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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So much information here on the forum and lots of readers with experiences and a well educated administrator, though maybe you could let me know your opinions as to how I should proceed with the following:


My Situation is as follows:
trustee sale date march 26, 2010
corona, ca
cr title and citimortgage

yesterday I sent a QWR to CitiMortgage by fax and by email
a separate letter to the trustee was also sent to put them on notice of the QWR
above items made request to extend the sale date so we can review the docs prior to moving forward

Today I was told that they won't extend the date for the sale based on the QWR
My next step intended was to file Pro Se for TRO and extend trustee sale date based on right the TILA and unlawful foreclosure
expectation would be that it is reasonable to get the extension and that it would bring it to a hearing on the matter

I thought to go pro se as long as possible and then to ask for further time to get proper attorney representation
I thought to proceed in this manner in order to extend the time going Pro Se and then basically time for a new atty to prepare and then to proceed with the case

When the QWR brings the note and docs from Citi I was going to have a forensic audit done
Sure there will be numerous errors and omissions since there's a back story to my whole mortgage and definitely 100% things weren't done right
there is an element of fraud between the broker and the realtor and I have proof to show this

So, today Citi refused extension based only on the QWR
Rather, they propose for me to go on a temporary payment plan for the next 3 months
payment they've offered is favorable and  I would have no problem to do that
following the next 3 months then they would work with me on a permanent mod

My questions now.....
If I accept the 3 month temporary reduced new payment and sign for it
- am I losing rights to problems that may be discovered in a forensic audit
-am I losing a future lawsuit against them in any way (by signing and making things new?)

Of course if I miss any payment they will immediately foreclose
I can pay it so that's not a problem, the problem is at the end of the temporary payments

I would like to take the 3 months lowered payments then extend it another 3 months if I can
after that a permanent mod would be nice but I would like it to take into consideration of any TILA violations, etc.

should I
take the 3 months and extension to the sale date this way then move forward thereafter
insist that the QWR should provide extension to the sale date and file a TRO in Pro Se
forget about Pro Se and use an attorney from the beginning

answers and opinions on this matter would be greatly appreciated
right now I basically told them to send over what they were proposing so I can have a look, they're overnighting the info

Also, if the Pro Se filing is in order, I would like to know if you can prepare it for me so I can just go file
What would your fee be for preparing such document and of course I need it right away since the sale is Friday morning

If you're recommending the legal avenue from the start, what kind of fees am I looking at
what kind of results might I expect.

Ideally, I would like to stay here as long as possible without making a payment
then resolve the mortgage with negotiated terms to reduce principal and to take deduction for the TILA violations that are certain to be discovered.

keeping the house would definitely be the best ending but whatever.

what do you think?
your reply will be most greatly appreciated
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arkygirl
Quote:
My questions now.....
If I accept the 3 month temporary reduced new payment and sign for it
- am I losing rights to problems that may be discovered in a forensic audit
-am I losing a future lawsuit against them in any way (by signing and making things new?)


No one could possibly answer this question. You must obtain the paperwork and read it to know absolutely what the terms would be. Just guessing, I would speculate that you would lose some rights. It would be up to you to decide what is tolerable.

Are you absolutely, beyond a reasonable doubt, sure that CitiMortgage has legal standing to file a foreclosure suit on your home? If you are unsure, to sign anything with CitiMortgage would probably give them standing in the future. One trick third party servicers/collectors are using is to offer a loan mod, get the signed paperwork in order to obtain legal standing and then foreclosing as quickly as possible; quite often before the initial trial payment period is even over. What is your trust level? Only you know that.

We are not lawyers here so all this is strictly my opinion. As non-lawyers there is no one here who can prepare any legal paperwork for you, let alone charge you for doing so. You may search this site for resources and may find a template that can help guide you in filing your pro se TRO.

Why did you wait so long to begin trying to obtain paperwork from Citi? Was Citi your original lender?

My best advice would be to get an attorney ASAP. If Citi is unable to prove legal standing (and an attorney should know what to ask for) the whole issue is moot.

Good luck.
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Sara
Well, I can understand where you are at right now.  Many of us have been in your shoes.  Am I right to assume you are in a non-judicual foreclosure?

What your mortgage company is offering is the same type of agreement you would be offered with a group intervention like NACA.  The only difference is that they would make sure it was a modification of your original mortgage and not a totally new mortgage.  They would also try to get you a lower interest rate.  This is what you need to look for in the documents you will be receiving.

One word of advice that I can give you is that if you don't understand anything in this document, go to a lawyer or even to someone who works at your bank (but not the one that's doing this document) where you have an account.  Many of the banking people do know what looks legit in mortgage documents or if they would sign it. 

A lot of the questions you asked in your post would depend on the state you live in.  Laws vary state to state.

Sorry that we can't assist you more.  But it's good that you have made the decision that you want to try to keep your home.  That's the biggest hurdle most people (who I know) have to decide.

BTW:  just how much cash do they want as an upfront amount?

Good luck and keep us posted as to what happens.

S
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  In my personal opinion, the best way to stop a trustees sale is to file a chapter 7 or 13 bankruptcy.

  Most capable bk attorneys can file an emergency bk action usually the same day.

   Since you are almost out of time, I know of no other way to help you.

   You are welcome to email me @ robin_hoood_09@yahoo.com for my phone number.

               I wish you the best of luck!


 Happily at war with the lender since December of '08 

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You have to move quickly... getting an attorney would be the best way to go... an attorney that gets it.  Look on livinglies website for one in your area. An attorney who does foreclosure defense and gets great results for homeowners, and he travels to various states.. his name is Jeff Barnes.. google him and you can read his website and send him an email.
The attny that i work for was able to stay a sale on a ppty in NC - a non-judicial state 2 weeks ago. He went back for the hearing on last friday and the bank's attorneys did not show up, so the judge issued a temporary injunction. What this attny did was... the sale was on the morning of March 18th, and he filed a lawsuit against HSBC bank, cause it turns out that there was NO assignment of mortgage to HSBC, yet they were foreclosing!!!!
I'd suggest that you check your county recorder to see is any assignment was recorded, and if one was, it most likely is faudulent.

If i were you, i would NOT trust citimortgage with any payment plan now... cause they'll make that offer to you and still foreclose on you.... be extremely cautious here. However, if they give you something in writing that they'll stay the foreclosure sale while you make payments, then that's probably the way to go... that could stay foreclosure for now while you get your ducks in a row.

All the best!
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arkygirl
Why you need to be careful dealing with Citi...the "unintentional error" defense is being bandied about yet again by a mortgage lender/servicer. (How can any industry make so many critical "unintentional errors" and remain a going concern? Mortgage lenders and servicers have the flakiest computers in the world, evidently. It is one of the mysteries of the universe.)

If Citi reported-or failed to report- "erroneous" information to the government, you can bet that it won't have a problem LYING to YOU! "Errors", "errors" everywhere.

One bright note....the fine is the heftiest yet. Maybe once the fines outstrip the money that can be made by lying, stealing, cheating and making "unintentional errors" the fraud will be brought under control.

CitiFinancial to pay $1.25 million for mortgage disclosure violations

By Dina ElBoghdady
Thursday, March 25, 2010

CitiFinancial, a Baltimore-based consumer finance unit of Citigroup, agreed to pay $1.25 million in penalties for not fully disclosing its mortgage transactions to the federal government, state regulators announced Wednesday.

CitiFinancial did not report 91,127 residential mortgage applications from 2004 through 2007 because of "unintentional" internal programming errors, according to a settlement agreement between the company and 35 states. The loans represent about 10 percent of the company's mortgage transactions during that time.

The reporting errors went undetected until Massachusetts regulators examined a sample of the unit's mortgages and asked why some were not disclosed to the federal government, as is required by law.

CitiFinancial followed up with its own investigation, discovered the errors and has since corrected its reports to the federal government. The company denied that it had violated federal law by underreporting its loans, and the settlement agreement said there is no evidence that the errors harmed consumers.

"The company is pleased to have corrected this reporting error and reached this agreement to put the matter behind us," the company said in a statement.

In a briefing with reporters, state regulators said it is tough for them to determine whether lenders are violating consumer protection laws if lenders do not properly report transactions, as is required by the Home Mortgage Disclosure Act.

That law, enacted in 1975, requires lenders to report public loan data that regulators use to determine whether financial institutions are meeting the credit needs of the communities they serve and to identify possible discriminatory lending patterns, state regulators said.

As part of this process, lenders must report characteristics of each loan application (even if the loans are denied) and of the borrowers who applied for them, including the borrowers' race, ethnicity and gender.

The $1.25 million penalty is the largest ever related to the Home Mortgage Disclosure Act, said Steven L. Antonakes, the Massachusetts commissioner of banks. The states involved in the settlement, including Maryland and Virginia, can use the money for investigations or educational purposes or add it to their general funds.

The mortgage disclosure law "remains the primary tool we utilize to ensure compliance with fair lending laws and regulations," Antonakes said in a statement. "By failing to accurately report all required transactions, CitiFinancial hampered our ability to complete that assessment."

The settlement agreement says CitiFinancial hired a nationally recognized expert who reviewed the loan data and concluded that "there were no practically significant pricing disparities in Massachusetts or nationally on the basis of race, ethnicity, or gender" in the original filing to the federal government or the new one.

This is not the first high-profile incident involving CitiFinancial, formerly the financial arm of Travelers Group, which was acquired by Citicorp in 1998.

In 2004, Citigroup and CitiFinancial agreed to pay a $70 million fine for consumer lending violations, including raising the cost of loans to poor and credit-starved customers by requiring that they have unnecessary co-signers. CitiFinancial denied any wrongdoing in that matter.

http://www.washingtonpost.com/wp-dyn/content/article/2010/03/24/AR2010032402427.html



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OUCH, 1.25 million, that amounts to an entire  neighborhood of homes being foreclosed on by Citi. In fact way is Citi even submitting mortgage information to the Federal Government, if they are not some how linked to Fannie and Freddie and the bailout and their MBS pool? 

This is all Barney could dig up in his home state, a few mortgages.... Hummm More dribble from the MSM! Everyone foreclosed on or facing foreclosure should feel warm and fuzzy all over with this breaking news!
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