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Ocwen Loan Servicing/Wachovia Bank Illegal foreclosure practices Brockton Massachusetts
Here is our situation, We are victims of a "Hate Crime" against my famil which took place in our neighborhood. With grand jury indictments and courts we are physically and mentally stressed out. We both lost our jobs, house went into foreclosure, bank know owns the house and they transferred it over to the REO department (Realestate Owned). We are still in the house trying to figure out a way to get our house back. We don't have much money due to our situation because I recently got a regular income/benefits job. I've contact the REO to get a purchase price for our house but the bank doesn not have one so since the current principal balance is 283,721 I offered them less (instructed by another company to put something on the table to see what they come back with)
Our lender is was Ocwen Loan Servicing and the bank is Wachovia. We received a summons to appear in court on January 31, 2008. In the mean time we filed a stay of execution in order to make some kind of agreement to pay occupancy until we found an apartment and the next court date was scheduled for February 14, 2008. During this time I received a letter from the bank's attorney indicating that at the foreclosure auction the bank sold the property to US National Bank Association for 279,900.
I then contacted an attorney for advice and was instructed to file a"Motion to Vacate Judgement" because the previous bank which was Wachovia had retained attorney's to proceed with the eviction process when in reality the new owners were US Nationalk Bank Association. I then went to the Registry of Deeds to verify that the property was sold to another bank and sure enough Ocwen Loan Servicing/Wachovia sold it to US National Bank. The attorney I had spoken to contacted the law firm representing Wachovia bank to inform them that we were in the process of filing a "Motion to Vacate the Judgement" based on their representation of a bank which no longer holds any ownership.
The attorney representing Ocwen Loan servicing/Wachovia bank called her right back and filed a motion to the court to continue the summary process until March 6, 2008. He claims that he was unaware that the bank sold the property and to date we have not been contacted from the new owner of the property regarding our plans or to even put together some kind of agreement. I am a ameteur to this kind to legal stuff but I don't think that the attorney's who are representing Wachovia bank/Ocwen loan servicing has the legal right to pursue eviction when their client no longer has any ownership of the property.
I don't know if sending this email to you will help us any but I think that something illegal is going on and I know that our home has been foreclosed on but if the bank in going to evict us then it should be done in a legal fashion. Thank you for you time.
Michelle
Brockton, Massachusetts
U.S.A.