By John R, submitted anonymously to Lending Lies.
First, a little Personal History
I lost 9 properties to bank fraud back in the mid 90’s.
I tried to legally fight them, but who knew how and the legal system was more than hopeless, they were the piranha.
Sure they’d represent me, but I had rental property so it would be an upfront fee of $10,000 “to review the case”. If I’d had that kinda money I wouldn’t have needed their help.
Now a lot will think that all I did was go out and buy houses with nothing down techniques and start collecting rent, but nothing could be further from the truth. I bought single and double family houses that were in boards, and then I, all by myself, did whole house rehabs on these places. I replaced walls, electrical systems, plumbing systems, heating systems, roofs, carpet, bathrooms and kitchens all. I did all the labor. And I was credited with starting whole neighborhood housing revolutions in 2 of the neighborhoods I owned in.
I was using Credit Cards, finishing the houses one at a time, renting them out and then refinancing the houses to pay off the credit cards. I’d done 5 and made an agreement to do more with my Bank. They agreed to future financing on any new projects, I did 4 more houses, went to refinance them and was completely stonewalled from any financing. Never a late payment on anything, all houses fully rented.
Later I found out just how profitable it really is to foreclose for the Banks.
When I lost, I had, by the Banks Appraisals, over half a million in equity. Now that’s not total equity, it was double that, that was MY equity. Through the wonder of “Deficiency judgments” the Banks took all that. And between add on’s and Court Fees, they took another $100,000, forcing me into Bankruptcy. I filed Chapter 7, total and complete.
And for the next 12 years after filing Bankruptcy, that very same Bank reported on my Credit Report that I still owed them all that money and hadn’t been making payments on it. Ruining my credit at a time in the US when everyone was living high on the hog on credit, I had none.
I took Credit Clearing Courses, I sent in over 100 letters, the Bureau’s would contact the Bank and the Bank would say something like “you know, he’s right, he doesn’t owe $28,000 on that one, he owns $62,000! And my Credit Report would get adjusted WORSE! They once had me owing $6,000,000.00 on 5 houses in neighborhoods where $40,000 was a luxury home.
Having 3 kids and child support, I tried job hunting, being previously a Senior Network Administrator for my State Govt. No jobs! Besides having experience and excellent references, my credit rating kept me from employment. Child support got late, the courts forced me to take a course in how to find a job. I submitted 400 applications in one day. When I went in front of the judge with the results 1 month later, I gave him BOTH of the “don’t call us we’ll call you” replies. He asked me why, I explained my credit issues. He understood and let me go, never to bother me again or offer any solution or even hope.
I said all of the above so you would understand my qualifications to speak on this subject.
I have lived the life, walked the walk and am still living it. I have been in foreclosure, again, for 3 years come this February. I’m a better fighter now though.
And here… I want you to stop for just a moment and pay attention to how you feel about your own situation. Right or wrong, good or bad, I just want you to stop and take a moment and get it squarely in your mind how you feel in general about your own situation.
Depressed? that would be pretty normal.
Defeated? yea, that’s a big and normal feeling too.
Humiliated? that’d be another one…
Rejected by Society? Alone? Unappreciated? Hopeless? all of these would be normal…
If you can think of any more just email me back and I’ll add them to the list!
Now I want you to take all of those feelings and place them in a bucket inside your mind somewhere. We need to place them out of the way, off to the side, don’t worry, they’ll still be there if and when you want them back, and they’ll show their ugly faces even if you don’t want them back, but for this little exercise you really need to gather them up and put them aside.
Cause you’ve been screwed! And you need a clear mind to digest what I’m trying to say here.
All on those feelings I’ve described above, those are the feelings that the people who’ve screwed you want you to have. They want you to feel guilty about your situation. They want you to feel hopeless. They want you to just give up. They want you to suicide out… Because that’s how they win.
As Americans we’re taught that we have rights. WRONG! It’s a tenant of our law that if you don’t stand up for your rights, then you give them up.
That’s what the thieves want. That’s how this game is played. You don’t fight, they win. You commit suicide, they win. Simple isn’t it. Suicides is actually their PREFERRED method of winning. It’s just so final. NEXT!
Legally fighting them, that’s the one they hate the most. It costs them money.
What do you think would happen if EVERYONE and I mean EVERYONE (including you!) already or getting foreclosed on, filed counter-suits against the Banks? For the sake of this argument, ridiculous or not counter-suits. We would have a HUGE flow of money going out of the Banks, and into the Attorneys of this Country’s pockets! That’s bad for the Banks! The Banks wouldn’t always win.. again bad for the Banks and our Courts, ya gotta love em, after a while they’d start sanctioning (as they should already be doing now) so they could make some of that banker money too! Once again Bad for the Banks.
These Bankers, they’re pretty bright bulbs you know. Specialists in finance, marketing, math, social sciences, psychology….
They sit around and get paid oodles of money just to figure out how WE will react to circumstance. That’s why they want you to live in that bucket of feelings you set aside above. It’s more profitable for the Banks. They’re all about control.
As I said above, you’ve been screwed. You were lulled into complacency with easy credit, you were cajoled into that wonderful feeling of false security with add campaigns and they were teaching you all just how smart you all were to be rolling your credit card balances from a high interest to a lower one (of course the real object is to make you think about your credit card more hours of the day… all hail credit!) You got frequent flyer miles, you got checks for extra credit in the mail, you got a free $100 if you opened your account here or there. All of it solely designed to raise their necessity in your lives while slowly brainwashing you. You thought you were being made love too.. you weren’t made love to, you were screwed.
And then the morning came, and they had other things to do, so they up and walked away. Taking their credit with them. Knowing the position they put you in and knowing what next to do to take whatever they wanted from you.
Pissed? I am.
But it’s not politically correct to get mad anymore!!!
Who’s spouting that crap! I’ll bet he’s got a wad of cash and Corporate backing. If you’re reading this I assume you don’t.
This Country was built by pissed off people. Riots, demonstrations even war. Not that I’m espousing war, I am not. At least not the kind where we go out and kill people.
There is a saying I’ve found that describes my feelings very well… “war is the result of justice too long delayed”. And, by and large, from the decisions I’ve read coming out of our court systems, justice is being WAAAAAAYYYY too long delayed.
So, from the mind of a 15 veteran of foreclosure, I say this to you all. Forget about suicide. It’s counterproductive to the problem. You’d only be helping the enemy and is that really what you want? You want to help an enemy to destroy the Greatest Nation in the Planet Earth’s history? Even in your deepest depths of depression, and yes, I’ve been there, just check out the graffiti on the walls in the Valley of depression to find my initials, I don’t think you really want to add to the ruination of this country.
So the war is on. We foreclosure fighters don’t need dead bodies, we need live ones who will engage the enemy. We need people willing to dedicate their time and energy and whatever resources they can personally muster to find the ways, find the means and help in the fight against these buttf_ckers! And we must engage the enemy on THEIR GROUND and on THEIR TERMS. That means in the Courts and in the public eye. And most importantly, in their pockets!
This is a tough fight. The odds are overwhelmingly against us. They have unlimited resources, including our Government (which BTW we’re supposed to own). The Laws are a myriad of obfuscated and biased hurdles that must be at the least understood. And they’re different in every state and also in every County! And the people administering the Law, well, most of them graduated from college well before the concept of securitized mortgages was even invented. It may not be a crime to be ignorant, but it sure is unhandy when you’re fighting Goliath and the Judge has no clue as to the legalities of mortgage transferring within the realm of securitization and really, usually, hasn’t even read your defense. And that’s the way it’s been so far in most cases.
But things are getting better. Information is now out there. Some people are actually getting their houses back! And sometimes, they get the house and it no longer has a mortgage on it. But rightfully, letter of the Law legally, this is still no ways near the law. There are several defenses that destroy the Banks rights to collect on that debt. And there are many, many more, that if the violations are included within your particular case, should LEGALLY, LAWFULLY and JUSTIFIABLY result in several thousands, like 6 figure several thousands, of dollars in penalties ALSO awarded to the homeowner. They started it and the Laws are on the books, you deserve to be compensated for your misery, despair and even the inconvenience of having to fight in the land of the Law. If you fight for it, then it IS your right as an American.
But hey, you came here because you were thinking about taking the long, cold walk anyway right?
Here’s a thought. Give it 6 months to today, whenever today is. Vow to educate yourself just as much as you can about the screwing you got and where it came from, how it came, who were the players? Did you look deep enough? It’s easy to think you have it, and then another week goes by and you find out it was deeper than you thought! More Players!
And it’s that way ON PURPOSE! You can’t forget, the real players (be they individuals , Corporations, Governments or Cartels or whatever) in this mess hired the elite of the smartest the education industry could produce to invent and carry out this mess and Scapegoats have been around since before Jesus’s days. Robo-Signers? = scapegoats. Lawyers who got rich building business’s with the Robo-Signers? = Scapegoats. A millionaire these days looks rich, but the Forbes 400 richest men on the planet hasn’t had one millionaire in it for years. These guys and/or Corporations are Billionaires and Trillionaires.
We need your help whittling them down to size.
Your Credit rating is sh_t. My Grandpappy and his Father and his Father and his Father going back to when my Great, Great, Great (by the power of however many it takes) crawled from the slime and stood erect never even had a credit rating and they survived good enough that I get to enjoy my morning coffee. It was a created illusion. Part of “their” plan.
“This is all just to confusing and I’m never gonna be able to figure it out”… SO WHAT! The fight won’t be won by just one smart cookie with a silver bullet, it’s gonna be won by countless individuals standing up and at least pretending to exercise the rights we’re all supposed to have by right of being an American! LEARN! Knowledge is the real power and that’s what they’ve stolen from you. The WANT to know.
And if you lose, come on back for rounds 2, 3 and 4 and 12! Find a way!
“But my situation is different!” REALLY? Different from every one of the last few MILLION who’ve already lost their homes? Somewhere, someone else is going through exactly what you’re going through right now. Find them, talk to them, help them out as best you can. You’re not alone and neither are they. We’re Americans one and all. In times of crisis we help. And we’re not the Govt., we actually DO help.
Now remember, that bucket of feelings I talked of earlier? Well you’ll still have it in six months. You own it, it’s now an integral part of you and the Banks are going to do whatever they can to make sure you wear it as much as possible… remember.. that IS their game. And they are studied and good at what they do.
But just keep that bucket of feelings off to the side for a while. It’s not often easy, but you’re eventually going to need all that stored up emotion, because that’s where the motivation lies to fight these b_stards.
When you start feeling depressed, down and out, alone and all those other horrible feelings, and believe me, you will, I want you to ask yourself, at the very first bad feeling, I want you to ask yourself, what just brought that on? Something on the News? They control the news. Someone else down and out and it reminded yourself of your own situation? Well guess who’s the ones responsible for that other person (most likely) in the first place? How about, I just can’t help it, the feelings just come out… OK, when you’re feeling that way, remember first, you’re not alone and then recall who put you there. It’s OK to be angry. We’re all humans and that means we all got a full range of emotions coming into this world. You just gotta learn to direct it in the most productive direction that you want it to go. You can, you have before. No one lives in this country without learning to handle their anger… unless maybe you’re in prison. There’s a lot here to be angry about.
You can do this, you are NOT ALONE and We NEED your help.
You’ve been lied to and disillusioned for years! But take my word for it, if the sun comes up in the East in the morning and sets in the West in the Evening…. it’s a good day! Recognize that fact. Everything else is just icing on the cake… let’s whip these b_stards and reclaim our heritage and our lives.
And in 6 months, to the day, when you get out that bucket of emotions and don those robes again, if you still feel the same way, goodbye. I won’t grieve for you. From my perspective, you went the wrong way. You didn’t learn to take that bucket of emotions and use it as your god intended… to defend yourself. You didn’t learn the biggest lesson in life… how to turn the fight and struggles of life, into having fun. More the pity, we could have used your help
John R.
Filed under: foreclosure |
We need to get organized , they are coming after my third property now !!!
We bought the house for 375k with 150k down and 4 years of payments @ 1900 a month, the house was worth only on the market at the time 190k we still owed 255k and was in default for 21k when they got through with us.. we want ed to keep our home not sell we tried to negoiate but WF clearly wanted to take the home. It was such a SCAM to put us in the HAMP program..
James, if you had 200k cash in the home, why didn’t you sell it and pay off the mortgage?
Remember: In these small communities it is ripe for fraud, counterfeiting, perjury, etc…and in the District Court, everyone knows everyone…I call it cowboy court! Who do you think gives a freakin’ clerk or an assistant clerk authority? My best guess; the Clerk of Courts, who is usually a lawyer, been running the place for years. A conflict of interest and passing directly over the “rule of law”, and land ownership regulations, rules, laws! Non-lawyer opinion.
And what I meant by use the Federal Court. When they file against you, have the case removed to the Federal Court. Much more expensive for them and the issues become more relevant, not an incidental nuisance like District Court. After reading hundreds of cases it appears the Federal Courts are moving in the right direction…at least I see more homeowner successes. Let’s hope this continues.
My opinion here, nothing more. You have a better chance in the Federal Courts. More knowledge and sophistication, again IMHO.
Never sign anything other than a settlement. It gives them a pass to securitize, not in the REMIC as they claim. (notice every FC appears to be tied to the original Trust, even if it is empty). The judges do not even question who the party/Plaintiff is…and the indorsements, transfers-assignments. And in the case of: you owe someone, so it doesn’t matter who forecloses; I beg to differ. Having New Century, in the transcripts it clearly states: many of the loans sold to the servicing platforms were done so, “free of encumbrances”, DAH?
Not for anything here, but in my estimation having hired lawyers and them deceiving me, multiple times, taking money I did not have to lose, they understand very little about the banking process, securitization, bonds, security instruments and UCC rules…and once you hire a lawyer you have to sit silently while everything you worked for goes “down the tubes” as they say!
We all have down payments, payments, insurance, taxes, in some cases upgrades, maintaining the property…a significant investment, from where I sit. The property is not theirs to steal.
And the only people getting a “free house” are the instigators of these suits. They have NO losses…IMHO
And if all else fails use the bankruptcy court. Lacking legal knowledge in this arena is common, even for lawyers. What have we got to lose? Let them pay, twist them in the wind, if possible.
I too am in court right now, eight years in. Just on the face of the case, which should be evident to any judge with good eyes, I have HUD statements, 3 copies of ONE original, 4 total ( Ha, Ha, Ha…). Guess what folks? They all have different signatures, on the second page which should be the closing attorneys signature, it is mine and looks nothing like my writing (holding them side-by-side), and the closing amount numbers are different. This is what is being presented at the minimal document level. It goes on and on…I have ledgers, SEC files, transcripts from Delaware (New Century stuff),…a paper trail to choke a horse. And it has been dismissed 3 times, while in the clerks hearing she authorized a new sale again….and the last thing: if any of you are in a non-judicial state, OMG. The clerks are not qualified to hear these cases, period. If you do nothing, appeal that ruling.
Just a laymen opinion. I’d rather fight than lay down for these thugs. There is honor in that! And if you do nothing you will lose.
Well written! Best point – bury these guys in litigation including these courts. When people decided to become judges they probably thought they would be presiding over many important cases – reality check – there dockets are filled with foreclosure cases every day. Millions so far and millions more to come as this house of cards economy will collapse under the weight of its own debt. SO – file – file- file!
Many guys we read like Neil and Gary always say hire a lawyer and then say their aren’t any lawyers out there that really know what they are doing anyway. So go pro-se as opposed to going away.
As for those feeling – everybody knows somebody that is being foreclosed on – its like every kid has a friend or themselves that comes from a broken home – it part of who we are. Wear your battle as a medal of honor.
The system is rigged! Sound familiar?
Sounds like my story almost exactly I lost over $472,000 worth of property in 2008, the thing that came out of this experience is that I emerged bigger better and stronger than ever. The thing you have to remember is that the banks have very few laws they can use against us and we have a multitude of laws we can use against them. The law that I’m using right now and setting them up for yet another lawsuit is 15 USC 1681i a I’m not dedicating my life to screwing with banks but I am going to give it as much spare time as I can and cost them as many hundreds of thousands of dollars in litigation as I can possibly Force out of them. After all it is just a game and I am going to have as much fun as possible.
Thank u for putting all of the fraud in a bucket and trying to help some of us compartmentalize the bank shenanigans. We are on 10yrs of fighting on TILA,REGZ, ROBOSIGN, and a contract that was never signed.Notary fraud presented in mediation, $11,000. in unrecorded payments, wirefraud, bank fraud, no title policy, still fighting, now add Bayview Servicing to the BOA and COUNTRYWIDE Fraud. We will continue to try and right the wrongs in GOD’S name,
Thanks for the motivation John! In the fight Pro Se for over 7 years.
“WHEN INJUSTICE BECOMES LAW, RESISTANCE BECOMES DUTY”. Thomas Jefferson
Thanks John I’m in the fight for 6years and more determined than ever
Yes John, we must fight and let these banks know we will fight until our last breath! I fought the bank and won. It took me 6 years, 3 were in federal court. Bank fraud up the wazoo! If it wasn’t for my background in Real Estate Law, Real Estate Mortgage Lending, Underwriting, and finally, a mortgage fraud investigator I would have lost this case…or would I? I just thought I had a sufficient background to stop this fraud! The fraud reinvents itself everyday! It doesn’t matter how many times a bank is sanctioned, sued nor how much money they lose….it’s all about the cost of doing business….Banks have millions/billions set aside just for this purpose….don’t ever think you are really hurting the banks! What it takes is dedicated study just like John said. I had to recreate myself and my abilities. I had to reach out to others to fill in my gaps of knowledge. OMG what an education! I have learned more in this case than I ever did in my background of expertise. Take the emotion out of it and make it your first or second job.
I have dedicated the rest of my life to helping others get through this. I am going to give you a glimpse of a itemized list of things to do first.
SET UP A PHONE LOG!!!!! When talking to your servicer, make sure you get their name and employee number/operator number. Date and conversation content.
Create a “My Story” log. Date by date of occurrences that have happened all during your experience with the servicer. Keep adding to it. Remember this isn’t just incase you find yourself in a foreclosure position, but because the servicers teach and hire unskilled labor in mortgage lending. They teach them what they want them to learn or not learn. You have to educate yourself….or you loose! You have to know your rights.
#1. Save every bit of correspondence to and from your servicers. (Put them in chronological order. (I put them in plastic page covers as well) Including emails! Do 99% of your communication in writing!!!!!!
#2. Set up binders with your evidence/correspondence.
#3. Make sure you have *signed* copies of all of your closing documents. If you signed it…you want a copy of every document. If you only have the RESPA signed documents, get ahold of the title company and get copies instantly. They will destroy them after a few years. Title companies do this on purpose. They wouldn’t have a job if they didn’t support the servicers/phony trusts/banks/realtors etc. MAKE SURE YOU HAVE COPIES OF THE WIRE TRANSFERS WHEN YOU CLOSE! Demand them! Make sure you have copies of all of the final l003s (loan applications) all 4 copies you sign at a purchase closing.
#4. Go to the county clerks office and ask for help to find all documents that have been recorded against your property. Go back to when you either purchased the property or refinanced it. Get certified copies of these documents. Put them in your binders. This is to include but not limited to deeds of trust, Warranty Deeds, Quit Claim deeds, Assignments, Foreclosure documents etc.
#5. Send out QWRs to your servicer/bank. (qualified written request)
Ask for explanations of the issue….Including who owns the note. Ask for a copy of the Mile Stone report. (Chain of title for sales of the note/assignments) Make sure you ask for a full financial accounting of this since day one of the loan. (I have copies of good QWRs forms)
#6. Copy of your Homeowner’s insurance policy including the Declaration page. Complete Bankruptcy papers as well.
#7. Originals or copies of all annual Escrow Analysis that was sent to you by your servicer/Bank. You truly may not know why you need all this but trust me, you will need every bit of the above.
#8. Now you are ready for an evaluation of your case by someone who does have a clue about this stuff.
#9. Find a document examiner, forgery fraud examiner if you can afford it. Everyone’s case is a little different…the banks only have one thing in mind….FORECLOSURE when ever possible. Modifications are only a revolving door to foreclosure. You are being set up!
#10. You may or may not be able to afford an attorney. Even if you can afford one most don’t have a clue and only care to get you into court to charge you for the “10K”.+ They get into court and have not done their homework. They cave before you do and blame it all on you instead of taking responsibility and educating themselves. Yes, I train attorneys! LOL
You can’t file against these banks without knowing what your rights are. I had to use several attorneys with different specialties. They will want to see the above documents. Set up a file in your computer, scan them in… name each document or groups of documents. When you contact an attorney, they are going to want to see the Deed of Trust, (DOT) Note, Assignments, Bankruptcy papers. etc. Do yourself a favor and have these collected, scanned and ready to send to a perspective attorney, or have them ready in a power point presentation for the court in or out of pro se. More cases are won by giving the court and jury a visual so that you or your expert can discuss this and show them where your rights were taken away. I can not tell you how important it is for you to study the issues at hand. Who’s on first, what was or is their responsibility, what laws have the servicers/banks broken. Study RESPA, TILA laws as it pertains to your case. Study FDCPA rules, Garn St. Germain, successors in interest it’s under RESPA. Study Contract law, as it pertains to your Deed of Trust and note. Study the Servicer’s PSA (Pooling and Servicing agreement) Google Pooling and servicing agreement just to see what the heck it is! This is how you win. You have to know your rights! I soooooo agree John R. (-; We have to help each other!
The number one way I won my case was to read blog after blog from various websites. #1 is Livinglies!!!!!! Take notes, create a book of notes and put them in order of topic. Research, Research, and more Research. For some, walking away is easier. My ranch had been in our family for 150 years. I was never going to give up. The banks need to hear that you are never going to give up.. I may have a huge background in mortgage lending and real estate, but I can tell you I didn’t know half what I thought I did. The fraud of 20 years ago isn’t the fraud of today. Quiet title is more than likely the only way to clean things up. It will force the original lender out in the open if they can be found. Saves a ton of money on your whole case. Secure your property first. Stop the foreclosure… there are ways to do this if done in a timely manner. I can see properties now and in the future completing sales or refinances only after a Quiet Title action.
God Bless you all in your endeavors against the banks.
Here’s to taking back America one loan at a time.
Renoir
Yes John, we must fight and let these banks know we will fight until our last breath! I fought the bank and won. It took me 6 years, 3 were in federal court. Bank fraud up the wazoo! If it wasn’t for my background in Real Estate Law, Real Estate Mortgage Lending, Underwriting, and finally, a mortgage fraud investigator I would have lost this case…or would I? I just thought I had a sufficient background to stop this fraud! The fraud reinvents itself everyday! It doesn’t matter how many times a bank is sanctioned, sued nor how much money they lose….it’s all about the cost of doing business….Banks have millions/billions set aside just for this purpose….don’t ever think you are really hurting the banks! What it takes is dedicated study just like John said. I had to recreate myself and my abilities. I had to reach out to others to fill in my gaps of knowledge. OMG what an education! I have learned more in this case than I ever did in my background of expertise. Take the emotion out of it and make it your first or second job.
I have dedicated the rest of my life to helping others get through this. I am going to give you a glimpse of a itemized list of things to do first.
SET UP A PHONE LOG!!!!! When talking to your servicer, make sure you get their name and employee number/operator number. Date and conversation content.
Create a “My Story” log. Date by date of occurrences that have happened all during your experience with the servicer. Keep adding to it. Remember this isn’t just incase you find yourself in a foreclosure position, but because the servicers teach and hire unskilled labor in mortgage lending. They teach them what they want them to learn or not learn. You have to educate yourself….or you loose! You have to know your rights.
#1. Save every bit of correspondence to and from your servicers. (Put them in chronological order. (I put them in plastic page covers as well) Including emails! Do 99% of your communication in writing!!!!!!
#2. Set up binders with your evidence/correspondence.
#3. Make sure you have *signed* copies of all of your closing documents. If you signed it…you want a copy of every document. If you only have the RESPA signed documents, get ahold of the title company and get copies instantly. They will destroy them after a few years. Title companies do this on purpose. They wouldn’t have a job if they didn’t support the servicers/phony trusts/banks/realtors etc. MAKE SURE YOU HAVE COPIES OF THE WIRE TRANSFERS WHEN YOU CLOSE! Demand them! Make sure you have copies of all of the final l003s (loan applications) all 4 copies you sign at a purchase closing.
#4. Go to the county clerks office and ask for help to find all documents that have been recorded against your property. Go back to when you either purchased the property or refinanced it. Get certified copies of these documents. Put them in your binders. This is to include but not limited to deeds of trust, Warranty Deeds, Quit Claim deeds, Assignments, Foreclosure documents etc.
#5. Send out QWRs to your servicer/bank. (qualified written request)
Ask for explanations of the issue….Including who owns the note. Ask for a copy of the Mile Stone report. (Chain of title for sales of the note/assignments) Make sure you ask for a full financial accounting of this since day one of the loan. (I have copies of good QWRs forms)
#6. Copy of your Homeowner’s insurance policy including the Declaration page. Complete Bankruptcy papers as well.
#7. Originals or copies of all annual Escrow Analysis that was sent to you by your servicer/Bank. You truly may not know why you need all this but trust me, you will need every bit of the above.
#8. Now you are ready for an evaluation of your case by someone who does have a clue about this stuff.
#9. Find a document examiner, forgery fraud examiner if you can afford it. Everyone’s case is a little different…the banks only have one thing in mind….FORECLOSURE when ever possible. Modifications are only a revolving door to foreclosure. You are being set up!
#10. You may or may not be able to afford an attorney. Even if you can afford one most don’t have a clue and only care to get you into court to charge you for the “10K”.+ They get into court and have not done their homework. They cave before you do and blame it all on you instead of taking responsibility and educating themselves. Yes, I train attorneys! LOL
You can’t file against these banks without knowing what your rights are. I had to use several attorneys with different specialties. They will want to see the above documents. Set up a file in your computer, scan them in… name each document or groups of documents. When you contact an attorney, they are going to want to see the Deed of Trust, (DOT) Note, Assignments, Bankruptcy papers. etc. Do yourself a favor and have these collected, scanned and ready to send to a perspective attorney, or have them ready in a power point presentation for the court in or out of pro se. More cases are won by giving the court and jury a visual so that you or your expert can discuss this and show them where your rights were taken away. I can not tell you how important it is for you to study the issues at hand. Who’s on first, what was or is their responsibility, what laws have the servicers/banks broken. Study RESPA, TILA laws as it pertains to your case. Study FDCPA rules, Garn St. Germain, successors in interest it’s under RESPA. Study Contract law, as it pertains to your Deed of Trust and note. Study the Servicer’s PSA (Pooling and Servicing agreement) Google Pooling and servicing agreement just to see what the heck it is! This is how you win. You have to know your rights! I soooooo agree John R. (-; We have to help each other!
The number one way I won my case was to read blog after blog from various websites. #1 is Livinglies!!!!!! Take notes, create a book of notes and put them in order of topic. Research, Research, and more Research. For some, walking away is easier. My ranch had been in our family for 150 years. I was never going to give up. The banks need to hear that you are never going to give up.. I may have a huge background in mortgage lending and real estate, but I can tell you I didn’t know half what I thought I did. The fraud of 20 years ago isn’t the fraud of today. Quiet title is more than likely the only way to clean things up. It will force the original lender out in the open if they can be found. Saves a ton of money on your whole case. Secure your property first. Stop the foreclosure… there are ways to do this if done in a timely manner. I can see properties now and in the future completing sales or refinances only after a Quiet Title action.
God Bless you all in your endeavors against the banks.
Here’s to taking back America one loan at a time.
Renoir
John ,you have a big story , but let me tell my story ,may be you will not believe I am still alive :
Foreclosure in 2011 , one on the business property and one on the private property . TWO accidents , not my fault ,still wait for Insurance payment since 2013/2014 .TWO Mercedes total loss , My Mom died ,
my Mother in Law died , I also will have listed my cat with 20 years died, that was the last fun.
Broker in jail for almost 4 years for fraud , I lost my case anyhow
in the court two times , now we close to 6 years foreclosure , so I will not go to the court again, because it is the same judge , but I will move out off my house,what never was underwater ,because I am now tired of the system . I have one more hope , and that is the CFPB .The people work hard and get FBI,OCC and ?? involved .
I also find another hole : Did you ever print out your Underwater home on the CORELOGIC Website in 2011 and weeks later again ,
My home price change on one day almost $ 30000 wow , so the bank may be would not even close my HELOC account and would save me all this trouble for 6 years.
I offer my help.
Thank you,
Tim Collins
Sent from my iPhone 206.919.6005
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Well I can tell you that 6 years ago I got foreclosed by WF, mine was a second home NOT EVEN ELIGIBLE FOR HAMP “YET” Wells F%uk O put me on it without even doing any due diligence to see if I should be on it… 6 months later tells me “ME MADE A MISTAKE” but you have to make up the default??? I had 200k in that home CASH and 4 years of payments… like you who have 10k to hire a lawyer and nONE around here even had a clue anyway. I had NO CLUE what to do, never been in a situation like it.. credit screwed, lost a home and all the money. My wife cried for at least a year losing her home it was where we were going to retire to in a few years. I will NEVER do business with Wells Fargo again if I live forever. I NEVER should have been placed on HAMP. They should NEVER have offered it to me.