We do not have any equity in the home so they got nothing out of us there. We are keeping up the properties basic needs. Mowing grass, keeping the yard up and basic things. They are not gaining much out of this property. No equity no taxes from us and we also have no homeowners insurance on the property. They are paying that since we are no longer making payments. They really are not gaining much from the property financially. Any financial gain they got from us, they are putting right back into the property. We are looking into owner financing. That is about the only way we are going to be able to find a place to live. The only problem with this is that they really take advantage of you in this situation. The payments are much higher. But for now we have no choice.

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T&T,

I'm not sure what state you are in, but there are still some honest people doing owner financed homes. Here's a site I've belonged to for years. Maybe there's something listed that could help you. I do believe you can also post a request for an owner financed home there as well.

http://www.ownerwillcarry.com/
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Sara
T&T:

Oh I would be sooo tempted to send them a bill for "House Sitting Services" LOL!!!

S
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Moose
tired and tattered wrote:

We have actually been living in our house for a year since we surrendered our home. We have not been served any papers as of yet. We live in Illinois. We had HomEq and Homecomings. We filed BK over 2 years ago and a year ago we decided to go ahead and give up the house. We have no money to fight this and we just want to have a simple life without the battles. We ar living here mortgage free for the past year and trying to find a place that will let us move in since we now have lousy credit and are having a hard time getting a place. Not to mention the BK. We have not even been served any kind of papers. I'm not complaining. We are trying to save some money to move. And yes, we do cut our grass.



I may have missed something from an earlier post, and understand this isn't legal advice, but I'm assuming you filed a Chapter 13 bankruptcy that included continuing to make payments on the house under the plan. If you stopped making those payments the servicer's attorney would have (or should have) filed a motion with the bankruptcy court to lift the automatic stay. If you, through counsel, didn't respond, the court would have issued an order to that effect which would allow the servicer to proceed with the filing of a foreclosure. Apparently that hasn't happened - yet.

The first question becomes, has your bankruptcy been dismissed or are you still making other payments under the plan?

Secondly, was there an escrow account for taxes and insurance or were you paying the taxes directly?

If you formally surrendered the house through the bankruptcy court (while in a bankruptcy plan you basically have no control over your financial life) I would guess someone at GMAC has dropped the ball. Again, this not being legal advice, if it was approved by the court and they've simply taken no action, they can't come after you for a dime over and above whatever the court has ordered.

So the final question is, what were the terms and conditions of the "surrender?"

Moose





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tired and tattered

We did sign papers to surrender the house and the lift from automatic stay was lifted. We were paying our taxes and insurance through escrow. They simply have not served us yet. Our BK is still in place. We are making an auto payment through this. We have finally settled everything with the bk I think. We only have 2 more years. We are possibly thinking of swithing it to a chap.7. Any advice would be helpful.

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Sara
I don't understand if you only have 2 more years in Ch. 13 why you would go into Ch 7.  Has you income decreased that dramatically?  Or are you just tired of struggling?

You didn't state where you live.  Is it an area with a high number of foreclosures?  Are the homes that have been foreclosed on been distroyed by vandals?

Ok, this is just an idea...I don't know if it will work or not but it's worth a try.  Why don't you write the holder of the loan a letter offering your "house sitting" services.  Yes, you charge them for watching and maintaining the house!  I mean, why pay them rent when they are going to be a worthless landlord!  Do you think they would actually ever send a repairman to fix anything if it broke down?  No...so this is an alternative that is a win-win situation.  And I would point that out in the letter.

Hey, it's worth a try.  You have time to decide and come up with a rough draft.  Also figure out an amount that the house would be worth for you to stay there.

Sara
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tired and tattered

Sara, that's an excellent idea. The only problem is that we do not know who the actual holder of the note is. When we sent our QWR letter, we were only given the Trustee of the note which is US Bank National Association. We live in Illinois. Our state is now number 5 in foreclosures. (Nothing to be proud of) We live in a nice neighborhood and there isn't much crime at all in our area. It is an older neighborhood. There are several new home sites all around us and they are also pretty much at a stand still right now. The house next door is for sale. It has been on the  market for probably 10 months or more and has not sold as of yet. We are looking into owner financed housing. We have several contacts that we are trying to work with.

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Moose
tired and tattered wrote:

We did sign papers to surrender the house and the lift from automatic stay was lifted. We were paying our taxes and insurance through escrow. They simply have not served us yet. Our BK is still in place. We are making an auto payment through this. We have finally settled everything with the bk I think. We only have 2 more years. We are possibly thinking of swithing it to a chap.7. Any advice would be helpful.



Again, this not being legal advice, what I think is going to eventually happen is the local taxing authority will wake up and enforce their lien because the taxes are no longer being paid.

You might want to talk to an attorney other than your bankruptcy counsel. While you have surrendered the property and thus can't be obligated for the payments, taxes or insurance, you need to find out if the "owner" could under some novel theory try to charge you for rent. My non-legal advice sense is they'd be barred by the doctrine of laches, but it's something you should get a local opinion on.

IMO, you're doing them a huge favor.

Moose

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T & T,

I'm confused your in a banko. There has been a lift of stay given on the house. This is confusing you signed something to surrender the house so there won't be a foreclosure. The home is still in your name since there's been no foreclosure to take it out of your name and return to banks name or investors name.

The trustee probably can't come forward. I bet there's an assignment issue somewhere in this case otherwise it makes no sense. Cause the payments your probably paying are going to the unsecured creditors you originally had when you filed a chp 13 banko.

When a chp 13 banko is filed the arreages for the mortgage go into the plan along with unsecured creditors. But then like for a home or auto you have make the continuing individual PAYMENTS AS WELL ON TOP OF THE PLAN PAYMENT and they don't get paid to the TRUSTEE or court. If their not paid then they get the lift of stay and foreclose.

 Now here's an interesting thing to check. With the payment you are actually still paying to the trustee can they prove the mortgagee isn't still getting the piddly payments from the trustee pymt you make?  (for the arreages prior to filing the bk)If they are they should be returned to be paid to other creditors...Things that make you go hmmm

Be grateful your still there then. You probably have a case of massive fraud I bet. Wish I knew what to tell you on this one. Except work on you DEFENSE.

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Sara
ksu wrote:
T & T,


The trustee probably can't come forward. I bet there's an assignment issue somewhere in this case otherwise it makes no sense. Cause the payments your probably paying are going to the unsecured creditors you originally had when you filed a chp 13 banko.

When a chp 13 banko is filed the arreages for the mortgage go into the plan along with unsecured creditors. But then like for a home or auto you have make the continuing individual PAYMENTS AS WELL ON TOP OF THE PLAN PAYMENT and they don't get paid to the TRUSTEE or court. If their not paid then they get the lift of stay and foreclose.

 Now here's an interesting thing to check. With the payment you are actually still paying to the trustee can they prove the mortgagee isn't still getting the piddly payments from the trustee pymt you make?  (for the arreages prior to filing the bk)If they are they should be returned to be paid to other creditors...Things that make you go hmmm

Be grateful your still there then. You probably have a case of massive fraud I bet. Wish I knew what to tell you on this one. Except work on you DEFENSE.


Wow!  What great info here!!!  I never thought of that.

Sara
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tired and tattered

Our BK is in the final stages of agreements. I mean that we are almost all settled as far as what we are going to be paying out for the remainder of our time in bk. We just received our papers showing everything we started with and everything we are not paying is crossed off. We are no longer paying for any thing except our vehicle. We are not paying anything to unsecured any longer. We gave up everything we had except of course our vehicle. Our payments were just lowered to $211.00 a month which is for our car. Nothing else is being taken out any longer. We have no other outstanding debt. We had HomEq and Homecomings as servicers. The fraud started with HomEq.

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Sara
So T&T, if all that is being taken is $211 for a car payment, why go ch 7?  Or is it that you will be hit with a deficiency judgement for the house?

Sara
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tired and tattered

I guess we really don't need to go a chapter 7 now. We will not be responsible for any of the late fees or add on fees. In Illinois under a chap13 we be cleared of any financial debt on the house. There will be nothing we will have to pay. The only thing I can think of is that they are not in a hurry to forclose on us. They probable have other homes that there is equity to be had. I don't know but I am glad they have not served us yet. We are looking into rent to own. We would like to do this while in bk. Our lawyers will look at any contract and will have to approve it while we are in bk. It would be a little bit comforting.

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