I have a horror story as well. This will just add to the increasingly growing list of ppl already on here suffering at the hands of a diabolical, unethical, immoral corporation.
My husband and I decided to try to take advantage of the chance to lower our mortgage interest rate back in April 2009. At that time we were only one payment behind. We were instructed by bac customer care reps that we had to be at least 60-90 days behind and to NOT pay our mortgage for at least 60 days. Well, like dummies we listened to them. At the 60 day mark, they sent out house to foreclosure. I immediately started contacting these non profit credit counselling places for assistance. I was told by one credit counsellor that our only option was to either let the bank have the house or to try to do a loan mod through BAC. Well, he sent a recommendation to BAC that they work with us to obtain a loan modification and to stop the foreclosure. By June 1, 2009 we had been “pre qualified” for a loan mod directly through BAC (their so called HAMP). We were instructed to send in a hardship letter, copies of 2 pay stubs, 2 bank statements, copies of our last 2 years tax returns, and copies of all of our utility bills and anything else we had to spend money on each month. I faxed this information, same day, to BAC. I called back 2 days later to see if they had scanned the information into their computers, and they hadn’t. Was told that day by yet another rep it could/would take up to a week for them to scan the documents. Well, I asked her for a physical address to mail the documents to, and she choked! She didn’t have an address to send me. That should have been my first warning signal. She gave me an address for Houston, TX, which so happened to be for payment processing. It took almost a month for the hard documents to make their way to where they needed to be. Another month went by, and still no word as to an approval on the loan mod. Now we get to July 2009, and we are officially 4 months behind on mortgage payments, still accruing late fees, with no end in sight. July 25 rolled around, and out of the blue we get a call from BAC, stating our loan mod has indeed been approved and they will be Federal Expressing two copies of the final loan mod documents for us to sign, have notarized, and return to them within 7 days. Well, we get the loan mod, and it’s not a loan mod at all! Its a darn repay plan, but at the top o the document it clearly says “Loan Modification Agreement”. They kept us at our current interest rate of 7.5%, tacked 8 years onto the back of our mortgage, and jacked our payments from $859.19 to $939.17! They also demanded we send in $855.19 in good faith funds in order to process the modification. Running out of options, we signed and notarized the doggone thing and sent it back. Now, keep in mind we were instructed to NOT pay anything towards our mortgage during the loan modification process, because it would only “mess us up”. We were already so far behind at this point we had no choice but to finish what we had started with this loan mod, no matter what the terms.
BAC got the documents, and a cashiers check for the $855, overnighted to them. They waited an entire week before scanning the document into the system so that it could be seen by all at BAC. I kept calling to make sure they had gotten the doc, but kept getting told “no we don’t have it yet”. However, the cashiers check had been cashed two days after we overnighted it to them, along with the notarized loan mod agreement.(They got the money but didn’t get the document, yeah, I’m sure!).
We were instructed, as per their Loan Mod Agreement, to make our first payment on Sept. 1, 2009 in the amount of $939.17. I sent them $1,000.00! Same thing for the next 6 months. In March 2010 I get a nasty letter stating they intend to accelerate my mortgage! I call them and ask what is the problem, we had a modification in place, we made our payments in accordance with that agreement…what’s the deal. I got told that the first payment they show in their system is for Feb. 2010. When i told them I had physical proof of payments that they had cashed from Sept. 2009 through Feb 2010, they asked if I could send them copies. I told them they needed to send me over to payment research dept. to see where this money was going. Payment research told me the money was being held in a “suspense account” for “fees due”. $6,000 worth!!! I demanded they post these as payments, because the reps in collections showed me as 9 months behind. Well, the lady said she posted them, but she never did.
March 25, 2010 I receive a little chain letter from BAC stating that it’s taking them longer than normal to process our loan modification (ok come on….July 2009 through March 2010 isnt ample time to complete a simple loan mod? It takes 9 months to grow a life inside you and give birth to it, that’s an accomplishment) and to please be patient while they finished it. And it also thanked me for being a loyal customer of BAC Home Loans Svc. LP.
Ok….two more months go by and we are now in May. I get a phone call from a rep from BAC requesting additional financial information over the phone, because too much time has elapsed from the start of our loan mod to current. I told her that if BAC needed updated financial information, that they could request it by mail. I wasn’t giving them any more personal/private information over the telephone. Well, a request never came. I continued to make my monthly payments in accordance with this loan mod agreement, even though the amounts on my montly mtg statements kept getting higher and higher.
Come August 2010, by mortgage payments were up to $1650! A far cry from what we were told to pay on a loan mod agreement. I called BAC to find out what was going on with that, and I was informed that our loan modification was cancelled, they weren’t going to complete it due to lack of updated information and the fact their closing department never finished doing the closing on the mod. I told that rep I never received anything in writing from them requesting updated financial information, nor had I heard from one of the three workout negotiators who had worked on it up to this point. The rep told me my only option at this point was to try and requalify for yet another loan mod, this time one through the Hope For Homeowners. I told her no, they needed to fix the original one they had started, I wasn’t going through this mess with them again. I demanded she send an email to Tom Willets, workout negotiator. She did, and within 3 days Tom Willets had called me apologizing saying he had no clue as to why the closing dept never finished closing the documents, he said they were “worked on but never completed”. I told him I was refusing to do another loan mod, this was his error, and he needed to do his job and get this thing pushed through. He said he was going to get with his supervisor along with one other dept. head to see what he could get pushed through. Well, I will tell you he never did. I never heard from him again. He has ignored requests from me to call, email, all of it. His supervisor never returned my calls, either. He also ignored interdepartmental emails requesting that they contact me regarding this matter. Now, because of their gross negligence, I am now further behind, and owe more money, plus more late fees because my payments had spiked during this time, and I was only paying what the loan mod docs instructed me to pay!
I started doubling up on payments, sending in anywhere between $1700 and $2900 every month. In December, I was still looking for an answer as to why their closing dept. had never finished the closing on the loan mod. Nobody could tell me exactly why. I finally stonewalled them and threatened them with a lawsuit, and the rep took 1 hr 45 minutes to research the entire account, and came back and told me that the reason the loan mod was never completed was because back on Dec. 4, 2009, Tom Willetts was supposed to have sent us corrected loan mod docs to have signed and notarized because there was a “issue” with the first ones. The rep said, and I quote “I’m not saying it was our fault the documents were incorrect, I’m not saying it was ya’lls fault, but they were incorrect.” All we had to do was sign and date the damn things! How could it possibly be our faults?! She apologized, said there was nothing she could do, and suggested we go through the process of qualifying for yet another loan mod. I hung up in disgust.
Meanwhile with all this crap, we are being told we are 9 months behind on our mortgage. They had been stashing the money we’d been sending in back into a fees account, and some of it into back escrow payments. They failed to tell me that once we even applied for a loan mod, they would automaticaly escrow our property taxes. I asked the rep why they didnt stop since I obviously wasnt under a loan mod with them and they had cancelled it, and she told me that they couldnt stop escrowing our taxes once they had started. It was mandatory whether we got approved for the mod or not.
January 2011, we get a notice of intent to accelerate, with a date of 1/20/11 to have $8900 paid by. We got the letter on 1/4/11. That gave us barely 16 days to pay that amount! I sent in $1900 because it’s all we had, and on 1/19 I called in to set up payment arrangements for the rest. The rep told me I did qualify for a repayment plan, and that we would have to put at least $800 upfront, and pay $2650 for 6 months and we’d be current. Ok, that was agreeable. This woman took my checking account information over the telephone, waited and waited for the information to be approved by teh computer, and it took almost 15 minutes. You could hear her huffing and puffing in frustration. She finally says “ok i got it to go through. you’re all set. your first payment will come out of your account on 2/5/11 for $2650, and I also processed the $800 down out of your checking account.” Five days later I call back to make sure the $800 was posted, and it hadnt been! I called back into collection dept. and raised hell with them. They of course apologized and took my checking acct info again! They could see where I had spoken with the lady the week before and they were supposed to be set up. Ok…same computer glitches with this guy processing my repayments again. He gets frustrated, tells me everything is all set, and tells me thank you for calling BAC. I go to the bank 3 days later, and the $800 and the $2650 are still sitting in my account!!!!! Enraged, i called BAC and told them enough of their lying, I was sending in a paper check for $800 and another for $2650, so there’d be no mistake as to my “good faith money” versus that first payment due for Feb. They cashed both checks in 3 days, and on Feb. 28, 2011, started foreclosure proceedings on my home. In the state of Alabama, you only get 30 days before they sell your home on the courthouse steps. BAC takes at least 7-10 days of that time to order what they call “reinstatement” figures to see how much you have to come up with to pull your house outta hock. They will not work on a repayment with you once they throw your house into foreclosure. The foreclosure attorneys will not work on a repayment with you. Sirote and Permutt are the attorneys BAC uses in Alabama to process all of their foreclosures.
These monsters must be stopped. Someone, somewhere has the power and authority to put an end to this nonsense. I live in Northeast Alabama. If anyone in the entire state of Alabama is interested in putting together a class action lawsuit against BAC Home Loans Svc, LP….please do not hesitate to contact me personally at 256-486-8085. My name is Dory Tallent. I look forward to hearing from you.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud |
Houston – must be a Litton Loan Servicer – The Servicer is the one that processes the Hamp mod and if that doesn’t fly, then the servicer acts like they are trying to do an inhouse mod for which ever investor/lender they are servicing for.
They are spread out via loan servicers aren’t they?
If you are forced out of your home the bank should take your name off any and all paper work pertaining to the property. If your name is not removed the home will go into limbo and the bank will not take possession. Your name will remain on all documents and you could become liable for damages, and/or injury cases on the property. If the bank refuses to take possession, don’t move out without an eviction notice. The banks do not want to take possession because they become liable for property insurance, property maintenance, code enforcement on city/county maintenance requirements etc.. If you live next to an unmaintained foreclosed property please report it to your local authorities, make the banks clean it up.
Here’s the link to the Colorado Supreme Court ruling on Default judgments and Rule 60 motions for relief of judgments or orders. It’s a powerful landmark case if you ask me.
http://www.scribd.com/doc/50116734/Goodman-v-WP-Mountain
This is THE most important case when fighting foreclosure in Colorado. It’s a Colorado Supreme Court ruling on the 120 hearing, clarifying legitmate defenses of “real party in interest and waiver and estoppel.” Goodwin v District Court:
http://www.scribd.com/doc/50134068/Goodwin-v-District-Court
Here are two other important cases regarding Rooker-Feldman which is often cited to dismiss cases brought in federal court. When you lose in District Court here in Colorado, they claim it’s a final state court ruling, which it isn’t, but they say it anyway and usually lower federal courts agree. Citing Rooker-Feldman is a convenient way to toss you out of federal court. Learn about it with these case rulings:
http://www.scribd.com/doc/42859971/Supreme-Court-Ruling-To-Clarify-the-Rooker-Feldman-Doctrine
http://www.scribd.com/doc/42860420/U-S-Court-of-Appeals-for-the-11th-Circuit-on-the-Rooker-Feldman-Doctrine
and i want to add, they were collecting on a negotiable instrument (ucc) that was never negotiated in the first place. fraud in the inducement, in the execution, conversion ect ect ect
usedkarguy this is true. if i am in “default” sept 08 then approx 90 days after,( dec jan 09 thereabouts) theres the trigger event, my loan is removed from those “books” the master servicers ledger ? and insurance is collected,(or default swapand when was default swap executed?) now this was indymac who was foreclosing as beneficiary…well they went into receivership,march 19 09, enter FDIC…then One West bought “servicing rights” july 09 from FDIC ( debt collection, of what? of how much? for who?) then the imposters get my house, and insurance money and they are free men. there are so many players who aided and abetted its still astonishing to me why we arnt winning what are we doing wrong here.
Response to Dorry Talent. my email is harveyatkins049@gmail.com, and all that write will get copies of how to track your loans with BAC and ways to start looking for the actual trust that your loan was sold to even from the very beginning. The language is in the deed of trusts. You must read it out loud and tape yourself and you will understand what you missed when you just initialed the paragraphs. Most importantly you must go to your Secretary of State with a list of every business name on the deed of trusts, and your insurance policies. you will find that these realtors have licenses at the real estate board, and look up the law firms and notarys. Most of all the Servicing of Loans world wide are currently listed on Record in Niagara County Recorder’s Office in Lockport New York. Your Question; what does the state of alabama have to do with Lockport New York? Can you say HSBC Bank [Hongkong Shanghai Banking Corporation is HSBC.] They bought the servicing rights from every failed bank, mortgage lender that fired themselves because they did not do what the trusts required them to do before bringing any kind of lawsuit. You are correct about funds being paid being directed to a special fees account and not getting to the trusts. at this time we have followed these lawyers since 2001, one firm Routh, Crabtree, Olsen are answering for payments that was mailed to GMAC Mortgage and returned month after month. Repeatedly we asked for loan documents and payment schedules from the trusts and the date that the original loan paperwork was sold to the trust. we asked for HUD-1 form that has to be prepared in every state and recorded. Good funds have to be in the escrow trust account on the date of the sale or the terms of payment as to what happens if good funds are not validated. Prommis Solutions Holdings, Inc and/or all their Parent Corporations, Equity Funders Great Hills Partners, Cal Western Trust Deeds Inc now dba Cal Western Reconveyance Corporation, McCallyer Raymer and Pite Duncan LLP, their Title and Closing Company [they list and sell your properties on their own cite], your real estate broker, the apraisers, the industrial hygenist report of air quality, structual pest control report, and Geo-logical report of structual integrity and flood and earthquake stability. The County Recorders offices for each of the states where the each business asking or preparing the foreclosing documents you will find are not in the state where you hold the property. They are in Niagara County Recorders office in Lockport New York. Your question what is the tie that binds. Several banks, lending institution were closed and bought by their parent corporations of which if you ever got a cashier check to pay a bill it states more than one bank name on the check. the reason for that is because the banks did not have their own good funds they were getting credit from equity funders such as Great Hills Partners and other Countries, Your own Pension Funds, 401K Plan investments. The banks profits were based on companys employee contributions that were collected and then invested. Problem not told to the average person worldwide is that the banks profits were based on the interest it expect to recieve from your money being in the bank making money from them investing your savings that your job chose the bank and the investments funds and clearing banks. So these robo-signers computer generated notices that come out in the name of your believed lender if you read out-loud when you get to the part that states we are attempting to collect a debt you are not dealing with the bank you are dealing with HSBC bank through their Master Servicer Litton Loan Servicing whom gave a power of attorney to Michael D Webb & Associates several different ones are recorded in Lockport, New York because HSBC bank did not want the general public to know that they are Hongkong Shanghai Banking Corporation with most of jobs in united states going to china and india of which HSBC Bank corporate office in United States is One HSBC Center Buffalo New York, gave notice they are trying to get deals with India to move their offices. They bought the portfolios of the closed banks which included your mortgage portfolios. By the terms of your deed of trusts it clearly states how many times they can transfer the BANK that WILL Collect the money and distribute to the depositors in the month that. your loan was purchased by the trust through the alleged failed clearing banks of Lehman Brothers Holdings, Inc and Madoff Clearing Banks. Michael D. Webb & Associates then gave limited powers of attorneys to or inherited the law firms of the alleged failed banks providing that foreclosure reporting and accounting. These Law Firms are the Major Shareholders in MERSCorp, Inc also known as Mortgage Electronic Registration Systems. Yvonne J. Wheeler is said to work for MERS and Cal Western Reconveyance Corporation. Although Her Signature is on the Subtitution of Trustee filed before the foreclosure sale is because they can not do business in those states; their license or electronic recording of deeds is not recognized by the states. So she having partners as law firms for all the banks since 1997, she on their own title and closing company which can be found by going to Prommis Solutions Holding, Inc web cite and look up companys and click on the one that says it is a closing company and type in the date of date your property was suppose to be sold you might find your loan there and all the companys are wholly owned company of them and that makes them a Delaware Corporation not a California or Alabama Corporation as stated by the computer generated unsigned affidafit on the unlawful detainers to follow. The lawyers that sign the unlawful detainers have to be named as party in the lawsuit, as well as the process servor and the court, and clerk that filed the complaint. People loose their cases because they do not challenge the outdated form, which most states their Administrative Office of the Court, Judicial Performance Counsel of the State which was required to adjust the forms that most people representing themselves do not know that laws get written by each court case that is decided where the laws that are currently running do not stop people that are not residents of that location. You have to find the state and laws that any party to a contract is governed by and you should find them in the deed of trust. Many of the deeds of trust that were bought by countrywide now BAC do not read what happens when it is sold to A Investor Trust such as what they claim on the trustee deed of sale. but do you read the name of auctioneer, the name of the bank employee that recieved good funds? no you do not all you see is a Real Estate Agent with a card on the date of lockout with no bank paperwork. call the local police and file a report that residential burglary is set to occur on the date in the notice of writ of execution, if the trustee deed of sale has been filed and recorded in your county recorders office. Then open your own unlawful detainer case naming every party on that deed of trust and named in the trustee deed of sale. You can run their names through google search and find out just about anything you need to know about them. I will formulate the search questions for you later. Then you go to the secretary of state office the department of business entities and look up every name on the deed of trust and trustee deed of sale. You will find out if they were in fact doing business in your state on the date they claim. you will find who is the person you need to serve for the court to be able to cancel the note. People loose access because they did not serve the proper parties for service on the trust. when you answer to these attorneys on the court paperwork the court believes you should know that attorney is the right attorney under the contract for service because corporations have to appear by attorneys or agents for service and it has to be listed in the Secretary of State office in your state if not then the secretary of state becomes the person for service for the business doing business in california of which we have served for all BAC companys through their foreclosure specialists PROMMIS SOLUTIONS HOLDINGS, INC through a series of purchase wholly owns MERSCorps, Inc or the lawyers that were partners located at 525 East Main Street, El Cajon California the true robo-signers. In case you have not read the Chapter 13 trustee of mississippi filed a class-action for all the chapter 13 trustee in united states for fee-spliting by the companys of which your loan is part of and you are protected as co-debtor with the banks and mortgage lenders that were owned by Lehman Brothers and Bernard L Madoff Investment, two of the largest clearing banks that your property was sold through. The bank of america has to provide each borrower with a true accounting on which day they sold your loan to the trust and what grade of loan it was at the time it was sold to the trust and the 30 year finish date. They can not do this without alerting the trust to get back your original deed of trust paperwork which secures the investor funds that paid off the the appraised value on your property. Do you know it is a class c felony for appraiser to over price a property by intentionally selling a property as is putting the blame on the seller and borrower to get the proper inspection? So very few people owe the banks? BAC by foreclosing on your property is in violation of their Predatory Lenders Law Suit of which their criminal restitution is that they have to buy-back the loans if the borrower defaults by 2012. so we are all our own worst enemy by answering to attorneys that are debt collectors and not employees of the banks they claim to be. they have a new agent for service of BAC. paul.h.white@jpmorgan.com. Trusts allow the master servicers only five days to tell them or they are fired as master servicers. Which is why they have the borrowers sign they are walking away before the borrower finds out the loan is fraudulent.
Tonight as all you sit in your residences, our businesses and family that was the major researcher for the Issuance to such agencys as Office of Comptroller of Currency which can cancel a banks business license, they through their Realtor Re-Max showed up with a old Writ of Execution from a law firm named Schultz. first 200,000.00 was put down in 2005 when the realtor told my landlord Harvey Atkins that there was a bidding war and required almost 200,000.00 over the value of the property and sold a ARM as to Fixed Mortgage. The Names on the Deed of Trust and the interest rates the Lending Bank transferring the servicing rights on a Substitution of Trustee Deed of Sale; as required by the deed of trust was all that got changed because it says it on the Substitution of Trustee Deed of Sale that it is for accomodation purposes and no effect on title saw that today at county recorders office in Alameda. But what was most disturbing is that Prommis Solutions Holdings, Inc bought out Cal-Western Trust Deed, Inc dba Cal-Western Reconveyance Corporation of which former Partner of Moss Pite & Duncan & Melmet continuing to do business in the same building 525 E Main Street, El Cajon California are the law firms for all the lenders. None of the Banks prepare the paperwork it is done in that office by computer because of powers of attorneys filed in HSBC Bank Corporate Hequarters Office in Buffalo New York. If you want to find the missing paperwork and what trust fund your loan was transferred to you can look in our bankruptcy case filed in Buffalo New York 10-10036-MJK and print it out and start finding the SEC File that the Real Estate Companys drafted the paperwork knowing that it was coming from money not from the bank or the lender but the deposits of pension funds such as workers such as yourself. So Pite and Duncan & Melmet of San Diego signed a 20 year contract with their old partner Gerald Moss and Wife and Sit on the Board of Directors of Cal-Western Reconveyance Corporation in the same building although all the unlawful detainers of which they never want money on the date of the trial, they just want a court order from a state court judge to make the world believe that the court that has jurisdiction is where the property is sitting. It is not the loan paperwork is turned over to the SEC File Trust account to get the money from the trust you thought came from the banks. That is why borrowers are getting their homes free because Cal-Western Reconveyance and MERSCorps, Inc, Mortgage Electronic Registration Systems are bought out wholly owned companys’ of Prommis Solutions Holdings, Inc now registered under their new name Prommis Homeowner Solutions according to california secretary of state foreign corporation as it is a delaware corporation so is it wholly owned california law firms which do 69% of their business and Pite and Duncan are required by law in state and federal court whom their parent corporation instead of saying that the plaintiff all the banks that they are the trustees on, when they through Yvonne J. Wheeler working out of the same office for years so why could she not sign her own name and put the loan number information on the unlawful detainer and produce the HUD-1 Form and Cashier Check on the date of the Sale? They have their own title and closing company of which she puts it up for sale under one of her employment names and buys it back in the wholly owned company of Prommis Solutions Holdings, Inc. Then the Partnered Lawyers send notice to occupants in the properties to make the payments not to the Banks but the Pite and Duncan Trust. Why would you tell me to make payments to you and not the bank you claim bought at some sale and why when the sheriffs show up do Re-Max, Harold Joseph Hutchens, June McDaniels Williams T. Booker Prudential California Realty of Berkeley California sign for Banks that got put out of business in california such as Bank of New York, and The Bank of New York and their seat was given to another Bank? So today I was at 2312 Pacific View Court, San Leandro along with Doris Atkins, and Business partner whom was in the office downloading that the Foreclosures of HSBC Bank had been stopped today when the doorbell rang and she answered it and it was RE-MAX agent in Black mercedes with old writ of possession not for money just against one adult. No mind that State Court Judge John True III had gave a fifteen day extension and then they filed an Involuntary Petition against parent corporation of Pite and Duncan, Great Hills partners, cal-western reconveyance corporation LPS, LPS Default Services all companys bought out by Prommis Solutions Holdings, Inc so that everybody would believe they were still california companies when they are subsidiaries of delaware corporation doing business and not telling or giving an accounting in court as required. So sheriffs and we called the san leandro police and filed a residential burglary charge against RE-MAX and Sheriffs for breaking the law and having read all the papers they the sheriffs twisted arms and removed from the property after being asked to be arrested so a police report would be made, innocent till proven guilty. RE-MAX Realtor had no paperwork and there are six Children and of Which Three Adults and one is 18 and 20 are sleeping on the floors of church members, because the sheriffs said go get another order and get the keys back from Re-MAX realtor. I could not believe that when asked to be arrested that she was placed in the police car and finally received a citation from the police so we could have our day in court remember that woman that was in florida where she can not sleep because they were turning the keys well In the door I will not tell you the behavior or comments. What i can tell you is that I saw for the first time in my life Doris Atkins hold her ground against a person in a uniform wearing guns, and she kept saying I want paperwork you are from the bank, and I am not going to hurt you you have guns I am mad you are trying to take my house and where is my 200,000.00 did you spend it on your mercedes. So tomorrow we will try to find a judge that will be honest and honor the fact but we will be filing an involuntary petition against Prommis Solutions Holdings, Inc. for locking us out with no warning and nine people is alot to find shelter immediately with no notice and only the clothes on our backs, pray for family and business partners, that helped us stand strong for our rights.
39. Based upon the foregoing allegations, Trustee alleges that the Deed of Trust recorded at Page 2155, Book 199, in the land records of Washington County,Mississippi secures nothing for its alleged holder BONY and, is therefore, a cloud onthe title.40. Trustee requests an order of this Court finding that the Deed of Trustis a cloud upon the title of Debtors and that it shall be striken from the land recordsof Washington County, Mississippi. Further, Trustee requests such other relief towhich she or this bankruptcy estate may be entitled.
COUNT III – VIOLATION OF THE AUTOMATIC STAY
41. The allegations set forth in paragraphs 1 through 40 above areincorporated herein by reference.42. Despite having its claim disallowed by this Court, BAC continues toattempt to collect the underlying indebtedness from Debtors. Such collection wouldcome from the property of the estate.43. The automatic stay of 11 U.S.C. § 362 has neither been terminated norotherwise modified with respect to any of the Defendants or property of the estate.44. BAC’s efforts to collect the underlying debt is a prior and continuingviolation of the automatic stay.45. Trustee is entitled to an award of actual damages in the amount of any funds wrongfully collected from the estate, punitive damages in an amountsufficient to punish BAC and the costs associated with this action, includingreasonable attorneys’ fees.
COUNT IV – FRAUD UPON THE COURT
46. The allegations set forth in paragraphs 1 through 45 above areincorporated herein by reference.
Case 11-01006-NPO Doc 1 Filed 01/07/11 Entered 01/07/11 16:59:37 Desc MainDocument Page 8 of 11
47. On August 2, 2010, with the intent to defraud this Court, the Trusteeand the Debtors, BAC caused to be filed an Amended Proof of Claim (Clm. #9-2), inwhich it included, as an attachment, a document which it hoped would support itsclaim as being secured. Said document was a purported Assignment of Deed of Trust executed by Roberta Hook who misrepresented herself to be an Assistant VicePresident of RMC. Said assignment was executed on May 5, 2010, and purported toassign to BONY the underlying deed of trust and the indebtedness secured thereby.48. Roberta Hook is not and has never been employed by RMC. Uponinformation and belief, Roberta Hook was employed by BAC as of May 5, 2010.49. The assignment was prepared by Morris & Associates, a Louisianalaw firm. The addresses for the Grantor, RMC, and Grantee, BONY were stated asbeing the same, being 7105 Corporate Drive, Plano, Texas 75024, which is an officelocation of BAC.50. At the hearing on Trustee’s objection to proof of claim, counsel forBAC, Michael Jedynak of Morris & Associates, identified this assignment as a“wildcard assignment.” As Mr. Jedynak described, the “wildcard assignments” werecreated by his firm and used for the benefit of their clients when his firm received afile from the lender or servicer where the client was not identified as the beneficiaryunder the deed of trust or assignee under any assignment of deed of trust.51. As agents and counsel of BAC, Michael Jedynak and Morris &Associates, presented to this Court a paper (i.e. the proof of claim) which was signedby Mr. Jedynak and who, in doing so, certified “that to the best of the person’sknowledge, information, and belief, formed after an inquiry reasonable under thecircumstances, – (1) it is not being presented for any improper purpose, such as toharass or to cause unnecessary delay or needless increase in the cost of litigation; (2)the claims, defenses, and other legal contentions therein are warranted by existing
Case 11-01006-NPO Doc 1 Filed 01/07/11 Entered 01/07/11 16:59:37 Desc MainDocument Page 9 of 11
law …; and (3) the allegations and other factual contentions have evidentiarysupport ….”
4
52. However, as stated by Mr. Jedynak at the hearing on Trustee’sobjection to proof of claim, his firm did not conduct (and do not regularly conduct)searches of the land records to determine the status of the underlying mortgageobligation. 53. Trustee requests that Court invoke its powers granted to it by 11U.S.C. § 105(1) and issue such order, process or judgment necessary to address thefraud of BAC and BONY and to prevent any future fraud or abuse of process.WHEREFORE, PREMISES CONSIDERED, Trustee, Locke D. Barkley,prays that this Court enter its order granting judgment for the following:A. A determination that neither BAC nor BONY hold both the Note andDeed of Trust;B. A finding that the Deed of Trust is either void or satisfied and anorder to the clerk to strike it from the land records;C. A finding that BAC has violated the automatic stay of 11 U.S.C. § 362and order an award of actual damages in the amount of any funds wrongfullycollected from the estate, punitive damages in an amount sufficient to punish BACand the costs associated with this action, including reasonable attorneys’ fees;D. A finding that BAC and BONY purposefully committed fraud uponthis Court and order such sanctions and other remedies necessary to address suchfraud and to prevent any future fraud or abuse of process; andE. Such other relief to which the Trustee and this bankruptcy estate maybe entitled.
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Fed. R. Bankr. P. 9011(b).
Case 11-01006-NPO Doc 1 Filed 01/07/11 Entered 01/07/11 16:59:37 Desc MainDocument Page 10 of 11
Dated: January 7, 2011Respectfully submitted,LOCKE D. BARKLEY, TRUSTEE BY: /s/ W. Jeffrey CollierW. JEFFREY COLLIER – MSB #10645G. ADAM SANFORD – MSB #103482Attorneys for TrusteePost Office Box 55829Jackson, Mississippi 39296-5829(601) 355-6661 /s/ William Lawrence DeasWILLIAM LAWRENCE DEAS- MSB#100227Deas & Deas, LLCCo-counsel for TrusteePost Office Box 7282Tupelo, MS 38802
leapfrog
Very important to post this case — thanks. Alabama is not a front runner state in legal precedence. Anyone in Alabama should be outraged by this decision — and – let’s hope defendant – Congress – appeals.
Whether a judicial or non-judicial state — “Holder” law applies — but “Holder” means not only possession — but also conveyance. This has been established by many other states. A “Mortgage Loan Schedule” is invalid without a Mortgage Loan Purchase Agreement (MLPA) — and that MLPA must be valid. A MLPA CANNOT be an INTENT to convey — and, I have never seen a MLPA that is not an “intent” to convey.
Further, there must be demonstration that — years after the the loan was “validly” conveyed — the loan STILL remains in the trust. IF servicer did not advance all payments to the trust — loan CANNOT AND DOES NOT- CURRENTLY — remain in the trust. Again, and Again, and Again — without production of remittance and distribution ledgers — there is NO PROOF — that the loan remains in any trust.
Court in this case –says up to the defendant to prove — well defendant cannot prove without complete compliance in discovery.
What defendant can prove without discovery is that no MLPA was produced. Mortgage Loan Schedule without production LEGAL MLPA is invalid.
However, and no offense to Alabama residents, Alabama is not a front-runner on the law.
Agree, with Charlie – as to class actions However, in states like Alabama — class actions may be the only option to defend against the old boy network.
Other states are running circles around Alabama as to investigations. It is quite clear from trustee responses to NJ Order to Show Cause — that trustees have nothing to do with foreclosures. Foreclosure proceeds are not being remitted to trustees for said trusts. Thus, Alabama is in the dark — and maybe a class action is warranted — only then can real discovery be commenced.
Similar case here. Just unbelievable. Wells Fargo now gives us 30 days to move out!!
I would really appreciate some help here.
thelariat@att.net
Long story.
Interviewed with two class-action cases forming here in CA. Have doubts they can stop bank from further action. TROs don’t work here.
the same they did to bank of america in alabama they need to do to the MOST CORRUPT ONES COUPLES (indymac and deutsche bank )
in new york.
they wrongfully foreclose on me.
luis martinez 917 254 2749
anybody can call me at anytime.
i need help to fight wiht this monsters.
I and several people I know are going through the same fiasco as Dory Tallent above. Several of the people I have talked to have their mortgage through different banks. But all of the HAMP modifications are being handled through their banks Houston Texas office. I find it hard to believe that every bank in the U.S. doing a HAMP mod is located in Houston. I’m beginning to think this is just a Clearing House for ALL HAMP program loan mods. It’s just another part of the scam. Question for everyone? Is your bank working the HAMP mod through a Houston Texas location? If so, please contact me and we’ll schedule a trip to Houston to find these crooks. Can you imagine the look on their face when a few hundred people show up.
Sorry guys, it was a post I had saved and came upon again, it was posted on June 5, 2010.
Foreclosure Fraud crisis in our courts- from a consumer prospective.
After I read the above post, somehow I stumbled upon it, because I get so upset reading what is happening.
I’d also like to say, Shame on you lawyers, who take on Defendant’s foreclosure cases and do not defend, knowing, what your initial responses should be, but instead file bs and waive defendants right to assert if not caught in time. It is really shameful you call yourselves lawyers. You know who you are. Just in it to take people’s money and contribute to these stinking mills, guess your under some sort of agreement with them…
So, take a good look at yourselves tomorrow morning and change your ways and decide to help the person who hired you, not jerk them around, take their money and not give a crap what happens to them.
I have had this done to me and thank god with the help of these blogs and many others, I have been educated to a certain level to regain my position against these bs plaintiffs & mills.
Take a moment and search your soul for who you are and then take stand on the side of the fence you want to be on. Earn your money honestly.
Check out Matt Weidner’s page today.
My situation to a T.
Lis pendens 5/09, served 6/09, plead lost note and owner holder. No further information. Vague….
Copy of Note, showing alleged originating lender.
No pleading of assignment or plead any legal, equitable transfer. Nothing.
Asg recorded 8/09. To a trust with no name.
Two years later they now have a trust name and a stamped endorsement. filed late 2010.
Ps, originating lender under bankruptcy protection since 4/07 and cease and desist, 3/07.
What a scam, these judge’s need to follow the rules like the post on Weidner’s blog.
That is what us taxpayers have them there for.
Nonsense. They should be ashamed to look in the mirror knowing what they wake up to do everyday. Apply the rules of the court. And fail to do.
When we think if the Loan as dead I say it never lived … It never made it thru childbirth you understand it was doomed at inception for default swap
Dory – So sorry to here all you have been through. Nothing will change unless we stand up and say we have had enough. Here’s a link to a story about a BOA Hamp modification lawsuit for people in your situation. Maybe you can all share information or join in.
http://www.usatoday.com/money/economy/housing/2010-09-10-mortgagemods10_CV_N.htm
Used car guy..,well said
John, thank you for your post.
Yes, yes indeed, BofA DID receive TARP funds. Have they helped the masses of homeowners in dire need of loan modification, who are either risking foreclosure or already had their homes foreclosed on? Hell no! They’re squatting on those monies, like a hen on an egg.
B McDonald, Please send a link to that Colorado decision. Please. It’s very important. Post the link here or email to me at johngaultwhoam@yahoo.com
Your assessment of its significance is accurate. It’s a very fundamental issue of law which most of us have forgotten all about.
I want to thank everyone in this post who has taken the time to reply to my horriffic ordeal. I want to especially thank the ones of you who have contacted me personally today: you have given me a wealth of information and I thank all of you from the bottom of my heart. My husband and I DO WANT TO SUE THEM, as we both are firm believers that they should pay for what they are doing to people. Sad part is, there are so many out there who are too scared to fight them back, and simply walk away from their homes. I know there are millions of others this is being done to. I have the patience, and the persistence, to tell my tale, in great detail as I have every aspect of this notated in call logs, back mortgage statements, and letters we have received. It seems the only news BAC can deliver in a letter is BAD NEWS, because the only leters we have EVER received from them have been notices of intent, or something saying they are dragging their heels processing a loan mod.
I still continue to get the run around in trying to deal with BAC. I think I still contact them just so the employees that work there can incriminate the company just a little more, and a little more… 😉
The representative I spoke with last night, for the 8th time, told me that updated documents never left their building on Dec. 4, 2009. Of course, I documented it in my ever growing notebook of call logs. Sunday afternoon we go to meet with an attorney. I hope she’s tenacious like I am, and is out for their blood.
Dory, I am so disheartened by your story. I’m sure it’s representative of many people’s stories. A lot of these companies record these work-out phone calls for their own reasons. If you file a quiet title action, or something, anything, maybe you can get these recordings which are reduced to writing by the companies who record these calls, on i and b. You got tricked into paying a lot of money you would not have paid had you known you were getting hustled.
This is such an insult to injury.
You could have given these funds to an attorney had you not acted in good faith with those jerkies.
I’m a big fan of Obama, but if his administration doesn’t start doing something to see that our funds
which were advanced to these yeah-hoos are actually used to help us keep our homes, he is going to be in for a nasty consequence in 2012. I will be a single issue voter, like a lot of people. Only one court that I know have has even ruled that HAMP has a private right of action. Otherwise, courts say we can’t even sue for enforcement of Hamp. It’s an outrage and sadly so typical of government.
Didn’t B of A receive TARP and other funds? I don’t recall the ‘participants’ off hand. I will look for an attorney for you in Alabama. Email me at
johngaulwhoam@yahoo.com
Charlie
Do you really think the “people” determining how this is going down give a rats ass about a soldiers life, yours, or the United States for that matter…
http://www.ebaumsworld.com/video/watch/1044358/
They are treasonous traitors seeking only self gain and should be seen as such by the public, the law, and whatever God there is. It is very disheartening to think about all the people that are and have stood up for the idea of democracy is being cast aside.
Charlie: Great post
Pamela Edwards:
We have thousands of such stories and most of those homes have already been lost I am sure.
Class action Lawsuits are NOT the answer, I personally see that as another way of “unjust enrichment” for the attorneys, who are the ones that make all the money…..everyone has an agenda, money it’s certainly not the root of all evil, but it certainly is a great motivator for Wall Street to become the devil himself.
Our amazing armed forces are protecting us round the clock from foreign threats, thousand giving up their lives in the name of our safety and freedom, I sincerely appreciate those brave men and women, and I also applaud their courage and uncanny moral; I only wish for one thing……..that those brave forces would protect us from the threats right here inside our very own land and home, those threats are far more damaging….directly to the American people. While being protected from outside evil, the “domestic” evil and greed it’s killing us all, one soul at the time…………..How is it possible for an institution like BAC to use and abuse people the way they do? my opinion…..because someone with the authority to stop is purposely looking the other way…………… Long live our beloved America.
I live in Colorado and I found a CO Supreme Court Case that said a valid defense in our non-judicial foreclosure process was a “waiver and estoppel defense.” What they said in the ruling is IF the beneficiary of the deed of trust accepts payments after they declared a default, they waive their ability to declare a default has occurred and are estopped from invoking the acceleration clause. Since B of A has accepted your payments, I’ll bet there is something like that in your statutes and case law.
The Court also said that because the terms of your agreement has changed, multiple times, they cannot enforce the terms of the first agreement any longer as if nothing has changed.
The Court also declared the “real party in interest defense” was a valid defense because if the party foreclosing does not have any financial interest in the underlying loan being foreclosed upon, they cannot bring ANY foreclosure action therefore no default has occurred either.
From what I’ve seen, most foreclosures are happening because the “power of sale” is being exercised in the deed of trust. The key issue is that ONLY the party named in your deed of trust may exercise the power of sale. I doubt B of A owns the underlying loan or is the current beneficiary of your deed of trust.
From what I’ve seen, there is no working anything out with these lunatics. The only course of action is to sue them. Don’t send them any money. Use it to sue the crap out of them. If you’ve kept every record of the fiasco they’ve put you through, it sounds to me like you may have one hell of a case. Nobody can accuse you of “trying to get a free house.”
Hopefully helpful info re: BAC/Countrywide…
If you have Countrywide/MERS on your loan documents, check your assignment–if it’s like mine, the assignment will be from MERS as nominee of Countrywide Bank, FSB to whoever. The problem for them is, the FDIC declared Countrywide Bank, FSB an “inactive institution” as of April 27, 2009. My assignment took place in August 2009, but still used the “Countrywide” designation. Don’t know if that helps, but do with it what you will…
You have to admire thier tenacity, at least they fought and did not just walk away.What a horror story but there are so many of them out here that need to be told.You know if we sold the movie rights to this we could make millions.LOL
Used car guy:
Racketerring comment is good. Has anyone read the provisions of the MI policies that are out there and know exactly what is going on with repect to how that insurance is paid? Also, do we know the status of the MI company reserves for payout of claims? Do we know which MI coverage is available on which loan and most importantly how much pressure can the owner of the note and the servicer apply to assure they get paid on each and every claim. This is a real issue that I experienced in the 80’s but not heard much about this time around. Most insurance companies require a 60 day notice and it is still questionable about whether or not these MI companies should be subsidizing the homeowner to help him stay current.
The MI is issued to protect the lender; however, by subsidizing the monthly payment, the servicer is protecting the owner of the notes interest and allowing the borrower in many cases to stay current at least until he is able to recover his hardship. If not, then the lender still gets the money paid during that default payment amount.
The servicers have changed their view on this as is referenced by used car because those MI companies rather than doing what they use to in helping the homeowner, may have been instructed by the servicers to not subsidize the homeowner so that the servicer could continue with the default.
As I said, this is an issue for investigators whom I surely they have already looked at, but offered no opinion.
And remember, most MI insurance cost which supposedly was for the benefit of the lender (so they say), it does help the homeowner in reducing his deficiency if one should be filed. The lender cannot be paid twice for the same transaction and we need to see if this will hold, maybe not.
Where are the general ledgers from the BK courts, the REO sales, etc which clearly show the income to the lender on any foreclosure or sale? The borrower most surely has a right to defend himself against deficiency suits and in other ways that would permit his requiring the lender to cough it up.
Homeowner generally is paying for the policy through a monthly premium or as in the case of Countrywide, it was factored into the interest rate. The Countrywide deals did not allow the removal of this cost at any time whether 80% or not. The regular MI insurance was allowed to be cancelled in many cases (although some rejected) when 80% was proven with a good pay record. Here again, this needs to be investigated according to the deed of trust provisions and disclosures at closing. In othrwords Countrywide people did not get the rate they thought they were getting because you could not cancel the mi.
As for Radian MI, this is an insurance that the lenders on subprime loans purchased they say for their best interest. However, again, not disclosing it, part of the rate they charged most surely was part of the cost. There has not been any contribution by Radian as far as I know to help a homeowner who is temporarily in a hardship.
Your comments are welcome because the stories have become so horrific that it is difficult to keep up with the real truth of the matter.
And the politicians whisper amongst themselves, hoping that it all goes away soon. After all, the stock market is doing well.
What everybody is missing is that the fraudulent foreclosure cannot occur until the loan agreement is defaulted. Borrower default, whether or not it is “servicer-induced”, is the trigger to the windfall profit for the bank. Once a notice of default is issued, mortgage insurance claim notification has already occurred. Default notice is the servicers’ ticket to the insurance proceeds. Now the borrower is subjected to collection calls, extortion, and deceptive practices via inducements to pay on a “modification” that doesn’t modify anything. The loan is DEAD. The end result is a re-affirmation of extinguished debt.
Take that a step further. A loan that was never assigned to the trust, for whatever reason, or a loan whose assigned security has been dissolved, is on the books as an uncollected debt (liability) on one side, and an asset (OPEN LOAN) on another.
Somewhere in between is the truth. But the loan is, none the less, extinguished.
File your lawsuit. Fraud on the court, claims maturing after pleading, unfair and deceptive acts and practices, STANDING, STANDING, STANDING.
If you have ANY fraudulent documents, file a RACKETEERING CHARGE naming the servicer, trustee, and law firm(s).
Make them work to take your house.
Speaking of Alabama. Anyone see this yet?
http://www.nakedcapitalism.com/2011/03/paul-jackson-declares-misson-accomplished.html
Could the fact that my modification resembles this one exactly, save for the amounts, point towards a pattern and practice on this servicer’s behalf?
The only thing they’ve modified is legal theory and black letter law.
Zoe:
Exactly – but since our law enforcement is not doing anything or if they are we do not know what it is, then we have to look to ourselves. We cannot cuff link anyone can we unless we take some action ourselves. Everyone keeps making the same comments, but no one has yet to tell the individuals how to do something they themselves can control.
We just keep on talking. Next week, we are going to go to small claims court to see what, if anything can be done. Okay Judge. We will see what side of the fence you are on.
This sounds way too familiar. When I first came to the Internet to research my options, for what I thought was the most outrageous case ever of servicer conduct, I was completely shocked to find thousands that mirrored my case to the T. Just like this one.
If someone misplaces documents once (while fees and arrears accrue), it might be poor attention to important details and needs some sort of penalty; if someone does the same thing again, it warrants loss of job. If someone does this thousands of times, it is out and out fraud.
WHERE ARE THE HANDCUFFS?
Coming up with a viable plan for the State of Alabama, more specifically, the county in which you are located is critical. I have a recommendation that needs to be scrutinized to see if it might possibly work: All comments are valuable and hopefully, some of you will produce some.
It is going to be real simple:
The individual homeowner files a single suit which includes injunctive relief through a TRO with the Court 30 days from the date the servicer received your package. It is up to the homeowner to so document what he is sending the first submission date so that if the answer has not been received by the allocated time frame (no more than 45 days), the suit becomes effective. NO more bull ****
The standing complaint will be: unless the permanent modification is processed within a 45 day period and signed sealed and delivered, then in that event, the lender/servicer will be required to make the payments from their corporate account on behalf of the homeowner until the modification process is complete and performed as required by law. With the proper support evidence in hand, before the Judge, it should so be ordered. The people of each state have a remedy for those Judges that do not judge the case on its merits – no more rubber stamping for the lender/servicer.
This should alleviate the delay tactic because we all know that there will be no real modifications approved. and the homeowners penalty phase continues to line the profits of the servicer.
Further, the conflict of interest by Fannie and Freddie and other finanancial lenders paying bonuse and incentives for modifications – OUT AND ILLEGAL. This clearly breeds whose file gets looked at the soonest and whose does not and in doing so works against fairness doctrine (is there one?)
This plan is not intended for homeowners out there that are simply trying to buy additional time because it is backed up by a deadline.
There are issues with this plan, but unless each state comes up with a plan and a strategy to pull it off, we may never reach the resolution that we hope to get.
Yes, the servicers will come up with their own plan to counter this one, but we have to start doing something now, sooner rather than later.
As it stands right now, there are those in TExas that are going to go to Small Claims Court and file a complaint with the proper support to back it up.
For those judges who cannot follow the law, they would not have to worry about it after the next election.
It is up to the individual and what he thinks he is going to get. His main endeavor should be to get a modification satisfactory to both parties.
Personally, going for modifications has been made a mockery of by the federal government as they work in tandem with the loan servicers – so what does that tell you – go it alone unless you can get an attorney and get the plan for your county and state. There are advocates out there that will help you and I believe that some of the legal aids are helping to prepare homeowners to handle their cases pro se. A little something the Judges do not want done so we are investigating the accuracy of these plans by such advocates and legal aid firms.
All of the information presented on this site has been terrific but the degree of difficulty for one to pursue some of these courses on his own is overwhelming.
Can such a plan work? Let’s hear why it won’t and be done with it and start looking for another.
I am not a believer of any kind of modification except in extreme cases. It is my plan that the banks based on a pro rata basis – that they put up the 20B as a supplement to the individual, not the the servicer. They have paid billions to servicers on the pretense of reducing balances of the homeowners. As I understand it on a few billion of the $75B of the TARP is still sitting in the Administration’s reserve. Not so sure about that – follow the money.
I am sick and tired of the taxpayers funding other cities and communities so they can buy up foreclosed or abandoned properties. Where are the general ledgers on these deals. These muncipalites instead of playing nice with the banks should simply take the properties without compensation to the banks because they have not maintained the property they say they own. But they have made laughing stock of the cities and towns and the realtors and non profits are buying those homes back and reselling them when their real fight was to stand behind the homeowner and keep him in the home in the first place. Ask your mayor and any other politician running your town about why they did not go after the banks and cancel their charter to operate. Is the OCC the only one that can deny the banks. Well people, you can help it along by just not doing business with them.
I promised myself I would not get all involved in this stuff because not enough people are making themselves known to make sure that the banks and financial institutions don’t continue to take liberties with us.
I hate it about the profit sharing and pensioners, but hey, guess what, I believe the banks are using as their excuse – to make profits for the investors. Like I said, what goes around, comes around and the investors had best step up.
Class action suits don’t get it. All the money goes to the attorneys even though I now they do some work on the case. I will call you today regarding this. I am working on several cases very similar to this right now. Same old story for them as well.
There can be no acceptable excuse for this and I want to know, do you think the people can stop it or are we just whittling down to very few. That is what they are waiting for – for everyone to tire of the situation, particularly if the economy improves.
The American people themselves that are doing well are looking after themselves. They are not stepping up to demand these companies operate in good faith and fair dealing. A little something that is going to come back to them for not helping those that need help to take a stand.
We are at a turning point, but no one recognizes it to the extent that they should
What a shame.
This odyssey with BAC sure is a doozy. I am surprised that the homeowner remained calm emough to write it all out for us.