Hi ATS,

I have retained a very reknown attorney to sue Citimortgage. I am willing to post the various pleadings, in hopes that I can help someone else prevail, especially if going pro se.

In December of 2009 I was approved for a loan 'repayment' plan. This was NOT a trial modification, according to the paperwork, but a bona fide 'repayment' where all arrearages would be rolled into a new loan. The only criteria was that I make timely payments for three months. I made these payments as agreed, by certified mail, for all three months. After the March payment, I assumed I would continue to make the same payments, and would eventually receive paperwork with the new loan terms. Instead, my May payment came back to me, with no reason at all.

For a year and a half I tried to make payments, but they were all returned or randomly put into a 'suspense' account (the funds have never been returned to me). In November Citimortgage sent me a notice of foreclosure sale. I had tried, in good faith, to remedy the situation but I was jacked around, transferred, told contradicting information, and hung up on repeatedly.

It wasn't that we couldn't afford the payment, we have excellent credit and a strong income. The issue was the large amount of equity in our home; that Citi was attempting to strip by adding on late fees (even when the payment was on time), and other illegal fees. If Citi foreclosed on my home, they would have received approximately 200k in equity. Because the loan was in default according to them, I couldn't find anyone to refinance the house. My home had me hostage. I couldn't pay on it and preserve my equity, I couldn't sell the home, and I was forced to maintain it, even though I ended up moving out of state. In addition, I decided I didn't want to pay all of the inflated fees that I couldn't begin to decipher. Even the Citibank reps couldn't tell me what I owed. Every one I spoke with was equally confused as to how the numbers were computed.

Anyways, finding an ethical, intelligent attorney who 'got it' wasn't easy. But I persevered, and with a little help from above, I found an awesome attorney who filed a temporary restraining order (that was granted), and who is now dealing with the nonexistent securitization of the fraudulent loan. What no one tells you is that the bank that funded your loan at closing, never loaned you money. The money was created out of thin air. The bank then made money with breaking your loans into securities, assigning cusip numbers and placing your loan into pools (that were in violation of SEC rules).

You can't believe how sophisticated these Wall Street pirates are. You can't believe the woven tale they spin of transfers, deeds, securities, pooling, and other illegal acts; not to mention the TARP money spent to prevent this issue from coming to fruition (as well as QE2). If people truly understood the fraud that was perpetrated in their name, they would riot. I will do everything in my power NOT to use banks in the future.

Anyways PM me if you need any assistance. I will do anything in my power to empower my fellow man in hammering these corrupt bastards that should be in jail.

Go get them I doubt you win though/// Star and flag for trying though.... Better to try and loose then not try at all.

If you were dealing with people you might of had a chance but your dealing with the devil sir you know this... Don't waste to much money on a lawyer...

4rth line

If you had excellent credit and a strong income, why were you attempting a loan mod? You also say the payments were either returned to you or put into a suspense account. Where did that money end up? Did you ever try going to a bank branch to have them assist, or just make your payments there? Every time I have an issue with my bank (BoA), I usually go into the local branch and bitch and moan until I get it resolved.

Hey lostviking, glad you're going after the b@stards & best of luck.
One point though, you might want to check with your attorney about discussing your ongoing case in public. I think they'd tell you not to until after proceedings have finished. Citimortgage will pull every dirty trick in the book & could use this against you. You need to check asap.

Very best of luck.
HP

Wish you the best of luck with your litigation.

Depending on which state you're in you may have a pretty good shot as these common practices are finally coming to light. My understanding is that it the notary policies that determine which states it's easiest to fight back in

The stories I've heard from people personally, reflect what you're saying. If yoiu actually HAVE equity, it's not safe to enter any of these modification or repayment agreements. However, if you're underwater on your mortgage it could be quite adventageous to utilize the mods.

I am beginning to think that banks, for some off the wall reason,
are trying to get people's homes.

We are having one heck of a time with BoA.

And we have made every single payment on time since we bought our
home 18 months ago.

They have, at least 12, out of the past 18 months, screwed up posting
our mortgage payments correctly, putting it either in an obscure "miscellaneous posting" area
on our statements, or applying it bizarrely to the principal without paying the actual amount due,
then stating we haven't made our payment for the month...

We have online bill pay set up that autopays through our bank.
Therefore we have records showing all payments made on time to them, wired straight in.

We have to call, sit on hold for hours, (there is no local branch, as our mortgage was sold to them
before the ink was dry on the paper), and argue with some outsourced half-wit for another hour before
our account is credited properly and the late fees are taken off.

Then we get BS assurances that this "will not happen" again.

Until the next month. Or, if we are lucky, two months later....

We get threatening letters all the time.

Isn't this illegal???

We have better things to do with our time.

Don't they have more important things to do, like bother the people who are actually not paying their mortgage????

One of those banks screwed my sister out of her house too. I'm not sure of the details but it sounds a lot like your story - she made payments and they were holding them and not crediting them. Then she got behind and WHAM they took her house. She had not even been aware she was that far behind.

A year and a half or so later, they sent her a check refunding some of her mortgage payments that they'd never applied.

She lives out of town so I am not crystal clear on the details, but it just crushed her so bad. She went to a lawyer but there was no way she could get her house back no matter what she did- it was gone.
She's bought it for 40k and put about 90k into it. She didn't owe all that much on it. Her husband got hurt bad and out of work, she was crazy trying to tend to him - but the next thing they knew, they were homeless.

(Where she really messed up was not paying it off. I ain't doing jack to my house before it is paid off.)

Originally posted by HelionPrime
Hey lostviking, glad you're going after the b@stards & best of luck.
One point though, you might want to check with your attorney about discussing your ongoing case in public. I think they'd tell you not to until after proceedings have finished. Citimortgage will pull every dirty trick in the book & could use this against you. You need to check asap.

Very best of luck.
HP

Might be a good idea to be cautious, but I can still PM people the pleadings filed. I doubt my situation is unusual though. I could be anyone.

Well you can put in your case the homestead declaration act.

Look it up its helpful.