Editor: I won’t publish the name and I should add that this person had an excellent attorney who prevailed in a very hostile environment.
I’m in my house!!! yippee!! I have to pay a bond in 30 days but I’m
here!!
This means I can unpack my boxes!! 🙂 🙂
yippee!! I’m SO happy. You have no idea.
Filed under: foreclosure |
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If a case is a matter of public record, can’t one read the docket activity up until the confidentiality agreement is ordered?
Would it be a violation of a confidentiality agreement to post a case # without mentioning any other specifics and let a reader come to their own conclusions?
Guess I will ask my atty, but I’m sure someone knowledgeable must know the answers to these questions.
does a lender/bank that offers two previous loans for terms that are promised for a third/new loan, breach its Fudiciary Duty when it changes representaions made verbally at the last meinute and makes promises the bank fails to keep? keeping me engaged in the loan cycle on this trust built?
Call Your Attorney General, February 3, to Call For Tough Penalties for Foreclosure Fraud
A number of national consumer groups are organizing calls to state attorney generals to stiffen their collective spines. As you may recall, the 50 state attorney general investigation into mortgage and foreclosure abuses started with the usual fanfare and promises of tough action and has been trying to beat a quiet retreat since them.
The AG leading the probe, Tom Miller of Iowa, made a public promise in December to put bank
executives in jail for the crimes they’ve committed against the American people. Last week, he backtracked almost completely, and is now claiming the matter is inherently civil, not criminal. The laws certainly haven’t changed since last year, only the party line has.
You can find your AG’s # here:
http://consumerfraudreporting.org/stateattorneygenerallist.php
Millie
Abby here…email me carra2009@gmail.com
also…you should start to find out how –start by calling civil clerk—to ‘pay’ some sort of ‘rent’ to extend your stay in the house. My friend was able to extend for over a month by doing this before eviction.
but..email me
Check this out..
http://dailybail.com/home/man-beats-bank-and-creates-mortgage-banking-mers-bomb-lost-p.html
I am happy for you…but can you share with us how you did this, where you are…and how we can contact your attorney or one like s/he? Or did you have to sign a “non-disclosure” agreement?
I sure could use some help since the “fake” Plaintiff in our case (look up “Fictitious Plaintiff” in Black’s Law Dictionary online) finally got their Writ for Possession, so we will be evicted in a few weeks. We can’t afford a “bond”, but even when we requested a “waiver of bond”, it was denied.
TMT,
Oh, that CA settlement is a REPEAT of the rip-off that Jerry Brown foisted on us the LAST time.
This is outrageous. The last one generated a whole bunch of mods that BofA proceeded to breach. They have not finished litigating the ‘set-ups’ for foreclosure that came out of THAT round.
Jerry Brown must have had it all prepared for the new AG to take over. Brown has a sister who was with CW and moved on to BofA. Now she’s at Goldman-Sucks.
Really, beware of getting one of these new mods. The last ones were issued in a huge batch and then they proceeded to play their games. With the last batch, they would issue PERMANENT modification papers and have you return them notarized.
Then they would do one of three things, either deny getting the package back on time (regardless of you having the tracking proof) OR they would proceed to take MANY months of payments and then tell you the mod that you SIGNED had some ‘problem’ and you now needed to suddenly make up all the difference in payments (or face FC), OR, the third type was to play games right away with the ‘additional processing’ not ‘happening’ and the loan would be transferred to Litton for servicing and you would find that they were immediately starting to FORECLOSE.
Now I KNOW all this because I AM A VICTIM OF THEIR CRAP. I have TWO of their offerings from last year. Sadly I took the bait on the second one.
If offered one of these mods, I’d RUN the opposite direction.
If you have a CountryWide loan, in CA, I would take it to Global Capital Law. This is ESPECIALLY TRUE of the “America’s Wholesale Lender” loans that were fraudulently written by CountryWide.
It is just a little strange to see a loan that does not even cite a ‘D/B/A’ when a trade name is used on a loan. I really question how any AWL loan was ever considered ‘perfected’. Of course, I’m no attorney.
.02¢ or less:
It is likely that (wherever) the court required a bond to be filed with the clerk of the court in order to maintain an injunction during/for the pendency of the litigation in order to be maintain the injunctive status quo, thereby postponing the ultimate foreclosure event/trustee sale.
Establishing a registry with the court – or in the alternative, an offer of performance (a/k/a tender of performance) – should accomplish the identical effect, in terms of the court acknowledging that a valid dispute exists by which a “pausing” through further injunctive relief from foreclosure/trustee sale (at least in California) is in effect.
Prevailing on the merits of the matter in its entirety is yet to be determined. That is why a good faith monetary commitment is required to be on the table by the homeowner: “skin in the game,” as Mr. Garfield says.
No doubt the attorney is also being compensated, along with court/case costs & fees.
While it would be interesting to learn the background in this matter, it is almost certain that the homeowner is an a position to demonstrate to the court that payment was not the issue, but rather servicer/bankster trickery was at hand.
Kimmi n Cali.
I agree.Just posting a bond means nothing. Of course non disclosure may not allow any details to be expressed.
You need to share the success and knowledge otherwise no one wins
I am, like the others, hopeful for you. However, like several of them, I am very cautious of whether you are celebrating too soon.
Is your bond a one-time bond or an ongoing payment? If so, you have to pay it and keep the attorney paid. That normally works out to a total that is more than the original mortgage payment. (I’ve BEEN there with a TRO and a Preliminary Injunction.)
You will see many manuevers from the pretenders that are intended to drive up your legal fees. It was better to switch to BK court.
The ‘moves’ from the opposition never cease to amaze me. They have now done 2 different things all during the BK stay that HOPEFULLY will draw just a bit of ire from the BK court. The first goofy thing was that they filed an assignment of the DOT to a CWABS trust without conforming to the PSA whatsoever. That assignment was both dated and filed in 2010. BK stay be damned apparently in their view. Now the Trustee for that CWABS trust claims that the loan was either transferred or sold to them in 2011. With the problems of the assignment in 2010, WHAT entity had the rights to do any transfer (or sale) especially during a bankruptcy?
Now, if they are willing to do those shenanigans during a BK, do you understand why I have my reservations about this person’s status?
I really appreciate Brian Davies’ sharing the path out of this mess. I know that at times his posts have been used by the pretenders, but to my knowledge, those attempts were futile on their part.
So NEIL, share at least some of the details here!
Hmmm….. What do you think about this news that AG is settling with Countrywide?
http://latimesblogs.latimes.com/money_co/2011/02/california-settles-with-countrywide-executives.html
hmmmm,
You won, no details, guidance, or details to those of us fighting for years too. Yeah, I’ve been here for years, am still fighting, paying attorney, plus rent….but UNPACKING?
If you posted bond, doesn’t that indicate an ongoing case? Don’t forget, money keeps moving where intended even while you celebrate still being in your house.
I hesitate to be happy for you /and by association hope for me because either
a: Your post is completely absent of any guiding light for others even with the consideration you could provide something anonymously.
or
b: You are sadly misinformed, perhaps a bit premature in your celebration of victory and as a result are….
c: Actually more vunerable than ever which is how the criminal players gain so much ground.
Sorry, just sayin. Been there, done that and hope I’m wrong, but so far I haven’t been. Every time something seems like a hint towards hope, or small advance, I find myself throwing money to ,process. More fees, more filings, more debt. and obviously more anger.
Unpacking? How ’bout not packing up all my upgrades and beautification to my home of over 30 years. That’s as close to appreciating this ongoing process that continues to make money for the well off / wealthy with what is left of my life savings. UNPACKING? One can only hope.
hmmmm,
You won, no details, guidance, or details to those of us fighting for years too. Yeah, I’ve been here for years, am still fighting, paying attorney, plus rent….but UNPACKING?
If you posted bond, doesn’t that indicate an ongoing case? Don’t forget, money keeps moving where intended even while you celebrate still being in your house.
I hesitate to be happy for you /and by associate hope for me because either
a: Your post is completely absent of any guiding light for others even with the consideration you could provide something anonymously.
or
b: You are sadly misinformed, perhaps a bit premature in your celebration of victory and as a result are….
c: Actually more vunerable than ever which is how the criminal players gain so much ground.
Sorry, just sayin. Been there, done that and hope I’m wrong, but so far I haven’t. Every time something seems like a hint towards hope, or small advance, I find myself throwing money to ,process. More fees, more filings, more debt. and obviously more anger.
Unpacking? How ’bout not packing up all my upgrades and beautification to my home of over 30 years. That’s as close to appreciating this ongoing process
The home is in Cairo??
Come on Neil give us some details!!!!!, 🙂 no need to expose anyones name or place of residence, what it sounds to me though is that this person must’ve got a TRO from the court hence the bond, is the attorney making $, of course, but think of the other option guys, i wont criticize until i get to know all of the details.
(((come on Neil)))) taping my finger nails on my table!! 🙂
One of the big problems is that when someone gets a favorable decision, the details are SEALED! It sure would be nice to hear from some SUCCESSFUL parties in this whole mess……
California settles with Countrywide executives
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February 2, 2011 | 5:52 pm
California has reached a $6.5-million settlement with two former Countrywide Financial Corp. executives that the state had accused of predatory lending. The state will create a foreclosure relief fund for troubled borrowers with part of the money, Attorney General Kamala D. Harris said Wednesday.
The $5.2-million fund will be used to combat foreclosure, educate homeowners and assist other agencies statewide in prosecuting mortgage fraud. The intent of the settlement was, in part, to “restore justice” to homeowners who had been harmed by the foreclosure crisis, Harris said.
“There are a lot of people out there who are still struggling and don’t know how to get back on their feet,” Harris said.
An additional $1.35 million of the settlement, reached with Angelo R. Mozilo, Countrywide’s former chief executive, and David Sambol, the company’s former president, will be paid to the attorney general’s office as costs for the investigation and attorney’s fees.
The settlement concludes a predatory lending suit filed against the company and its executives by the attorney general’s office in June 2008.
The agreement augments an October 2008 settlement with the company to provide loan modifications and other foreclosure relief valued at $8.68 billion nationally, including $3.5 billion in California.
Countrywide, which was bought by Bank of America that year, will repay its former executives in full, according to the latest agreement.
Preeti Vissa, community reinvestment director of the Berkeley-based consumer advocacy group Greenlining Institute criticized the settlement amount as too small.
“It is almost a token amount,” she said. “We really applaud Attorney General Harris for holding Mozilo and his counterpart accountable, but clearly much more needs to be done if we want to make a meaningful difference in the lives of the people who have been affected by these loans.”
Neither of the former executives admitted wrongdoing as part of the settlement.
“We believe the weakness of the claims against Mr. Mozilo was underscored as discovery progressed and we expected to prevail in court,” David Siegel, Mozilo’s attorney, said in a statement.
Sambol’s attorney, Walter Brown, said: “Mr. Sambol wholly denies the claims and agreed to settle only to put this matter behind him and his family, and because Countrywide wanted to do so.”
Mozilo last year agreed to pay a $22.5-million fine to settle a Securities and Exchange Commission lawsuit — one of a series of suits alleging that Countrywide misled borrowers and investors about the risks of its lending — a penalty the SEC said was the largest ever for an individual in a case involving alleged misrepresentations to shareholders.
It doesn’t make sense when people are so deep undercover and secretive when Neil’s site here is so popular because of the cases and info that are shared.
M. Turner is correct. The Attorneys are not doing much. Sad but true.
Actually the Bar in Florida is on the Banksters side.
Which State? If it’s Maryland please let us know.
Big deal? I think not. So what, you post a bond to stay so some atty. can keep taking your money. Only to lose the house in the end. What State did this happen in? I’ve been in for..3 yrs, no payment, no Atty. I expect to be here another year too.
A bond?
What type of bond and for what purpose?
Please explain.
I’m so thrilled for you!! God Bless Your Heart. Unpack those boxes next week. Rest peacefully and just enjoy these sweet moments.
I could not be happier for you!!
Kelly
I would definately be nice to have some idea of the situation.
Can you share some details on this without exposing your identity?
GOOD4U!!!!!!!
Hello there. How did you do this?
Anybody Up for a petition drive? The Petitions could be sign by home owners and sent to all 50 Attorney General’s Office’s. Maybe the petition’s could be delivered to the AG’s office with Media Coverage?
Just a thought.
I am so HAPPY for you!
Keep up the fight, remember you are NOT alone!!