Complaint Review: Countrywide - Seirra National - Recon Trust - Bank Of New York

Countrywide made a little mistake that has become a BIG PROBLEM. The transfer between Sierra to Countrywide in Aug.2006. Loan original June 2006 I made two payments and got a letter stating the transfer. I mailed the 3rd payment to Countrywide but it was returned to me for reasons unknown. Then I re-mailed the 2 payments of $1,380.00 each and they where returned with a form letter to fill out giving the name and address of the prvious loan holder. I filled it out and mailed it only to be returned as unidentifiable. And this has caused major problems since they have reported me to the credit reporting agencies that I was in default since Sept. 2006. My file was transferred directly to Recon Trust foreclosure department instead of the processing department. This caused my payment to be late. I mailed Aug. Sept. and Oct. payments and Oct 5th again returned. I was in phone contact with them attempting to clear up this problem and thought that they were going to help me get to the bottom of this problem. I was unaware of an account number change through the transfer until I rceived the notice of trustee sale April 15th 2007 on my door to be held May 3rd 2007 Recon Trust had dated since Feb. 22,2007. Under great duress I was forced to sign a repayment agreement of making double payments for a year to stop the trustee sale. So I had to send Western Union to Texas $1,380.00. I could not make these double payments nor could I refinance with another Co. because this situation had put me in foreclosure and ruined my credit. My insurance man told me that it looked to him like my loan was booked wrong when it was reinstated for transfer. So now only 12 months after I refinanced at $144,000.00 with Sierra and Old Republic there is a trustee transfer sale to Bank Of New York for $160,279.00. Now Bank Of New York has given me 3 day notice to vacate and my renter was given a bribe by Countrywide of $2000.00 to be out by the end of Aug. 2007. With a summons to court from Bank Of New York.

I feel that Countrywide has caused me to be in foreclosure unable to refinance. The payments I did make were not applied during transfer. It was reported to the credit agencies as if I didn't make any payments. This is a violation of RESPA #6. This law states that "No late charges during transfer and no reporting to credit agencies and that all costs are covered". But now they have come with the sheriff and changed the locks and kicked me out of my home of 18yrs. My renter and her son still in school and myself are put out in the pouring down rain a day before Thanksgiving. When our day in court was in 4 days. I filed for reschedule of there summary judgment that they got passed through court during a national disaster we were evacuated from our homes due to the Grass Valley Fire in the San Bernardino mountains and no one could come up here including the post office so I didn't recieve there sommons to court. I can't afford a lawyer I am a roofer I don't know what I am to do the lawyers that have looked at my case say I have a very good case yet not a one of them will reprisent me with out $5,000.00 to start. I have all the proof I need to show that this is there fault I just don't know how I am to present this in court the proper way. If there is anybody out there that know's what I can do I have till the 18th of Dec. before they start auctioning off all my things. Please I am at my witts end I don't know where to turn can someone please help me before I lose evrything I have worked for for the last 18 years.

Toby
Twin Peaks, California
U.S.A.