Below is a letter from Arkansas Congressman French Hill, a whip at the House Financial Services Committee. Hill is interested in writing a bill that actually empowers the consumer and small lenders including credit unions called the Financial Choice Act.
Send your emails to : French.Hill@mail.house.gov
Subject line: “Dodd-Frank Anecdote.”
Dear Friends,
Much of my professional life was spent in banking, with the last 15 years spent running a community bank in Little Rock. It was here that I saw first-hand the damaging effects the Dodd-Frank Act had on smaller banks and the customers who had traditionally come to us seeking capital and access to credit. In part, this is what inspired me to seek public office and use my 30-plus years in the banking industry to provide sound input in creating financial regulations that make sense for the American people.
At our bank, our primary customers were small business owners, families wanting to purchase a home, or those looking to start a business. In 2010, Dodd-Frank was signed into law with the promise of helping smaller financial institutions thrive and ending “too big to fail,” while pumping life back into a sputtering economy.
However, since then, none of that has happened. Instead, the biggest banks have gotten bigger, with “too big to fail” essentially being written into the law. Instead, “too small to succeed” has manifested and created a banking vacuum in Small and Medium Town, USA. Our country has experienced the slowest economic growth since World War II, and business formation is touching Carter-era lows. Dodd-Frank hasn’t lived up to its promise, and it is time to move beyond it.
As the Whip on the House Financial Services Committee, I will be working with members of our Committee to craft a bill that will actually meet the needs of consumers and help spur economic growth. Through our Financial CHOICE Act, we will be reforming the misdirected regulatory policies that have hurt consumers and business of all sizes.
Committee Chairman Jeb Hensarling and the rest of the members of the Committee are seeking input as we design and then debate the Financial CHOICE Act. If you are a banker, a consumer, or an industry expert who has a story about how Dodd-Frank has affected you, we want to hear it. Please send those stories to me at French.Hill@mail.house.gov with the subject line “Dodd-Frank Anecdote.” Your experiences are important to us, and we want to make sure that they are captured as we retool regulatory policy so that it positively affects economic growth in our country.
Sincerely,
Representative French Hill
Filed under: foreclosure |
Julie and Anita — how can it be that you made all the payments and are still in foreclosure? How does the court justify this?
AnonymousNJ — not easy in courts. Do what you have to do and don’t expect anything.
My Appeal was filed last week ..it could take 6 months to 1 year before the Appellate Division decides my Appeal. The Trial Court granted the servicer Wells Fargo Summary Judgment , stating that my timely TILA Rescission did not mention that I was offering to pay Tender . the Plaintiff had never raised that argument, they simply stated that we did not have a right to rescind ..but they never produced any evidence such as the signed acknowledgments ..they said that after 3 years you can’t raise that you rescinded ..the court agreed …then I motioned for the Court to reconsider in light of Jesinoski …the court denied my motion and said I had never offered the tender in my Rescission letter.
So my Appeal is filed …. But today the Sheriffs Sale date was placed on my front door … March 21, 2017
I am allowed 2 statutory stays ..each stay is for 2 weeks
What should I do next?
If I motion for the trial court to stay pending appeal they will most likely deny the motion… Then I can ask the Appeal Court to stay ..but not sure if they would without me putting up money or bond ..
Should we consider filing a Bankruptcy with adversarial pleading against Wells Fargo as an unsecured creditor?
Hate to lose the house while my TILA Rescission is under appeal
Wow Anita. You go girl! I face the same situation. Why isn’t this a done deal. How come someone isn’t doing something to put bankers and corrupt court officials behind bars. I just can’t understand it. You said everything I’ve wanted to say but knew it would not be heard. I’m tired of this. My banko to save my home is my last straw but I’m so very tired of this because it never ends.
Anita, you are not alone.
The unconciousability of the contracts allow for it.
Ask the Title Insurer for a “Payoff Statement” for the Grantors Mortgage.
&
Ask the Debt Servicer Scum for a “Payoff ” on the borrowers note.
TAKE A BITE OUT OF CRIME. A BIG BITE !
To Representative French Hill ‘WHO DO YOU REALLY REPRESENT? You claim to be drafting a new law on behalf of the Consumer? I find that very hard to believe. As the state representative you have failed to protect the rights of consumer/homeowner in your own home state of Arkansas a (Non-judicial Foreclosure state). Rep. Hill.. Please! PLEASE explain why Citimortgage Inc. has been allowed to continue to execute Illegal Foreclosure proceedings against homeowner/consumers in the state of Arkansas? How is it that you sit on the Finance House Servicing Committee yet two of the worst Illegal Foreclosure mills continue to operating in the state of Arkansas? Why have you failed to investigate constitute complaints and reports of Illegal Foreclosures, mortgage fraud, corruption in the state of Arkansas executed by Citimortgage Inc.,on behalf of The Carroll Mortgage Group,by Wilson & Associations and the Mickle Law Firm? Why have you failed to investigate the corruption in the Eastern District Arkansas Bankruptcy Court? The bankruptcy court judge and trustee are bias (pro-bank) repeatedly manipulating and delaying the administrative process of bankruptcy cases systematically denying homeowners due process under the law. Again, Rep. French Hill, “WHO DO YOU REALLY REPRESENT?” What is the purpose of this new “Law?” Are you truly concerned about the consumer? Your actions and inactions do not reflect the statements documented in your letter. You claim that you are concerned and want to protect the rights of the consumer. The Dodd Frank Act-regulations and laws to protect homeowners needs to remain in place. Consumers/Homeowners need for Congress and Representatives like yourself to enforce the law. I’m a 100% disabled veteran who NEVER missed a mortgage payment. My mortgage servicer Citimortgage Inc. instituted Illegal Foreclosure proceedings against me on August 31, 2012. I was forced to file for bankruptcy on March 20, 2012 to protect my home from the Illegal foreclosure. Citi filed a Proof of Claim (POC) in the Eastern District Arkansas Court asserting that the loan was in Default and arrears required to cure the Default at the time of filing totaling $12,626.88. On January 14, 2015 Citi filed a purported “Amended Proof of Claim’ in the Eastern District Arkansas Bankruptcy Court the amount required to cure the Default owed on the mortgage loan account was ZERO (0) dollars I OWED NOTHING!! I NEVER MISSED A PAYMENT! .Citi unlawfully, attempted and threatened to enforce a debt knowing that such debt was not legitimate.Citi never held in their possession documents to support the right to execute foreclosure proceedings against me.Citi, defrauded, falsified information and mislead federal and state government entities by filing False claims, affidavits, pleadings asserting the existence of the Default and indebtedness that did not exist. Citi allowed the inaccurate Proof of Claim to be treated as accurate by the Eastern District Arkansas Bankruptcy Court, collected payments under the Proof of Claim, effectively advocating the accuracy of the claim even after evidence had been provided to Citi by my attorney that the claim was inaccurate. My attorney Ms. Latonya Austin (The Austin Law Firm) and I meet with representatives from the Wilson & Associates Law Firm and provided Citi with a copy of bank statements, canceled checks that confirmed that all mortgage payments had been made in accordance with the loan contract and instructions provided by Citimortgage Inc. Citi informed Wilson & Associates that the Default was valid and instructed that foreclosure proceedings be executed against me. I was forced to file for bankruptcy case #4:13-116541. Citi, delayed filing the Amended Proof of Claim for over 19 months as opposed to statutory requirements. I have been forced to pay over $25,000 in legal fees to defend myself from the Illegal Foreclosure. The purported Amended Proof of Claim filed on January 14, 2015 is incorrect and still fails to credit all payments made toward the principal balance and fails to correct errors in the Escrow Account. In a response letter dated December 15, 2016 Cit Executive Response Representative Mr.Jim Bauer denies that an “Amended Proof of Claim was ever filed in bankruptcy case #4:13-116541. Citimortgage Inc. has submitted a Response letter “False Claim” to your office as well as the Arkansas Attorney General Office. Citimortgage Inc. continues to violate the law by acts of IMPUDENT NON-COMPLIANCE in the state of Arkansas!!! My mortgage loan account is still inaccurate. I have been denied reimbursement for the legal fees in the Eastern District Arkansas Bankruptcy Court. I have been denied an injunction to stop the sell of my home basically denied the right to have the illegal foreclosure address in Federal or State court. Rep. French Hill ‘WHO DO YOU REALLY REPRESENT? What is your agenda? Is it to protect the rights of the Consumer? Rep. Hill you wanted to hear from consumers.Well, your constituents in the state of Arkansas need to hear from you!?? What are you going to do to protect the consumers and homeowners in Arkansas? I’m a homeowner who NEVER missed a mortgage payment and yet Citimortgage Inc. was permitted to executed illegal foreclosure proceedings against me and my residence. I have been battling in and out of court with Citimortgage Inc. for over 4 years!! Citi still has not corrected the mortgage loan account and continue to threaten to foreclose on my residence.
W Fraudgo millions of fake accounts tip of the iceberg compared to us. Every one of tbtf banksters need to be shut down. LA officials forced to push WF case by LA Times but ignored fraud and settlements while claiming to be tough on Wall St. Can’t let them cover up the iceberg!
Wells Fraudgo,
Charged with opening 1-2 million fake accounts, is in deep on this one.
They had the unmitigated gall to ask for arbitration, rather than face the music.
If each of the 1.5 million harmed consumers is awarded $1000.00 that’s $ 1,5 billion. If they are awarded 5,000.00, thats $7.5 billion.
And then we have the thousands of employees who wouldn’t play along in openening the fake accounts and were fired, that’s a whole other set of liabilities.
I think that this may be their undoing.
The judge in the case denied their request that they go into arbitration.
Ha!
Second to reinstate the Glass-Steagall act. Chase and ALL major banks need to pay for their fraud over so many many years. We are sick of paying to be continually duped by the bullies. So many are well aware of this blatant and judge backed thievery.
Reblogged this on Deadly Clear and commented:
Rep Hill – Read my blog. Dump Dodd-Frank and watch the banks fail. It’s merely a crutch the banks and Fed use for why they can’t succeed…laughable. Get your money out of Wall Street and let ’em go. Then reinstate Rep Gabbard’s NEW and IMPROVED Glass-Steagall.
As A Victim of Fraud from Wells Fargo would say none of those people on the Banking Committee have helped us homeowners
On Tue, Feb 14, 2017 at 5:02 PM, Livinglies’s Weblog wrote:
> Neil Garfield posted: “Below is a letter from Arkansas Congressman French > Hill, a whip at the House Financial Services Committee. Hill is interested > in writing a bill that actually empowers the consumer and small lenders > including credit unions called the Financial Choice Act.” >
Thank you for these posts to make ourselves heard.