Losing My Home......

After waking this morning, I sat down at the computer for the first smoke of the day and perused the headlines on the major news websites. The first topic I read was how Obama is in a tough spot with the economic recovery moving slower than expected and how there has been a huge jump in foreclosures.

Any other time I would simply shake my head at the misfortune of others, but it has come to a point in my life where I am in the same boat and so are many other people I know.

About 10 months ago my brother was in a tough spot and needed to find the cash to pay his attorney. He is in the middle of a brutal child-custody battle that effected our entire family, since my wife and I raised the kids while he served in Iraq, and it would have been a shame to lose the battle just because the lawyer did not get paid.

So I gave him two months of mortgage payments to pay off his lawyer fees. Sure....maybe I shouldn't have but this was much more important and I knew that at the end of the second month I would have the funds to make those payments even if he could not pay it back.

At the end of the second month I had the funds and made a payment using the normal methods. I contacted the mortgage company to make sure it was applied to the account and they told me that they would not accept the payment (in fact they sent the money back) unless I setup a "payment plan" to get the account current. I followed their instructions, setup a one-time payment "plan" and sent the money as instructed.

One week later I received the money back and was told that they could not accept the payment because I did not sign the "payment agreement". Which, of course, I had never seen or sent a copy. Still, I talked to them and got the plan setup again....this time I had them fax the paper, signed it and faxed it immediately back.

This payment was sent to them by Western Union and was immediately denied by the mortgage company! When I inquired as to why this had happened again, they informed me that the home was now in forclosure and I could not make a payment unless I covered the foreclosure fees as well.

I refused to pay the fees. I had made several attempts to pay the balance due long before foreclosure was an issue! After realizing that it was their fault, they removed the foreclosure fees and setup another "plan" to bring the account current.

This time they asked me to make a regular payment through bank transfer. Which I did. The only problem is that they re-routed the money to a different account and was never applied to my mortgage account. They couldn't figure out where the money went.

I have the bank transactions to prove the money was transferred, so that is not an issue. What is an issue now is that the company changed names in the middle of trying to get this entire debacle figured out. They are now saying that I never made the payment and it is irrelevant that I made the payment to the former mortgage holder.

So, in reality, I am out the thousands of dollars I paid to company A, and now company B is foreclosing on my home. I have been fighting this for many, many months and it looks as though I am losing the fight.

I have talked to a number of lawyers, they all agree that I have a great case against the original mortgage company and could easily beat them in court. The only problem is that not one of the lawyers can take action against the mortgage company until they actually foreclose on my home.....Then I can sue them.

So it looks as though I may have legal recourse but I have to lose my home first! I have put many 10's of thousands of dollars into the home and have raised both my children here. I'd like to keep my home but it looks as though I will fail.

In closing, I feel for those of us that fight to keep what is ours, only to fall prey to foxes and weasels of the world. Ya, the economy is bad Mr. Obama! You couldn't tell, smartass? How about you worry more about what we the people need instead of kneeling at the altar waiting for the corporate money-shot!

What a sad story, and all too typical of the foreclosure messes I have read about.

I read a post on here once about a man who had asked the judge that the new mortgage company produce the original papers with his signature on it for the mortgage. They couldn't and he won the case to keep his home.(not sure if I have the details correct) Make sure your lawyers know all the legit angles they can use.

Hopefully someone will come along with some great advice, because these mortgage companies need to be stopped from getting away with these sort of games.

I wish you all the best, as well as all those who are going through something similar.

Sorry for your misfortune.
I can't give you any advice but I hope you get it sorted out once and for all and that you don't lose your home.

I live in the house I was raised in and now i've got my own family who will be raised in it too. I cannot imagine the feeling of having it taken from me.

I wish you the best of luck.

Dont worry friend, the banks are about to get their due......in spades

reply to post by sheepslayer247




I hate hearing this. I hope to God,you find a way,to save your home. I know there are alot of folks,here,on ATS that have had similar stories. Maybe they will show up,to give you some sound advice.


Till then,Keep your head up,and try to think Positive.........

Thank you for your kind words.

I am pulling out all the stops in order to get this taken care of but it seems as though they have to actually foreclose on the home before I can take action. It will be too late by then and will pretty much be for nothing.

Things happen for a reason......I just hope there is a good one behind this.

I'm glad I don't own a home at this time because if this happened to me the bank or mortgage company would have serious problems. There would also be an accidental fire the day they came to take my home from me, or at least an infestation of every bug imaginable. I would not go down without a fight and I hope you don't either. I hope you can find the resources to get you the help you need I think it should be illegal for someone to foreclose on someones home. It is a despicable thing to do and anyone who is involved must be sociopathic in nature. I hope they all burn for what they are doing.

I missed one car payment due to a disruption in my direct deposit and they put out a repo order before I had a chance to explain what happened. Such a crock. I had to hide my car until the deposit was corrected and I refused to pay any fees and eventually spoke to someone compassionate enough to wave the fees for me. I guess I got lucky this time.

I have a feeling we are going to see an increase of crimes against banks and lenders for pulling the crap that they do. They need to be held responsible for their misgivings as human beings in my opinion. I hope things work out for you. You and your family will be in my thoughts.

Tell all your legislators about this. They may be able to help.
I hope it works out for you.

reply to post by sheepslayer247


This is all too common sad news, but perhaps it is not too late...

For what it is worth, and who knows with the current admin. ., if you can muddle through the jargon, and legal-ese, maybe you can at least find an appropriate contact through this:

www.whitehouse.gov..." target="_blank" class="postlink" rel="nofollow">
www.whitehouse.gov...

From source above:

o Certification of Proper Process: Prior to a foreclosure sale, servicers must certify in writing to the foreclosure attorney or trustee that appropriate loss mitigation alternatives have been considered and that proceeding to foreclosure sale is consistent with applicable law. A copy of this certification must be provided to the borrower.

The agencies of the executive branch with oversight or other authority over servicing practices –the FHA, the USDA, the VA, and Treasury, through the HAMP program – will each take the steps needed in the coming months to implement rules for their programs that are consistent with these standards

I wish the best for you/your family and others like you..the numbers just published don't sound too promising.

reply to post by sheepslayer247


Just make sure you have the names of each individual you spoke with on the phone from company A. Dates and times along with names!

You will need all the evidence possible to aid in your favor, but as the story goes......It looks like you have a very strong case against company A.....Now the only issue will be getting company B involved since they bought your mortgage!

I would look into purchasing your house after foreclosure at auction and sueing company B for falsely foreclosing on your house. You might be able to get both of them with the right lawyer for pain and suffering....Which should be a great deal more than what you owe on the house!

Best of luck and remember to all, ALWAYS write down names and or employee numbers of ANYONE you speak to about issues with anything.....Credit cards, mortgage, whatever it may be.......Always get all the information possible for your case to have a leg to stand on!!

BEST OF LUCK!!!

reply to post by sheepslayer247


Your post is articulate and well thought out. Send it to everyone you know. Send it to every city official who's email you can find, every Senator, Governor. Sent it to every newspaper, every television station. Post it on facebook and have your friends post it. Send it to every email address you can get for both the current and present past mortgage company. Sent it to the president.

I know life isn't always fair but this is beyond unfair.

Good Luck

It's sickening that when the mortgage companies are on the brink of collapse, the government bails them out, but when their customers are in trouble they don't give a damn.

I feel for you my ATS friend, Our struggles do not go untold, and we as people are getting closer and closer together, as we all get equally screwed bye the systems in place. I wish you all the best in your fight, although it seems to be an uphill battle, compassion is sometimes found in the most unlikely of places, as a previous poster said document everything be as anal retentive as you can when it comes to money spent, and track it all thouroughly.

I hope for a future when we can be done with the corrupt systems in place, when my grandkids if any come about might have a hope for a future. But story after story points to it only being a hope. But it's one I hold, I as well hold out hope for you my friend and the good fight you are undertaking.

Stay strong, cause I feel it's all we can really do!

Take Care and best of luck too you....

SaneThinking

Originally posted by sad_eyed_lady
Tell all your legislators about this. They may be able to help.
I hope it works out for you.

I've been in contact with the Attorney General's office quite a few times over this issue. They have pretty much told me the same thing the lawyers did. They did say that they have been inundated by cases like this.

I do have contact with a couple local legislators and they just give me the "personal responsibility" line of crap. Politicians don't care.

reply to post by sheepslayer247


I am sorry for your troubles.

We have three years to pay off our mortgages (we have two) and know if we miss just one payment that scenario will happen to us.

Why?

Read my location.

The banks and corporations own America and Obama is nothing but a puppet dancing on strings pulled by the aforementioned real powers that be.

If you still have a job be thankful.

If you still get to see your brother's children be thankful.

Pray you or a close family member does not have a medical issue or job loss.

I volunteer twice a month at a homeless shelter and coming across many many stories like yours.

It's not Obama, it's the entire US Government that is owned by the military and large corporations.

You should write a letter to Obama personally..............not that it would do much good.

Also, what is the name of the bank?

List the culprit.

They simply want to jiggle more money out of you and make your life miserable.

They don't care......................the snakes in suits that have sold their souls.

Maybe write Madonna, she's got 350 million, a couple hundred thousand wouldn't mean much to her, she spends that much on plastic surgery per year I wager.

Good luck on the custody hearings....................been through that heart ache.

"Mom" could have made this a no lawyers, simple, no fight, be civil but women seem to love to be vendictive, it's in their nature (not all but most)............they would rather throw money to the lawyers then see their kids and their kids blood relatives have a smooth life.

There is little justice anymore (my experience anyway).

I will include your family in my prayers.

Will your brother let you move in with him?

How about your parents?

Again, sorry you have to go through this but you did the right thing.............you helped out a family member.

What goes around, comes around.

Keep us updated.

Make sure you get a really good lawyer............that can make all the difference in the world.

reply to post by sheepslayer247

I do have contact with a couple local legislators and they just give me the "personal responsibility" line of crap. Politicians don't care.

Tell them you will remember their name the next time they come up for re-election and you will inform your neighbors and friends as well...........that might help.

I'm just trying to think of angles for you to take.

One more angle................go public, go to your local newspaper or news channel.

Write a editorial and submit it to your local paper listing the bank, the people who you contacted, etc......that might work????

Politicians care about one thing, their good name.

Find a way to smear a couple of the big $hits and you might get somewhere.

reply to post by minettejo


Very good advice and I love your avatar............that is one cool dog!!!!

reply to post by Chrisfishenstein


A star for you.

The OP needs a journal for court...........DOCUMENT, DOCUMENT, DOCUMENT.


Date of phone call.
Exact time of phone call (include C/T, E/T, etc)
Person who you talked to
Company person you talked to represents
Copies of all pw
If you can put it on speaker phone and record that is even better, BUT if you record any conversation I believe you must inform the person this phone conversation is being recorded.
If not, write down exactly what was said.
If possible meet with them in person.
Make sure they know you are going to escalate this to court level..........sometimes that alone will make them more manageable.
No matter how angry you get NEVER EVER use any kind of foul language or talk threatening to them, that will only hurt your case when it escalates to court.

Some of the other replies are very very good.

I served meals to about 26 families this last week that two years ago were middle class with homes.

Personally I do think there is a agenda, a conspiracy....................one to eliminate the middle class.

reply to post by usmc0311


Yes you are correct, they are just waiting to pounce, like vultures.

Any missed payment.

Many people on ATS do not realize that just one job loss, one medical issue, one divorce or some other stuff (refrigerator going, car going, etc) and you could end up with some major problems.

Banks and lending institutions are not playing fair and our government should have regulated them a long time ago.

The Federal Reserve needs to be disbanded period.

The trickle down theory does not work.

reply to post by sheepslayer247


Although I am in another country, my heart goes out to you.

It sounds like you have done everything in your power to ensure you were doing the right thing and that you are a giving and humanitarian person.

Your story should be national news.

The fact that the law and justice, in your country, are two separate things is truly sad.

Just one suggestion I may offer comes from the Bible in Luke 18:1-8.

Hammer away at those who should be sorting this out. State and re-state your case until they are driven crazy by it.

I'll pray that you get justice.