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Countrywide Home Loans, Bankers Trust Of California N.A. illegal foreclosure, fraudulent and misleading practices, over charging of late fees, deceptive, blatant disregard for consumer protection laws Ripoff Simi Valley California
I became disabled in a car accident in September of 2002 and got behind...my car insurance company was slow/delayed in paying me wage replacement. Because of constant delays by my insurance company (Farmers Group)I couldn't make my payments on time and was put into foreclosure in May of 2003.
I tried to negotiate with Countrywide, I explained about my accident and that the money was coming, but they demanded the arrears be paid before July 7, 2003 Sheriff's sale.
Meanwhile, I get letters and notices from Countrywide and their lawyers. They sent me 2 different pay-off amounts, made mistakes in the notice they published and it was one screw up after another. I didn't know what was correct or if ANY of what they claimed I owed was accurate! I suffered from a traumatic brain injury in the car accident, and I had ALOT of trouble dealing with "normal" everyday things, but facing the foreclosure was a nightmare.I was so upset and scared, I didn't know where to go for help or what to do.
On the date of the Sheriff's sale I went to the courthouse to protest or try to do something to stop it! To my surprise it was post-poned! I was relieved and kept praying for more miracles. It was post-poned AGAIN!(To this day I do not know why!)
On July 17th my insurance finally notified me that I would recieve the back money (by July 21), and I immediately contacted Countrywide's "Foreclosure/Work Out" department and spoke with a supervisor by the name of "Hector". In order to reinstate my mortgage, he told me to send $3,075 by Western Union Quick Collect to a Countrywide Home Loans account in "Drake, CA." by July 21, 2003 and that he would order the foreclosure and Sheriff's sale on Aug. 7,2003 to be stopped and to simply resume regular payments.On July 21, 2003 I sent the money as instructed and I was SO happy and relieved I cried like a baby.
On August 6, 2003 at around 4:45 p.m. I recieved a call from Countrywide by a representative named "Jillian". She stated that they were NOT accepting the reinstatement funds I sent and demanded MORE before the sale the next day. She was asking for thousands, and I told her I couldn't come up with that much without any notice,then she "offered" to arrange for payments of $1200 per month. It was double of what I normally paid and I told her I couldn't afford it, she said she didn't want my house and I told her I DID. I protested to no avail, she said there was nothing she could do if I did not agree. I asked her why she waited until the last minute to inform me and that I had made an agreement with Hector, but she said that he wasn't authorized to make that agreement! She said they were sending my money back and I said I did not want the money, I wanted my house!Despite my hysterical cries, my house was sold at Sheriff's sale to Bankers Trust of California,N.A.
After the sale, I went from lawyer to lawyer who told me there was nothing I could do, to sell it during my redemption period.
But I was outraged that my house was literally STOLEN out from under me, and I pledged to take my battle as far as I could until I could get someone to listen to me! I stood my ground , and began to research and found out just how corrupt and fraudulentCountrywide/Bankers Trust in their practices.
Countrywide Home Loans is merely a subsidiary of a HUGE national AND international group of predatory investors; DEUTSCHE BANK from Germany (affiliated with Japan/Orient as well)!
We need to FIGHT back, go after the brain of the operations.I have compiled a list of violations of numerous state(mostly Michigan) and Federal consumer protection Laws that they are being allowed to thumb their nose at!
It's been nearly 2 years since the foreclosure started and I'm STILL IN MY HOUSE!There's one law that they have "overlooked" and that is "Thou shalt not steal". I urge each and every one who has had or is currently dealing with Countrywide to join me in demanding FTC/Attorney General file a Federal Class action Lawsuit. I urge you to file complaints with every State and Federal Consumer Protection Agency. We always have the option to go "Hollywood" too! God Bless and DON"T GIVE UP!
Lana
Ionia, Michigan
U.S.A.
Click here to read other Rip Off Reports on Countrywide Mortgage
23 Updates & Rebuttals
Andrew
Jersey City,New Jersey,
U.S.A.
Countrywide is a slime company
#24Consumer Comment
Sun, November 19, 2006
I've already had 4 mortgages in my life and my experience is most companies make mistakes and Realtors all lie...or shall we say misrepresent facts. The property I purchased was advertised with taxes of $2,500-, but in reality it was assessed at $5,000 at time of purchase. I called the Realtor to ask him about this oversight and he completely lied, saying "me no speak English..." Funny how his English was so good during the transaction. Lucky, I made over $100k in equity in under 2 years, due to good timing on my part, the scum bag Realtor actually ran into me a few months after an offered to sell the place for $20k more, wow that would allow him to generate another $19k commission, I told him to take a hike. Now, I get satisfaction ripping down all his advertisements on our condo listing public board. My advice NEVER TRUST A REALTOR, they are idiots, anyone can pass that test you don't even need a High School Education. They don't have a clue about various mortgages, taxes or market directions, they are just used car salesman selling houses. One of the things I've also learned about real estate is NEVER sell a property once you buy, you just don't win in the long run, the numbers are always more favorable for the longterm.
Now back to COUNTRYWIDE and what a slime company they are. They will require FLOOD INSURANCE if you are in some special flood zone, since Katrina that means living within a mile or so of a coastline or water way. So, I sent proof of Flood Insurance, Countrywide said they never received it. They automatically hand off all the LEAD's of their mortgage customers to their INSURANCE DIVISION. Yes, this is true COUNTRYWIDE IS FORCING FLOOD INSURANCE POLICIES FOR ABOUT $2,500- on their Mortgage customers and generating revenues for their insurance division. Whether this is legal, I doubt, but they should be forced to get the lowest cost insurance in this case. I ended up faxing, emailing and mailing proof of my condo's Flood Insurance Declarations pages. They screwed up my entire Escrow account. They never updated the Flood insurance premiums they so eagerly charged automatically, they messed up the escrow on my tax payments that would have resulted in another shortage if I hadn't caught it.
I finally, went directly to Yahoo Finance and looked up the main number for CountryWide and called Mr. Carlos M. Garcia , the
Chief of Banking & Insurance Operations and Exec. Managing Director at 818-225-3000. They refused to connect me saying he was unavailable and gave me this "supper" president's office type customer care agent name Cara. She was somewhat helpful and over the course of two days and many hours attempted to fix all the screw ups of countrywide.
The funniest part was when she told me that they fixed my Flood Insurance situation. They I get this letter in the mail, saying they refunded part of the money, but were still charging over 1,000 in premiums for previous lapsed coverage. I quickly called back Cara, who said it was an automatically generated piece of mail and was not accurate. I had expressed that the fact that my Proof of Flood Insurance Declarations page showed the previous years policy. I also explained that fact that accordingly Time Travel into the past has not been anything but scientific fantasy, so how could Countrywide charge past due premiums for events that did not occur. Yes, this is not a joke, CountryWide upon receiving proof of insurance, still attempted to go back and charge me Flood Insurance premiums for periods of time that has already elapsed with NO FLOOD OR LOSS. This is the equivalent the Airlines calling you up and charging you randomly for plane tickets for trips you haven't taken, no joke they claimed this was a legal practice.
Now, the real kicker, I live on the 8th Floor of a Concrete Luxury high rise condo built in 1988 with full firewalls, etc. I also always carry my own separate Condo Insurance policy. My building has always had a multi-million dollar Flood Insurance Policy since inception that was required by our bylaws. Guess what, the policy is renewed every July, so I'll have to go through this crap next year again. What a nightmare Countrywide has been screwing up my Tax Escrow and illegally charging me for Flood Insurance when I provided proof of coverage. I would NEVER recommend this company, they are the worst and have motivated me to pay off my entire mortgage extremely early. I have a great rate with them of 5 3/8 on a 30 fixed, but that was thanks to BankRate.com, Countrywide was charging about a point higher at the exact same time. I hope they loose lots of money on me over the next few years now that interest rates have increased. Hey, perhaps I will take my time paying off this one since I can get a better return with my other investments...
I hate you Countrywide for your deceptive and questionable practices and think you should clean up your act. I guess you were hoping that by illegally raising my mortgage payments by $200 per/ month I would just roll over and take it up the butt like many of your other customers, but I want the world to know the truth about the hell you have caused me and the aggravation. This posting is true and correct to the best of my knowledge however they may be some inaccuracies which are often unavoidable, therefore F/U Countrywide lawyers if you try and sue me for telling the truth of what a scumbag company you are. I'm entitled to my opinion, and this little diatribe should be take as not a matter of legal fact but of my opinion of your company based on my personal experience of dealing with your miserable company.
Steve
Asheville,North Carolina,
U.S.A.
When is reality a fact regarding any lender's position ??
#24Consumer Suggestion
Fri, February 10, 2006
I will say this phrase first and foremost, and it comes to me as personal advice from an old wise German Banker I have known for some years; it goes like this: "NEVER Trust a Banker"....
I won't go into all my former international and national dealings to venture capital firms, investment bankers, prime banks and their subsidiaries, etc. or how they operate from the wholesale end to the retail end. But, when you talk of a mortgage, in general as a rule of thumb, anytime a bank (lender) feels there is undue risk assessed against a loan obligation they have written, then in fact have ability to issue you a "call" on that note which usually would give you 30 days to meet the "call" (pay off the note), or they simply will take that property from you. I know of this already happening to people who have lost their jobs to outsourcing, companies going to mexico and overseas, downsizing, etc.. You will never hear about them in the newspapers. In fact, this scenario is what is worrying some I know watching the massive inflated real estate bubble going on around the USA right now.
Anyway, I sympathize with you, because I went through something similar in the past from circumstanecs out of my family's control too. Forget the nice TV & radio adds for a bank "wanting your business"... When it comes to any debt obligation outstanding, and for whatever reason you cannot pay (even if you are in catch 22 situation), the bank can and will start foreclosure on you and could care less what your emotional state is or the reasons behind why they are not getting that contractually obligated payment from you monthly... If you have a major accident, like we did, and attornies rep. you, then your hands are at mercy of the attornies and their processes which could go on a long time to get satisfaction from the guilty party or their insurer.. You have massive medical bills accumulating regardless.
See, my family was devastated by a car accident me and my 4 year old were in, and our new car which didn't even have first payment made at the time, was rear ended in traffic by a utility company truck while we were stopped (driver on cell phone not watching traffic ahead of him), and in a years' time, months of therapy for both of us, and countless hospital and emergency bills, treatments, tests, etc. throughout, our lawyers still have no settlement from Zurich Insurance; and the medical establishments or even mortgage companies could care less you cannot pay the charges for their services "on time"- so they go to collection and your credit suffers badly!! The thing with a foreclosure (you do not want this to occur), is basically, once you have "foreclosure" indicated in any manner on your credit report, you might as well give up ever getting any mortgage loan again in all honesty regardless if the lawyer's attornies allow you to dig out from under it, the foreclosure will remain on your credit report at least 10 years or longer.... YOU will be seen as the worst risk around to any lender if you are labelled unable to manage your mortgage and seen as simply renigging on your loan and walking away from paying it as contractually agreed.
In my opinion, and others share this with me too, is our current credit system is outdated and based on 40+ year old principals of family, life, income, inflation, etc.. Based against today's realities in this nation, it actually is seen as a system set up to make you, the borrower, fail at the benefit of those who loan/control any monies whether prime lenders or subprime lenders (you become marked & labeled or discredited or stand out even regarding employment background checks and for worries of potential terrorist converter even); and really little regulation exists to limit what interest rates or practices they can operate under and why so many operations are so close to that very thin line of "fraud" or "predatory lending" you hear about...
Yes many "good people" are becoming labelled as "bad people" simply because of circumstances out of their control, no matter how hard they work, or try to reason with someone, or do all they can do to service out-of-control debts they must pay... A very viscious cycle indeed...
Heather
Miami,Florida,
U.S.A.
I am in the same position
#24Consumer Suggestion
Mon, February 06, 2006
Lana
I don't know how to ask you without you having to reveal all your personal info to the hordes who read this website. I am trying to research as much as possible for my own case. I am trying to research as much as possible on my own. I have been to the FHA website... I can go to the FTC website. In my own case I was in almost daily contact with a young lady in the office of the president, I even asked her for a loan modification because they were complaining I was at least six months behind which I wouldn't have been had they posted the payments correctly... But as you say we have to be our own advocates until someone sits up and takes notice...If there is somewhere you can steer me to without jeopardizing your own position I would appreciate it.
R
Portland,Oregon,
U.S.A.
Countrywide IS NOT a subprime lender.
#24Consumer Comment
Sat, January 28, 2006
They have a division called Spectrum that does their subprime business.
Countrywide is at least the 2nd largest mortgage company in the US. They're a reputable, reasonable outfit that does not screw people. I've had 8 mortgages with them since 2000. Never had a real problem, just a few mix-ups.
I've never, ever had a late fee etc. They have a great online payment system. But you do need to pay them.
Heather
Miami,Florida,
U.S.A.
Check out rules under RESPA, FHA, HUD and FTC....yeah for the intenet.
#24Consumer Comment
Sat, January 28, 2006
I have just found this web site. It is a curious thing with Countrywide, how even the smallest of transactions with them get skewed. I am in a similar position fortunately my house has not been sold out from underneath me yet. My story is the same and fortunatly I have a lawyer. Yet there is nothing that can compensate for the stress that this sort of practice puts us through. Its a curious thing how Countrywide seems to target those people in unfortunate circumstances. Could this be cooincidence? Countrywide put me in foreclosure the first time for a check that got returned and unnoticed by me they continued to deposit the subsequent mortgage checks until they decided to foreclose on me. I paid them to get out of it. Lo and behold the lawyers who represented them are now in a class action for exhorbitant fees. The seond time it seems that for the loan modification agreement they charged exhorbitant fees then tried to foreclose on me again. Tried I say because guess what I have a receipt of all the payments. Imagine that. I am also lucky becuae the minute I had a problem with them oh yes they held on to an insurance check for 6 months and when I complained my payments suddenly vanished....I wrote them. My advice, do everything in writing, do not be satisfied with the phone calls. You may be in constant phone contact with them trying to sort something out and they will still try and foreclose. I also beleive Contrywide plants people on these websites to rebut all this bad press. Its my belief that this is the next big scandal. Lastly my neighbor who is the soul of timely payments just refinanced with Countrywide. A year ago They just started with the late payments and late fees although she pays them a week in advance of the next month's mortgage. Where there is smoke there is fire. Thank god for web sites like these because I thought I was all alone with my problem. Yes Julie there is a problem with incidents like these. This is called predatory lending practices. We are not talking about buying some insignificant item, even there are lemon laws for cars. This is our homes. This is the biggest single investment that most of us will ever make in out lives. And if anyone out there believes that insurance companies pay in a timely matter, that there are sometimes circumstances beyond our control like 911 that cause us to lose our jobs I have an address in the North Pole for you. Secondly I have just found this out, there are rules if these are FHA loans, check out the FHA sites, HUD, RESPA and FTC. I was told that if this was an FHA loan as mine is Countywide cannot even start to forecluse until after ninety days. We all know mortgage companies are in it to make money but it is still possible to make money without destroying people's lives and with a little bit of integrity. How much money is too much money, check it out the CEO of Countrywide made 50 million last year. Like winning the lotto. Countrywide prides itself on minority read sub prime lending. Its a lucrative market because most are blue collar, less educated and read this less able to fight back. This is called bullying.
Heather
Miami,Florida,
U.S.A.
Check out rules under RESPA, FHA, HUD and FTC....yeah for the intenet.
#24Consumer Comment
Sat, January 28, 2006
I have just found this web site. It is a curious thing with Countrywide, how even the smallest of transactions with them get skewed. I am in a similar position fortunately my house has not been sold out from underneath me yet. My story is the same and fortunatly I have a lawyer. Yet there is nothing that can compensate for the stress that this sort of practice puts us through. Its a curious thing how Countrywide seems to target those people in unfortunate circumstances. Could this be cooincidence? Countrywide put me in foreclosure the first time for a check that got returned and unnoticed by me they continued to deposit the subsequent mortgage checks until they decided to foreclose on me. I paid them to get out of it. Lo and behold the lawyers who represented them are now in a class action for exhorbitant fees. The seond time it seems that for the loan modification agreement they charged exhorbitant fees then tried to foreclose on me again. Tried I say because guess what I have a receipt of all the payments. Imagine that. I am also lucky becuae the minute I had a problem with them oh yes they held on to an insurance check for 6 months and when I complained my payments suddenly vanished....I wrote them. My advice, do everything in writing, do not be satisfied with the phone calls. You may be in constant phone contact with them trying to sort something out and they will still try and foreclose. I also beleive Contrywide plants people on these websites to rebut all this bad press. Its my belief that this is the next big scandal. Lastly my neighbor who is the soul of timely payments just refinanced with Countrywide. A year ago They just started with the late payments and late fees although she pays them a week in advance of the next month's mortgage. Where there is smoke there is fire. Thank god for web sites like these because I thought I was all alone with my problem. Yes Julie there is a problem with incidents like these. This is called predatory lending practices. We are not talking about buying some insignificant item, even there are lemon laws for cars. This is our homes. This is the biggest single investment that most of us will ever make in out lives. And if anyone out there believes that insurance companies pay in a timely matter, that there are sometimes circumstances beyond our control like 911 that cause us to lose our jobs I have an address in the North Pole for you. Secondly I have just found this out, there are rules if these are FHA loans, check out the FHA sites, HUD, RESPA and FTC. I was told that if this was an FHA loan as mine is Countywide cannot even start to forecluse until after ninety days. We all know mortgage companies are in it to make money but it is still possible to make money without destroying people's lives and with a little bit of integrity. How much money is too much money, check it out the CEO of Countrywide made 50 million last year. Like winning the lotto. Countrywide prides itself on minority read sub prime lending. Its a lucrative market because most are blue collar, less educated and read this less able to fight back. This is called bullying.
Heather
Miami,Florida,
U.S.A.
Check out rules under RESPA, FHA, HUD and FTC....yeah for the intenet.
#24Consumer Comment
Sat, January 28, 2006
I have just found this web site. It is a curious thing with Countrywide, how even the smallest of transactions with them get skewed. I am in a similar position fortunately my house has not been sold out from underneath me yet. My story is the same and fortunatly I have a lawyer. Yet there is nothing that can compensate for the stress that this sort of practice puts us through. Its a curious thing how Countrywide seems to target those people in unfortunate circumstances. Could this be cooincidence? Countrywide put me in foreclosure the first time for a check that got returned and unnoticed by me they continued to deposit the subsequent mortgage checks until they decided to foreclose on me. I paid them to get out of it. Lo and behold the lawyers who represented them are now in a class action for exhorbitant fees. The seond time it seems that for the loan modification agreement they charged exhorbitant fees then tried to foreclose on me again. Tried I say because guess what I have a receipt of all the payments. Imagine that. I am also lucky becuae the minute I had a problem with them oh yes they held on to an insurance check for 6 months and when I complained my payments suddenly vanished....I wrote them. My advice, do everything in writing, do not be satisfied with the phone calls. You may be in constant phone contact with them trying to sort something out and they will still try and foreclose. I also beleive Contrywide plants people on these websites to rebut all this bad press. Its my belief that this is the next big scandal. Lastly my neighbor who is the soul of timely payments just refinanced with Countrywide. A year ago They just started with the late payments and late fees although she pays them a week in advance of the next month's mortgage. Where there is smoke there is fire. Thank god for web sites like these because I thought I was all alone with my problem. Yes Julie there is a problem with incidents like these. This is called predatory lending practices. We are not talking about buying some insignificant item, even there are lemon laws for cars. This is our homes. This is the biggest single investment that most of us will ever make in out lives. And if anyone out there believes that insurance companies pay in a timely matter, that there are sometimes circumstances beyond our control like 911 that cause us to lose our jobs I have an address in the North Pole for you. Secondly I have just found this out, there are rules if these are FHA loans, check out the FHA sites, HUD, RESPA and FTC. I was told that if this was an FHA loan as mine is Countywide cannot even start to forecluse until after ninety days. We all know mortgage companies are in it to make money but it is still possible to make money without destroying people's lives and with a little bit of integrity. How much money is too much money, check it out the CEO of Countrywide made 50 million last year. Like winning the lotto. Countrywide prides itself on minority read sub prime lending. Its a lucrative market because most are blue collar, less educated and read this less able to fight back. This is called bullying.
Heather
Miami,Florida,
U.S.A.
Check out rules under RESPA, FHA, HUD and FTC....yeah for the intenet.
#24Consumer Comment
Sat, January 28, 2006
I have just found this web site. It is a curious thing with Countrywide, how even the smallest of transactions with them get skewed. I am in a similar position fortunately my house has not been sold out from underneath me yet. My story is the same and fortunatly I have a lawyer. Yet there is nothing that can compensate for the stress that this sort of practice puts us through. Its a curious thing how Countrywide seems to target those people in unfortunate circumstances. Could this be cooincidence? Countrywide put me in foreclosure the first time for a check that got returned and unnoticed by me they continued to deposit the subsequent mortgage checks until they decided to foreclose on me. I paid them to get out of it. Lo and behold the lawyers who represented them are now in a class action for exhorbitant fees. The seond time it seems that for the loan modification agreement they charged exhorbitant fees then tried to foreclose on me again. Tried I say because guess what I have a receipt of all the payments. Imagine that. I am also lucky becuae the minute I had a problem with them oh yes they held on to an insurance check for 6 months and when I complained my payments suddenly vanished....I wrote them. My advice, do everything in writing, do not be satisfied with the phone calls. You may be in constant phone contact with them trying to sort something out and they will still try and foreclose. I also beleive Contrywide plants people on these websites to rebut all this bad press. Its my belief that this is the next big scandal. Lastly my neighbor who is the soul of timely payments just refinanced with Countrywide. A year ago They just started with the late payments and late fees although she pays them a week in advance of the next month's mortgage. Where there is smoke there is fire. Thank god for web sites like these because I thought I was all alone with my problem. Yes Julie there is a problem with incidents like these. This is called predatory lending practices. We are not talking about buying some insignificant item, even there are lemon laws for cars. This is our homes. This is the biggest single investment that most of us will ever make in out lives. And if anyone out there believes that insurance companies pay in a timely matter, that there are sometimes circumstances beyond our control like 911 that cause us to lose our jobs I have an address in the North Pole for you. Secondly I have just found this out, there are rules if these are FHA loans, check out the FHA sites, HUD, RESPA and FTC. I was told that if this was an FHA loan as mine is Countywide cannot even start to forecluse until after ninety days. We all know mortgage companies are in it to make money but it is still possible to make money without destroying people's lives and with a little bit of integrity. How much money is too much money, check it out the CEO of Countrywide made 50 million last year. Like winning the lotto. Countrywide prides itself on minority read sub prime lending. Its a lucrative market because most are blue collar, less educated and read this less able to fight back. This is called bullying.
Sheri
Phoenix,Arizona,
U.S.A.
Julie, Julie, Julie Talk about scam artists! Countrywide tops them all!
#24Consumer Comment
Wed, October 19, 2005
First of all, Julie, you don't know what you're talking about. Talk about scam artists! Countrywide tops them all! Trying to deal with them is a joke. They are legally and morally unethical in their business practices and they are either unwilling to assist customers properly or just plain incompetent. I have dealt with them and they intentionally provide false information. It is quite obvious that they do this to force customers' properties into a foreclosure status. We are preparing to file a complaint against them and we definitely have the documentation to do it! So, my dear Julie, go tell your employer that they're going down! And, if you work for them, may God have mercy on you. Get it now! Because they will screw you over too! See ya!
Lana
Ionia,Michigan,
U.S.A.
Help is on the way.... your patience is appreciated.
#24Consumer Comment
Sat, May 28, 2005
David from Tenn.and others...
I realize that "my success" will help you succeed, and therefore I appreciate your prayers.
My "case" is extremely complicated, new developments unfold each day...due to the nature of my circumstances, I cannot give specific strategy details at this time.
The information I'm posting is just that, for information purposes only, and I hope it helps someone.
First, if you have ANY problem regarding your loan, call your lender and ask to have the problem corrected, send a request in writing for the specific problem to be corrected, never send "original" receipts/cancelled checks, etc, but do send proof asking for an answer in 30 days.
Failure to do so is in violation of Federal Law under RESPA.Send a copy of the letter you sent to the mtg. company to the FTC. You will get a response letter from the FTC, it is evidence in legal proceedings.
If the problem is being late on payments ASK for any and all reinstatement or loan modification programs available and GET OPTIONS IN WRITING, if you are asked to sign a reinstatement agreement or any modification to your loan, GET A LAWYER to check it over BEFORE you sign. Then if there are some parts that need to be corrected you won't be bound to a "doomsday" contract.(See the hardship paragraph in this posting for more options through HUD)
BUT IF ALL THAT FAILS, then here's some suggestions;
Meanwhile you need to be your best advocate. Do not assume that anyone else will care more or do more about your problem.Do not rely 100% on a lawyer to do it for you. They are people too and make "mistakes!" Ask questions politely demand and double check the answers! Make sure the advice,etc. is legitimate.
It's YOUR home, and you need to get on the defensive.Gather records and all documentation regarding your loan, keep a journal of events, telephone conversations,etc. TAKE NOTES. When you talk to someone regarding your situation, ESPECIALLY the mortgage company, get the person's first and last name, date, time and what was discussed.
Every State law differs from the next, it is best to do your homework on statutes concerning requirements a mortgage company MUST follow in your State's Foreclosure Law AND Consumer Protection Laws. Whenever you file complaints, specifically ask for a "proof of debt" and a breakdown of charges, fees, penalties, etc. Keep copies of everything you send!
In the same manner, file a complaint with the Federal Trade Commision, and with The Comptroller of the Currency which regulates financial transactions.
You can file many of these complaint forms on-line at government websites. Keep in mind that the company will get a copy of the entire complaint and will be required to respond within a certain deadline.
It is also very helpful to write a letter with your concerns to your Congressman, Senator, State Attorney General and Governor.
***Make sure you state in your complaints along with all REASONABLE results you are asking for eg. reinstatement, credit your account, etc.
Write an affdavit, your side of the story, in the order of the events. Use the documents you have to support your "story". You can use this when filing complaints and for court if it goes that far.
If you go to court this is evidence that you have attempted to protect your interest and dispute claims in the action taken against you. It won't stop any legal actions from commencing against you, but ANY judge needs evidence and reasonable grounds to act on claims. Make sure you state on record that you are seeking relief under State and Federal Consumer Protection Laws.(It will help in the event of an appeal)THEN you can ask to adjourn the matter pending outcome of results of your complaint, or post-pone any judgment from being entered until the claim is shown to be valid/invalid, that goes for the plaintiff and the defendant.
The whole point is it is up to YOU to give the court the evidence and the grounds to make a ruling. You must provide the evidence and which law was violated and the court upholds the law.You may also appeal any decision and the matter is "on hold" until the appeal is determined. That is why you must do your homework and be your own advocate!
On the other hand....
If you have a hardship case where you are in arrears and can't make your payments temporarily, go to Family Services through your State (a.k.a. "welfare")then apply for State Emergency Services fill out a (SER) form and also contact your state's HUD office, swallow your pride and ACT FAST because you will not qualify for ANY financing or State help for your house after the Sheriff's sale!!!!!! There are other loan and grant programs in each state for disabled and low income families. In some cases there is relief for other house expenses like utilities,insurance, taxes, and repairs so take everything you have with you..
Even if you think you do not qualify you must try. Don't assume, you could meet the reqirements or criteria and lose your opportunity. There are other community service organizations like the Red Cross, Salvation Army, etc. that can help.
There are certain laws to protect active military persons and veterans of the military in foreclosure. Contact the Veterans Administaration or Dept. of Defense for help.
FHA homes have extra protection too, contact them at once if you have a problem.
Do not take "NO" for an answer, call back and speak to another representative. People make mistakes and others may know something the other one didn't. Don't give up hope, keep looking, don't let pride prevent you from finding help.
I will post other information when it becomes available. Hope this helps.
David
Gallatin,Tennessee,
U.S.A.
Help others in your situation
#24Consumer Comment
Sat, May 28, 2005
It would be helpful to many to know how you have stayed in the house for two years after the foreclosure sale. I don't think "Thou shalt not steal" would be enough for the courts.
Did you file for bankruptcy? Are you paying your regular payment? Are you paying any payments? Did you ever have to catch the back payments up?
Lana
Ionia,Michigan,
U.S.A.
"Do as I say, not as I do" another self righteous hypocrite
#24Consumer Suggestion
Sat, May 28, 2005
Julie,and anyone else reading this...
Yes, it is true that there are some people who wish to slide through life expecting others to pay their way and avoid responsibility. The gate swings BOTH ways, in the private and corporate sector.
Obviously I'm not alone in my "opinion" because there are laws of the land that pertain to FAIR BUSINESS PRACTICE on State and Federal levels. Perhaps it is the corporate giants that have done more "studying" of the laws than the lawmakers themself.That automatically leaves the public at a disadvantage. The volume of complaints on this site pretty much states my case!
By the way, can you or someone else point out to me in ANY mortgage clause, the TRUE definition of default? Can anyone point out to me where it says in the "Power of Sale" clause that a mortgage holder is granted free reign to decieve, manipulate, defraud, lie, or charge a fee that is not justified or is not past due, or fail to act competently in bookeeping and not be responsible for errors or ommisions? I thought so.
I most certainly defend the rights of ANYONE who has been CHEATED. Bad things happen to good people everyday. I choose to stop with the whining and start winning.
You "scold" me for not saving for a crisis, how do you know I didn't? You assume. It's a free country, say what you will, but you don't know me.
It's not a good way to make friends with an negative accusing attitude, so like my mama used to say, if you don't have something nice to say about someone, don't say nothing at all.
You don't have to like or agree with my opinion. I really don't believe you are a cold or callous person, I just don't understand your point of view because of what has happened to me and the other people on this forum.
I can't say I fully disagree with your "bank it-save it" advice, but speaking of reality, who has enough cash leftover after paying the cost of living day to day, to save at current low interest rates through a bank? It would not be enough to buy a house. The economy must be REAL good in Oklahoma!(Just kidding)My point is, it is best to not borrow at all, but it's easier said than done if you want to buy a house.
It's obvious where the "real" money is. Think about this, the richest companies (and people) deal in real estate investments and mortgages, HELLO! They make money on interest, ALOT more than we can saving at a bank, and they flip property constantly, loan, collect interest, foreclose, sell, loan, collect interest, foreclose...over and over.
Each time they handle property there are "hidden extras", closing costs, points, taxes, commissions, and everyone who is involved in the "process" gets a very lucrative cut of the deal.Everywhere you look there are advertisements to buy foreclosed homes,credit is being pushed and it's a jungle out there! If there wasn't money to be made, BIG money I might add,nobody would be in that business.
The majority of the general public is trusting and honest, they aren't aware that not everyone shares that kind of conscience, including but not limited to,investors and mortgage/finance companies. A fancy building,clever advertising, some carefully chosen words, flashy clothes, and "debt solutions" impress vulnerable customers and top it off with "We want to help you".
To me it is more like "We want to help you help us get rich SUCKER". I checked the definition of help,HELP ISN'T; to hurt.
The minute they have a signature it changes from sales savvy to DEBT COLLECTOR!I have a REAL problem with a "predatory lender" being portrayed as a victim in this scenario. I'd rather sell pencils on the street corner then work for a company that profits from the misery they inflict on others!
Reality sucks because part of that reality is people who have done everything RIGHT, done everything that was asked, are having their homes wrongfully foreclosed and their credit destroyed for NO GOOD REASON!
NOT ALL LENDERS ARE HEARTLESS. THE PROBLEM THESE TIMES IS THAT BUSINESS ISN'T PERSONAL ANYMORE.OUR LOANS ARE BEING SERVICED AND SOLD TO COMPANIES AND PEOPLE IN PLACES WE'VE NEVER BEEN OR HEARD OF!
I believe we need to go back to supporting locally owned, operated and SERVICED businesses that guarantee to hold the loan or mortgage for the duration!LOYALTY AND CUSTOMER SERVICE, wouldn't THAT be nice!
I am very ANGRY and I have sympathy and concern for the rest of my "foreclosure friends" who are suffering. On behalf of my friends I will not back down or be bullied or blackmailed by a "thing", no corporate entity is going to get away with taking my home, or theirs if I can help them.
I have sympathy for you too, even though you don't share my opinion, maybe it will take a miracle to change your heart and mind. I can't guarantee the outcome, but I can guarantee I won't give up, for all of our sakes.
Whether you realize it now or not, I'm fighting for your rights too. Single mothers and children are the fastest growing number of homeless people in the U.S., AND I'M DOING SOMETHING ABOUT IT.
By the way, I forgive you for what you said. If I've offended you, please accept my apology as well. In the future I would prefer to spend time helping people and dealing with the problem at hand rather than rehash old news or defend my position. I'm focusing on solutions,the real culprit here is greed and evil.
Have a nice day, and I STILL mean it! I hope your situation improves and if there is something I can do for you it would be a pleasure.God Bless.
Julie
Guthrie,Oklahoma,
U.S.A.
By the By, I never said you deserved this...
#24Consumer Suggestion
Fri, May 27, 2005
I never said you deserved any of this. On the contrary, I would say you probably don't. Just assess blame where blame is due. If my hair color is bad, I don't blame my auto mechanic. Your mortgage company can't let you stay there without you paying. They aren't in business to do that.
I meant it when I said I was sorry. My mother is disabled and lost everything while she waited for her suit to settle out (took 3 years). I have seen the results of this first hand and it sucks. But what also sucked is she didn't have any savings.
I recently had to give up my home due to not receiving child support for my three children. However, if I had been SMART, I would have been living under my means and would have been building up a cushion in the BANK for just this reason. Financial advisors the world over recommend you have money in savings for these types of things. But VERY few people do. It sounds like you also didn't.
Trust me, I have a lot of compassion here, it sucks to lose a house, no matter WHY you are losing it. But the mortgage company is bound by the laws of your state. PERIOD. If you speed, you get a ticket, and you pay for it. You have a financial consequence. The same goes for the mortgage companies, if they don't complete the foreclosure in a certain time frame, they lose money. It is called curtailment of interest. In essence, they pay a FINE.
My title on my first post isn't what I typed in and for that I am truly sorry. It came off sounding terrible. But there are realities here and it is better for someone to tell you the honest truth than to play like the are bad people that are going down when the likelihood of that is slim and none. And if you do win, then good for you. But it would be highly unusual.
Julie
Guthrie,Oklahoma,
U.S.A.
Sorry you aren't happy with reality
#24Consumer Suggestion
Fri, May 27, 2005
That is so sad that you are not happy to face reality. The likelihood of you winning is slim and none. I am not an attorney, but I worked in the litigation department of a mortgage company and I can honestly say that based on circumstances like this, we never lost a case. NEVER.
Good luck, you should post the results.
And my post was not in the least shameful, I just stated the real raw truth. The mortgage company didn't DO THIS to you, whoever caused the accident DID THIS to you. Blame the right parties. And read your dang mortgage while you are at it. They followed it.
Julie
Guthrie,Oklahoma,
U.S.A.
Sorry you aren't happy with reality
#24Consumer Suggestion
Fri, May 27, 2005
That is so sad that you are not happy to face reality. The likelihood of you winning is slim and none. I am not an attorney, but I worked in the litigation department of a mortgage company and I can honestly say that based on circumstances like this, we never lost a case. NEVER.
Good luck, you should post the results.
And my post was not in the least shameful, I just stated the real raw truth. The mortgage company didn't DO THIS to you, whoever caused the accident DID THIS to you. Blame the right parties. And read your dang mortgage while you are at it. They followed it.
Julie
Guthrie,Oklahoma,
U.S.A.
Sorry you aren't happy with reality
#24Consumer Suggestion
Fri, May 27, 2005
That is so sad that you are not happy to face reality. The likelihood of you winning is slim and none. I am not an attorney, but I worked in the litigation department of a mortgage company and I can honestly say that based on circumstances like this, we never lost a case. NEVER.
Good luck, you should post the results.
And my post was not in the least shameful, I just stated the real raw truth. The mortgage company didn't DO THIS to you, whoever caused the accident DID THIS to you. Blame the right parties. And read your dang mortgage while you are at it. They followed it.
Julie
Guthrie,Oklahoma,
U.S.A.
Sorry you aren't happy with reality
#24Consumer Suggestion
Fri, May 27, 2005
That is so sad that you are not happy to face reality. The likelihood of you winning is slim and none. I am not an attorney, but I worked in the litigation department of a mortgage company and I can honestly say that based on circumstances like this, we never lost a case. NEVER.
Good luck, you should post the results.
And my post was not in the least shameful, I just stated the real raw truth. The mortgage company didn't DO THIS to you, whoever caused the accident DID THIS to you. Blame the right parties. And read your dang mortgage while you are at it. They followed it.
Lana
Ionia,Michigan,
U.S.A.
Never give up, never give in, and never listen to NEGATIVE people who don't know the facts!
#24Author of original report
Fri, May 27, 2005
To the "Julies" of the world....
First of all, unless you are an attorney, and have the guts to give your name and license number along with your advice on the merit of my complaint, don't lecture to me about what I did to deserve this misery, and don't say you are sorry if you don't mean it. I've had a gut full of "loose lipped" alter-ego people to do me a life time..and I'm entitled to my rights to defend a wrongful action against me.Ever hear of the Constitution?
FYI, I DO have a case and its about to be heard,and I will speak my mind if it means saving another person from being a victim of deceptive practices. I'm not afraid, and your "warning" is disregarded with the rest of your "opinion". I'm thankful that I'm alive to fight this thing to the ends of the Earth if neccessary, and your smug comment is SHAMEFUL about me blaming the mortgage company for my accident. You are not a nice person, are you? Furthermore, if my complaint was "unjustified" then why did the FTC sue the butts off "certain" mortgage companys for the very same allegations I make,with PROOF I might add,Hmmmm? I will continue, and I WILL be successful. We'll see who pays the consequences and the ones responsible can go accelerate that!
Have a nice day, and I mean it.
Julie
Guthrie,Oklahoma,
U.S.A.
Apologies for my prior heading
#24Consumer Suggestion
Fri, May 27, 2005
In my prior post, I put in the title Oh My Goodness. When it ended up posted, it said oh my goodness, the mortgage company didn't.... Whatever it ended up saying. That came out so callous and is not at all what I intended.
Your anger is toward the mortgage company when really, it is better directed at the accident that caused all of this. I am sorry you were in an accident and even more sorry that you are having to deal with all of this.
Hopefully, they can do a repayment plan or loss mitigation and you can save your home (if that is what you want to happen that is).
Julie
Guthrie,Oklahoma,
U.S.A.
Oh my goodness the mortgage company wasn't the cause of the accident were they?
#24Consumer Suggestion
Fri, May 27, 2005
First, let me say I am sorry you are going through this. On the other hand, the mortgage company wasn't the cause of the accident were they? So why do you expect them to bend around state laws that require them to foreclose in a certain time frame.
This has nothing to do with the mortgage company and EVERYTHING to do with you and an accident that happened. You signed a mortgage with them and agreed to pay your payments each and every month. You shouldn't be surprised when they want their payments and when you don't pay (regardless of why you don't pay), they exercise their rights to accelerate your loan. Again, you signed the mortgage, they have this right. Nowhere in your mortgage will you find any kind of phrase like this...
"If I have a wreck, they can't foreclose"
"If my child support stops, they can't foreclose"
"If I lose my job and get a lower paying job, they can't foreclose"
Mortgage companies loan money to MAKE money. Otherwise, why would they bother? If you don't like it, pay cash. (Working on paying cash for things myself, because frankly, dealing with any kind of finance company stinks)
If you have an fha loan, there is protection under loss mitigation to help you save your home provided you have more income than expenses each month. If you do not have an fha loan, your best bet is to reinstate and/or you will be paying double payments for awhile.
I don't know who Hector is, but this late in the game, the reinstate should have come from their attorney's office because to reinstate you will have to pay the attorney fees on top of everything else.
Be very careful calling them fraudulent, they abided by state laws through on through on this one, it is clear. If you are behind, they can foreclose. It is in black and white in your mortgage, calling it illegal foreclosure is laughable. They did it right on track.
They aren't stealing your house, rest assured, if a profit is made at sheriff's sale, you get to keep it.
You don't have a lawsuit, they have followed your mortgage to the letter. Maybe you should read it. That is why all of the attorney's that you contact tell you there is nothing you can do. They are right, there is nothing you can do.
I wish you the best, but the circumstances here are not their fault. You got behind, it sucks, but you did. Now you have to pay the consequences. Hopefully you have a settlement and regular income so that you can save your home, because you can rest assured, you cannot live there for free.
Julie
Guthrie,Oklahoma,
U.S.A.
Oh my goodness the mortgage company wasn't the cause of the accident were they?
#24Consumer Suggestion
Fri, May 27, 2005
First, let me say I am sorry you are going through this. On the other hand, the mortgage company wasn't the cause of the accident were they? So why do you expect them to bend around state laws that require them to foreclose in a certain time frame.
This has nothing to do with the mortgage company and EVERYTHING to do with you and an accident that happened. You signed a mortgage with them and agreed to pay your payments each and every month. You shouldn't be surprised when they want their payments and when you don't pay (regardless of why you don't pay), they exercise their rights to accelerate your loan. Again, you signed the mortgage, they have this right. Nowhere in your mortgage will you find any kind of phrase like this...
"If I have a wreck, they can't foreclose"
"If my child support stops, they can't foreclose"
"If I lose my job and get a lower paying job, they can't foreclose"
Mortgage companies loan money to MAKE money. Otherwise, why would they bother? If you don't like it, pay cash. (Working on paying cash for things myself, because frankly, dealing with any kind of finance company stinks)
If you have an fha loan, there is protection under loss mitigation to help you save your home provided you have more income than expenses each month. If you do not have an fha loan, your best bet is to reinstate and/or you will be paying double payments for awhile.
I don't know who Hector is, but this late in the game, the reinstate should have come from their attorney's office because to reinstate you will have to pay the attorney fees on top of everything else.
Be very careful calling them fraudulent, they abided by state laws through on through on this one, it is clear. If you are behind, they can foreclose. It is in black and white in your mortgage, calling it illegal foreclosure is laughable. They did it right on track.
They aren't stealing your house, rest assured, if a profit is made at sheriff's sale, you get to keep it.
You don't have a lawsuit, they have followed your mortgage to the letter. Maybe you should read it. That is why all of the attorney's that you contact tell you there is nothing you can do. They are right, there is nothing you can do.
I wish you the best, but the circumstances here are not their fault. You got behind, it sucks, but you did. Now you have to pay the consequences. Hopefully you have a settlement and regular income so that you can save your home, because you can rest assured, you cannot live there for free.
Julie
Guthrie,Oklahoma,
U.S.A.
Oh my goodness the mortgage company wasn't the cause of the accident were they?
#24Consumer Suggestion
Fri, May 27, 2005
First, let me say I am sorry you are going through this. On the other hand, the mortgage company wasn't the cause of the accident were they? So why do you expect them to bend around state laws that require them to foreclose in a certain time frame.
This has nothing to do with the mortgage company and EVERYTHING to do with you and an accident that happened. You signed a mortgage with them and agreed to pay your payments each and every month. You shouldn't be surprised when they want their payments and when you don't pay (regardless of why you don't pay), they exercise their rights to accelerate your loan. Again, you signed the mortgage, they have this right. Nowhere in your mortgage will you find any kind of phrase like this...
"If I have a wreck, they can't foreclose"
"If my child support stops, they can't foreclose"
"If I lose my job and get a lower paying job, they can't foreclose"
Mortgage companies loan money to MAKE money. Otherwise, why would they bother? If you don't like it, pay cash. (Working on paying cash for things myself, because frankly, dealing with any kind of finance company stinks)
If you have an fha loan, there is protection under loss mitigation to help you save your home provided you have more income than expenses each month. If you do not have an fha loan, your best bet is to reinstate and/or you will be paying double payments for awhile.
I don't know who Hector is, but this late in the game, the reinstate should have come from their attorney's office because to reinstate you will have to pay the attorney fees on top of everything else.
Be very careful calling them fraudulent, they abided by state laws through on through on this one, it is clear. If you are behind, they can foreclose. It is in black and white in your mortgage, calling it illegal foreclosure is laughable. They did it right on track.
They aren't stealing your house, rest assured, if a profit is made at sheriff's sale, you get to keep it.
You don't have a lawsuit, they have followed your mortgage to the letter. Maybe you should read it. That is why all of the attorney's that you contact tell you there is nothing you can do. They are right, there is nothing you can do.
I wish you the best, but the circumstances here are not their fault. You got behind, it sucks, but you did. Now you have to pay the consequences. Hopefully you have a settlement and regular income so that you can save your home, because you can rest assured, you cannot live there for free.
Julie
Guthrie,Oklahoma,
U.S.A.
Oh my goodness the mortgage company wasn't the cause of the accident were they?
#24Consumer Suggestion
Fri, May 27, 2005
First, let me say I am sorry you are going through this. On the other hand, the mortgage company wasn't the cause of the accident were they? So why do you expect them to bend around state laws that require them to foreclose in a certain time frame.
This has nothing to do with the mortgage company and EVERYTHING to do with you and an accident that happened. You signed a mortgage with them and agreed to pay your payments each and every month. You shouldn't be surprised when they want their payments and when you don't pay (regardless of why you don't pay), they exercise their rights to accelerate your loan. Again, you signed the mortgage, they have this right. Nowhere in your mortgage will you find any kind of phrase like this...
"If I have a wreck, they can't foreclose"
"If my child support stops, they can't foreclose"
"If I lose my job and get a lower paying job, they can't foreclose"
Mortgage companies loan money to MAKE money. Otherwise, why would they bother? If you don't like it, pay cash. (Working on paying cash for things myself, because frankly, dealing with any kind of finance company stinks)
If you have an fha loan, there is protection under loss mitigation to help you save your home provided you have more income than expenses each month. If you do not have an fha loan, your best bet is to reinstate and/or you will be paying double payments for awhile.
I don't know who Hector is, but this late in the game, the reinstate should have come from their attorney's office because to reinstate you will have to pay the attorney fees on top of everything else.
Be very careful calling them fraudulent, they abided by state laws through on through on this one, it is clear. If you are behind, they can foreclose. It is in black and white in your mortgage, calling it illegal foreclosure is laughable. They did it right on track.
They aren't stealing your house, rest assured, if a profit is made at sheriff's sale, you get to keep it.
You don't have a lawsuit, they have followed your mortgage to the letter. Maybe you should read it. That is why all of the attorney's that you contact tell you there is nothing you can do. They are right, there is nothing you can do.
I wish you the best, but the circumstances here are not their fault. You got behind, it sucks, but you did. Now you have to pay the consequences. Hopefully you have a settlement and regular income so that you can save your home, because you can rest assured, you cannot live there for free.