Need to know how to take the following and encompass all into a state complaint against the following for constitutional rights violations and such. It seems so hard because there's more than just one company or entity that's involved. And by GOD to go after just one when any of them could actually own the debt I'm stressed!
Banks/Servicers involved are
Mo Division of Finance
P.O. Box 716
Jefferson City, MO 65102
Attn: Mr. Nick Campbell
We decided to refinance our home in August 2004. Unfortunately, things haven’t gone as we intended them to and we’ve faced some difficult times.
In Oct 2005 we became delinquent on our second mortgage. In January 2006 I attempted to reinstate this loan. As we’ve always tried to be good people and part of doing that is paying your bills on time. Or so we thought
While we admit we fell behind three payments they were only $266 ea and we thought it was something that could be easily rectified. After several phone calls and attempts and getting told one thing then another second mortgage servicer attempted to foreclose on us in June 2006.
They attempted to do this by filing a false document with the county recorders office. As we found out before they could foreclose that they actually don’t know who our payments go to after sending them in. Anyone, we’ve been told who could own this note has not taken ownership of it. There never was a hello/goodbye letter sent on this assignment either. The assignment was never recorded.
In Oct 2006 we filed a chapter 13 bankruptcy. The attorney we hired didn’t believe what we told him. He wanted this proven in court. But he didn’t inform the judge all of this up front.
So when it came up he approached it and filed the objection to their filing a proof of claim in the bankruptcy court. This ended up making the judge do a dismissal with prejudice against the attorney and made it to where the second mortgagee shouldn’t be paid a dime. As what they produced to the bankruptcy court after 60 days was a blank assignment document. Nothing about the actual bond they created after receiving my promissory note.
Our attorney at this point should of filed a complaint then followed thru with an adversary. This didn’t happen though and he’s told us our case has no merit according to anyone he’s talked to. This is very disheartening for us. We didn’t just file a chapter 7 bankruptcy and walk away. We know we created our debts and up to this point in time with all of this maintained respectable credit scores anywhere from 660 to 680.
Not to long after we filed our bankruptcy my husband in Dec 2006 lost his job. The job he took was just barely enough to survive. At this job in 2007 I can show from Feb/Nov 2007 the most he made was like $17,000. I attempted to help find answers about our case from several attorneys not only in St. Louis but nationwide.
With the loss of income we faced and legal issues we weren’t able to stay up with our bankruptcy or mortgage payments. We did try to start paying the trustee again in December 07 prior to dismissal on January 10, 2008. But were led to believe it was fruitless if the lift of stay had been given on our home and auto.
Since all of this has happened with the second and advice I’ve gotten I’ve also found there’s issues with the first as well. This was a refinance not a purchase money mortgage as my credit bureau shows. I believe we were lied to that we had to pay off the 1st we already had. Then them writing this up as a purchase money mortgage instead of a refi was intentionally done to avoid any recourse to a investor they sold note to. However, by the way Argent/Ameriquest merged with Citi voids any holder in due course arguement they could give.
We not only ended up facing a 2yr prepayment penalty, 2yr option arm, but we also got a Yield Spread Premium. Which from everything I’ve read shouldn’t of been allowed. As they also got origination fee's. But when we closed we were told not to worry about it the lender was paying it.
Looking thru the documents more closely the floor rate for the mortgages we qualified for was 6.20% on the first and 11.15% on the second. What we ended up with on the first is 8.25% and 11.75%.
And we ended up paying for two appraisals one at closing and one prior to closing. I’m sure there’s more than this wrong with these documents as well.
But now with the dismissal of our bankruptcy we’ve been told repeatedly to file a case in state court. Well my question is how to file such a case? I’ve for over two years have tried to do things the right way. We don’t dispute we owe our debts that we’ve created. What we dispute is we have the right to know who legitimately should be paid. And have the fraud they perpetuated against us rectified.
Our first mortgage has offered to do a loan modification on our home loan. We want to do this. However, they don’t want to tell us if it’ll be approved even if we do send the money. They’ve disclosed no information on what the loan will entail. Then I have the second coming back saying they want to be paid or they’ll attempt to foreclose again. Even though we’ve proven they don’t know who their collecting for.
When we filed the bankruptcy our attorney told us he was going to handle the RESPA, QWR letters and such but he never did. He said that since we quit paying that RESPA or TILA violations wouldn’t apply on the second mortgage. I don’t understand how this can be when even a judge agreed with us that they shouldn’t be paid.
I have a lot of documentation on this situation that if requested I can give or show the following.
- Original closing statements-Good Faith Estimates, Prelim loan then the final loan product that was a bait and switch at closing.
- Original credit bureaus used
- Validation of debt letter from Homeq when they started servicing prior to the note being sold
Bank Statements to show we had the funds to reinstate in January and a few months after prior to second attempting to foreclose in June 2006.
- Document they originally tried to bring foreclosure with
- The objection to the debt in the bankruptcy court
- Funds that were required to show if demanded to pay amount behind on 2nd mortgage that we could pay for it in 2007. We did this.
- The final dismissal with prejudice
- Emails, letters, names of various attorneys here in St. Louis, that claim their to busy to help or it would cost to much to get the help. How things could have been done to help us instead of work against us.
- The letter my attorney sent to the bankruptcy trustee speaking of the false proof of claim that was filed. That trustee ignored. I truly can't understand how it wasn't a false proof of claim when they knew before they filed POC they didn't know who owned the debt. Trustee totally overlooked the $500,000 penalty they should of been forced to pay.
We’re desperately now trying to figure out how to rectify things. We have been for sometime. But to find such answers seems impossible. I have found a very similar case though that was handled properly in the western district of the bankruptcy court.
But we really don’t want to go back into bankruptcy again. But if we don’t this leaves us with other people attempting to collect again. So what is the proper filing to be made in state court? That would entail such a filing to handle both situations? Any idea?
Citifinancial just called me this morning to say that they’ll accept the proof of our tax filing to stall the sale on the 15th. I was told now told that the second would definitely probably not attempt to foreclose because they’d have to pay them off first. And we now owe $125,000 vs what we originally started all this with at $103,000 so their definitely upside down now to attempt to foreclose. We’re told that $17,000 we’re behind on the first. Which doesn’t seem accurate as we did attempt to pay on our bankruptcy and lender payments until Aug 07 when 1st rejected a partial payment made cause it was the best we could do at the time.
Most of this could have been prevented if we really knew who owned our second mortgage. Or our attorney had given the representation he was hired for. I know of no one who would want to pay for a mortgage twice. If the company doesn’t know who their collecting for how can we be guaranteed our payments are going to who they should be?
I could of sold my home and relocated vs. destroying perfect credit. As my income was our main source of stabilizing income for our household. Here in St. Louis my income had I been working while going thru all of this wouldn’t have been enough to still support us as a job out of town would of. With the income my husband was making vs now. With the pay that’ll be offered compared to what I was making we could make it now if I get back to work. But still leaves a lot of open ends that need to be cleared up.
Any help you can provide would be greatly appreciated.