Losing My Home......

reply to post by sheepslayer247


I'm going through this myself. My case is in Federal court but I'm hoping we can get it shifted back to state level as the federal judges are corrupt. My case was recently dismissed by a federal judge who didn't even bother to acknowledge a single allegation in the complaint and stated that he didn't see any evidence that I'd suffered any damages anyway. My lawyer was actually shocked and speechless. We've filed for an appeal, so the waiting game continues.

My case is a good one- clearly documented contract violations, bad faith, bogus fees and outright lies. This has been going on since summer of 2008. It began with the mortgage servicing company refusing to post a payment and extorting over $5000 from me to secure a forbearance agreement that they refused to disclose the terms of. I was only two months behind. At the time, I actually had the money to get current with the whole account in less than a month, but they wouldn't let me. Then they didn't send the agreement, denied there was one, and demanded more money from me before they would send it. I finally got them to admit they were wrong and they sent the agreement. It added $500 to my monthly payment for a whole year and threatened immediate foreclosure if they were even one day late. I continued with this for a few months until I found a lawyer willing to help me out.

Then the modification nightmare began. I was advised to stop making payments, and they wouldn't accept any payments from me anyway as the forbearance was suspended pending the modification application and they wouldn't accept partial payments or make any interim payment arrangements. Then finally there was the trial modification. I made the three payments and then they claimed I hadn't made the first one. I presented the proof through my bank's record of the treasurer's check. They told me to send another one as they'd lost the one I sent. I did, and then they didn't send me the final modification. I stopped making payments and got another lawyer. We sent a demand letter under consumer protection law and they refused to even answer. We demanded a full accounting of the account and they replied that they didn't need to provide us with that. Then, after about 5 months, they sent a modification agreement with about $30,000 added to the amount due and a demand for over $10,000 to secure the agreement. They also tripled the interest rate and gave me a week to reply.

Note here that originally I didn't even need a modification at all as I would have been able to get current if they'd allowed me to. Also, my loan was not a purchase money- I'd owned the house for years and had refinanced. I was actually a very good customer.

I went through three different lawyers before I finally found one willing and able to file suit against the bank and the servicer. I'm actually in the legal profession myself- I'm an independent paralegal and researcher. I work with dozens of attorneys and I do understand the law. What these banks and servicers are doing violates so many laws it's actually staggering to list them all.

It's a popular myth that the banks and their political and media puppets create that the homeowners are getting what they deserve. It's also a myth that that banks are simply incompetent. No. Banks NEVER tolerate incompetence in their operations if it's costing them anything. They have made fortunes off this through the derivatives, insurance scams, bogus bankruptcies and tax evasion schemes, and finally through the government bailouts at the taxpayers' expense. TARP was just the beginning. The "Help for Homeowners" modification scheme was presented as a way to help the homeowners, but it was in fact a back-door bailout for the banks. They got bounties for pretending to modify loans, with absolutely no requirement that they actually do so. These mortgage loans have been paid off many times over.

Incidentally, anyone out there who is in a modification or applying one should be very careful. The terms of the modifications give the banks an almost unlimited number of loopholes to reneg on the agreement and toss you into foreclosure whenever they decide that they're ready to cash in on that. You aren't safe.

My advice is to get a lawyer before you lose the house, if possible. Sue under consumer protection law and contract violation and start tracking emerging case law. There have been some excellent cases coming down lately and I expect more to be coming along soon. If you can present as a plaintiff in a lawsuit rather than a defendant in a foreclosure or a debtor in bankruptcy you have a slight edge as far as public perception goes. Also, you will remain in physical possession of the house until the matter is resolved.

I've no idea how this will all play out in the end, for you, for me, or for the rest of us.

They can take your house, but they can't take your PRIDE!!!!!

Give them all the hell you can.

Wish you and your family the best.

reply to post by ofhumandescent


Thanks for the advice and words of encouragement!

The custody battle is coming to a much anticipated head at the end of this summer. All the cards are in our favor, so in the end it will be worth every dime whether the house goes or not.

I understand that it's not Obama fault completely, and I am the last one to bash Obama or a single politician for my problems, but I was frustrated this morning when I read about how Obama was just going to blow off the foreclosure crisis as a "bump" in the road for an economy on the rise.

People are hurting out there! They can protect corporate interests all they want but when the people can no longer afford their product I wonder what they will do then.

List the culprit.

The first company was American Home Mortgage Servicing Inc. They are/were a shady bunch that has a track record of bending people over! The place I am dealing with now is Homeland Residential. They are essentially the same place, but their name has been changed to protect themselves.

We will see what happens and if I cannot get results from my current line of problem-solving I may just have to take a drive over to the local TV station and make a fool of myself on live TV!

reply to post by sheepslayer247

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.

You don't have to actually lose the home. They would have to win the foreclosure in court, then auction the home (probably buy it themselves), and then get the sheriff to evict you from the home.

The attorneys can help you, get them involved as soon as possible, and let them fight the foreclosure.

Sometimes we have to make changes. I am talking Warroad MN or the likes thereof. I keep trying to tell people to get out! Doesn't make it easier but does make it real.

reply to post by seaside sky


I'm sorry to hear that you are having problems as well, although my situation is not as complex as yours.

After reading your comments, getreadyalready's and other's, I see that I must become much more aggressive and proactive against these people.

The wheels are turning more than ever and maybe it's time to show these a-holes I will not go down without a huge mess for them to deal with.

Good luck with this one sheepslayer, anyone of us could end up in this situation.

Consider that a large majority live paycheck to paycheck. I consider myself semi-financialy stable, but missing a few checks would change that fast.

It's sad because I see houses in my neighborhood being foreclosed on, and then I see this team of guys I knew in high school. Both were sons of a rich father who ran a large financial institution/real estate agency. One is currently a real estate agent, and the other is the local bank owner. In any case, whenever there is a foreclosure in this neighborhood, I see them show up with big smiles on their face. They can hardly wait to repossess it and sell it for a huge profit, knowing that they can upgrade their yacht's, or whatever...

Originally posted by sheepslayer247

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!

First an foremost, sorry to hear about your situation.

But do you genuinely believe the situation would be better had it occurred while W was president? Or if McCain was president?

If so, I'd love to hear the reasoning.

That is lousy and I don't know how these big banking folks can go to sleep at night pulling these stunts. Don't give up. The squeaky wheel gets the grease. Take it to your local news, that in itself could result in some prominent attorneys offering their services pro bono. If they can keep these sadistic tactics secret, then they can keep chugging along. If you and anyone else who is going through something like this stands up and starts screaming to the rooftops.... well, that just might publicly humiliate them into backing off.

It doesn't matter what gets them to do the right thing if you can only find what that "thing" is. It's your home. Continue the good fight for you and your family until they come to drag you out of it with LEO's in tow.

They have a harder time getting squatters out of a crack house than they do getting upstanding folks out of their's. It is atrocious. They are making a killing off of doing these things and I for one am praying you will come out victorious.

reply to post by v1rtu0s0


May their souls rot in the deepest pit of hell.

Smiles on faces with having messed over another fellow human being...............right they aren't even human in my book

I understand your frustration, and can empathize with your situation. However, why not offer to pay the balance due in full? Provided you are creditworthy, and have stable income, there is really no reason why you can't go to a local bank in town and have the home refinanced. Pay them off in full.

Lesson learned here is that you cannot go a couple of months without paying your mortgage, your car note, or any other loan obligation.

Once the loan is turned over to the attorneys, the bank can refuse any payments, and rightly so. Why? Because if they accept any payments, they have to re-start the foreclosure process all over again if you should again fail to make payments as you did before. The bank doesn't want to bear the costs of constantly and repeatedly initiating the foreclosure process as you plat games by starting, stopping, starting, stopping making payments. They figure you have already shown your true colors because you broke the contract when you stopped making payments the first time.

Tough lesson, but lesson learned. Make your payments. On time. No excuses. Otherwise, you will learn the lesson that is stated in the Bible --- that the borrower is truly servant to the lender.

Originally posted by ofhumandescent
reply to post by v1rtu0s0

 

May their souls rot in the deepest pit of hell.

Smiles on faces with having messed over fellow human beings...............right they aren't even human in my book.

Not to derail sheep's thread, but yes, they have no conscious. There is this mentality that comes with territory, where you are born with a silver spoon, like Mitt Witt Romney. You are born into priviledge and peoples homes, their lives, are basically a game. People get thrown out of their home, and they go party in the house.

I'd bet sheepslayers mortgage company, or the bank he is paying, was purposely playing a game with him to foreclose the home. I'm sure they do it with alot of others, and most probably don't sue them...

reply to post by sheepslayer247

file, attempted theft charges on "b" for now and other legal action and get injunction and file case on "a" for 3X value the house and legal fees request injunction in that court setting

reply to post by v1rtu0s0


you've explained very well the psychopathic mentality that has been ingrained in our human DNA currently.

Losing My Home....
Wife...
Kids?....

I feel for ya. The women want a guy with a job, bottom line. Doesn't matter that you have kids with them and are doing everything humanly possible.

reply to post by sheepslayer247


I feel for you! Keep your chin up! There must be a way you can "accelerate" the process of foreclosure!

Make it happen !!!!

reply to post by sheepslayer247


That's the spirit ! Don't go down without a fight. No matter what happens with my case I at least know that I've stood up for myself and not made it easy for them. And there's still hope. There is a growing body of case law on the subject, and anything we can do to add to it helps others. If my case is at all successful, even on a single minor point, it will be an important precedent case in Massachusetts. Badly needed.

reply to post by ColAngus


Republican or Democrat does not matter in this situation. Obama just happens to be the one smiling on TV telling me how everything is looking up...for his corporate masters!

This is not about politics at all. This is about a square deal and taking the process of repairing bad situations out of the hands of a computer program that tells people what they have to do and having a relationship with the banks in which we can solve these issues.

This picture I saw earlier seems like it is relevant to the situation with the banks.

I wish you luck with all the trouble your bank is putting you through. I believe at times, it's not just greed but stupidity at the banks driving many of their decisions. A number of years ago maybe it was in 2008, I heard it was a good idea to have an emergency fund or get a line of credit while you were still employed in case you lost your job. I went through all the trouble to get one set up at Bank of America. I had refinanced my home with a 15 year loan. Just a year or two ago, the city or county government reassessed all the homes in the area the most they could as far as raising our taxes. Actually they put on mine a market value and then the maximum tax increase allowed by law as the tax value but showed the market value. I don't believe the market value is as low as they marked it since the house right next to mine sold a couple of years ago for a lot more.

Anyway to cut a long story short, I have excellent credit, a long stable job, and house prices have been going up consistently in my area. Bank of America sent me a letter in the last two weeks stating due to rapidly declining home values in your area, we are lowering your credit limit on your line of credit. I'm thinking ok fine. Screw you. I won't be planning on doing any more business with such a stupid bank. My home will be paid off in a few years and I won't need to bother with a line of credit. I certainly don't have any plans to continue using a bank that acts without checking on the situation in the local area. I already closed up my checking and savings account I once had with them. Of course they say if you send in the paperwork, they can review your case. There are idiots working at the banks. I believe this is why sometimes bankruptcy is good for business. Idiots go out of business and get replaced by people who understand business, customer service, and respecting the customers first.