UPDATE from "Suicidal" Homeowner

Well, I'm sad to say that Bank of America has won.

Don't worry though, I'm not going to hurt myself, so nobody call the police.

For those of you who didn't see my original thread, here it is:
www.abovetopsecret.com...

I met with a foreclosure attorney today & I really don't have any recourse. The bank really can say they're going to work with you, then turn around & kick you in the arse by returning your money & not honoring their loan modification agreements. There isn't any justice in this country. The banks do own it & call all the shots.

If my bankruptcy attorney had given me certain advice, I may not be in this situation. Instead, he was only concerned with the bankruptcy part & didn't let me know about certain other things regarding other papers I could have filed to reinstate the loan, the foreclosure attorney could have helped me at this point, but now there's nothing he can do to assist.

Well, I don't have the energy to get technical at the moment, but my best advice to everyone right now is to get help immediately if you're making every good faith effort to send the bank money, but they keep returning it & relinquishing on their said agreements. When I was approved for the Making Homes Affordable Plan & they returned my first payment to me, I should have seen a foreclosure attorney then. I made the mistake of trusting that my bankruptcy attorney was giving me the best advice & didn't look any further or get a second opinion. Now, Bank of the USSA has won & I guess I'll be moving in with my parents until I decide if I want to move back up north or go to another country. Hmm, decisions, decisions.

Good luck everyone & thanks again for all your support.
Take care.

reply to post by Afterthought


You may want to contact the local media, specifically their advocate person. There was a case out in WA a month or so where essentially the same thing happened. The bank got a bunch of bad press and then deterined that there was a "clerical error" and that they never meant to kick the dude and his family out of their home and a bunch of "we value our customer" kind of hogwash. It can't hurt.

reply to post by dolphinfan


Thanks for the suggestion. Maybe the media will see the sign I'm going to paint on my roof that will read "BofA is Criminal". I certainly will think about contacting the local news station. It couldn't hurt.

reply to post by Afterthought


You'd get more attention painting that slogan on the roof of the house owned by the BofA branch manager...

Does he/she live locally by any chance?

I am so sorry that this is obviosly causing you pain. My thought and prayers go out to you. Did the bank really win? You were paying on a house that probably was not worth what you would of had to pay for it. Most folks with a mortgage are in that position today. Getting hosed by the bank. Paying sometimes double what the house is really worth. You are no longer in that catagory my freind. Your no longer paying on a. dead horse. You have won. Don't you see!? I don't mean to minimize your pain, but it was just a house, a material object designed to protect you from the elements, that's it. You won my freind. Cheer up you are free. Love and peace to you and yours

Whatever you do, stay in the house, do not let them physically evict you.

You should have up to 6 months of squatters rights lawfully, and hopefully a few changes will be coming to the system before then.

Be sure to check your U2U, lots of good information sent to you.

[edit on 21-4-2010 by Ionized]

Send your bank these questions:

1) When I signed a promissory note, which account did the money come from?

2) Was the money taken from an I.R.A., savings account, investment account, checking account, or any other type of account?

3) Was the promissory note deposited into an account in the name of the bank?

4) Was a check written backed by the funds in the amount of the promissory note?

5) Did the promissory note back the demand for payment issued by the bank?

6) Does the bank understand what the term check kiting means?

7) Did the bank present a mortgage agreement after the promissory note was signed?

8) Does a banking institution have the ability to deposit an “I owe you”, and write a demand for payment from the account that the “I owe you” was deposited ?

9) When a mortgage agreement is signed by anyone, is the bank presenting itself as a creditor, and is the signer considered a debtor before or after the promissory note is signed?

10) If the bank is a creditor, and the signer is a debtor, did the bank have the money borrowed before or after the promissory note was signed?

Watch them squirm after you send this...

reply to post by Ionized


Thank you, Ionized. I'll get to work on that tonight while I'm listening to the links you sent me. Best wishes!

reply to post by Afterthought


www.wlwt.com...

Read this article, I read about this man a few months ago.....pretty good way to stick it to the bank if you ask me. And good luck to you, I hope everything works out well. Hang in there!

reply to post by Klaatumagnum


Thanks Klaatumagnum & I appreciate your words. It is just a house & I'm trying to convince myself of that. I've lived here six years & it's really all I have since I'm not married & without kids, human kids that is. All my kids have fur & feathers

Originally posted by Ionized
Send your bank these questions:

1) When I signed a promissory note, which account did the money come from?

2) Was the money taken from an I.R.A., savings account, investment account, checking account, or any other type of account?

3) Was the promissory note deposited into an account in the name of the bank?

4) Was a check written backed by the funds in the amount of the promissory note?

5) Did the promissory note back the demand for payment issued by the bank?

6) Does the bank understand what the term check kiting means?

7) Did the bank present a mortgage agreement after the promissory note was signed?

8) Does a banking institution have the ability to deposit an “I owe you”, and write a demand for payment from the account that the “I owe you” was deposited ?

9) When a mortgage agreement is signed by anyone, is the bank presenting itself as a creditor, and is the signer considered a debtor before or after the promissory note is signed?

10) If the bank is a creditor, and the signer is a debtor, did the bank have the money borrowed before or after the promissory note was signed?

Watch them squirm after you send this...

Thanks Ionized you saved me the trouble. Can you u2u the links to me also so I don't send him redundant links?

I will just add here on the #10 question ask them directly if they are the creditor. If they say yes they just perjured themselves becuase they cannot loan thier credit, if they say no then they have just proven that you don't owe them anything.. They most likely won't answer because they know they can't. And no answer make them whatever you say they are by default. They have to prove thier claim.

[edit on 21-4-2010 by hawkiye]

For others interested in foreclosure and mortgage fraud issues, here is some media:

Several hours worth of Jerry Kane, start here:


Lots of good foreclosure and mortgage related audio can be found here:
www.talkshoe.com...

and here:
www.talkshoe.com...

for starters...

It's sad to hear that, I hope things turn out better.

Take care and best wishes.

GM

Very sorry to read of your situation, OP. If your first attorney was actually remiss in his/her advice, and did not represent you well, then consider filing a lawsuit for incompetence. Not like I am a lawyer, or anything close to such, but if there was something your lawyer failed to do that could have saved you from this situation, then consult another lawyer.

Meanwhile, I'm glad the bank gave you back your money. That's unusual, at least from my view point.

I'd hate to be in your situation, of course, and I don't know what I would do if faced with your problems. I just might become "irrational".

[edit on 21-4-2010 by VictoriaCornwall]

I am really sorry about your situation. Will your family let you bring your animals there? It is very hard to lose a house under any circumstances and the upheaval one experiences can be devastating. Wishing you the best of luck...Take good care and keep the faith...

[edit on 21-4-2010 by VictoriaCornwall]

I am sorry to hear of your situation. I know it is too late for you to do this now, but for anyone else a similar situation. If you are making a payment to the bank, format a letter in the form of a receipt indicating what you are giving the payment over for. Take this to the bank with your payment get them to sign and stamp it and also get a friend to witness the payment.

By the bank sending back your money, they probably have made no record of their own that you paid it. So a court only sees that you never tried. Game over as far as a court is concerned.

However with the receipts and witness signatures, a court will never foreclose on someone who genuinely is making an effort to pay. In fact, because of your evidence of trying to pay, it would probably never get to court anyway because the bank knows that it would be thrown out.

So.. always try to pay and always keep plenty of documentary evidence to back you up.

Good luck for the future.

Hello, friends.

I wanted all of you to know how grateful I am for those of you who showed your concern & wisdom during this difficult time with your warm words. You are appreciated more than you will ever know!

Since June of 2008, I have felt very alone fighting the criminal corporation known as Bank of America. Your kindness & wishes have given me the strength to press on and not relinquish my home to these crooks.

A special thanks to those who have provided valuable information through your posts & U2Us. I was able to educate myself last night, which enabled me to compose an intelligent letter addressing the bank's illegal dealings with my mortgage. I mailed 9 letters today illustrating the misery they have caused in my life by making promise after promise & honoring nothing. The Clerk of Courts in my county as well as the Attorney General of my state will also receive my letter. They need to know how this bank is ruining people's lives & illegally acquiring properties. I hope I am paving the way for others, too.

I will update this thread when I have more information.

Best wishes to all of you magnificent souls!

PS - To those concerned about my 'children', no worries. If I must vacate the premises, they are most welcome by my parents whom I'm very blessed to have in my life. Everyone should be so lucky.

[edit on 22-4-2010 by Afterthought]

More interesting media foreclosure related worth watching: