Complaint Review: Beneficial - Elmhurtst Illinois

I also filed a Motion to Strike with the Court on Thursday, as Hanna's contention that I didn't respond to their last request was totally groundless. I am also going to consult an attorney as to whether or not he thinks I have a case of perjury against Hanna's attorney. They stated I never responded, yet didn't first bother to check with my County Clerk's office to see if I had filed anything with them. They are trying to get a Summary Judgment against me by stating something in a court document which was TOTALLY UNTRUE, and if I can prove that they knowingly LIED about it, I am going to file a lawsuit against them of my own.

I just got a notice from one of Hanna's henchmen that they are going after me for a Summary Judgment, claiming that I didn't respond to their last request for documents. How interesting is it going to be, when I am able to produce those documents which were SIGNED, SEALED AND DELIVERED to my County Clerk's office on October 2nd! I faxed them copies of the original response and Certificate of Service tonight, informing them that I was FULLY prepared to defend myself in court, should they decide to proceed with this judgment. Go AHEAD, Beneficial and Hanna...MAKE MY DAY!!

I have conceded defeat, after receiving Hanna's response to my Answer. He is demanding (among other things), proof that I even made payments to Beneficial to BEGIN with, and concludes with a sinister silkiness that "I have no defense". Ok, so I don't. My answer to him will be simply this: "Since we have both established the fact that I don't have any, then YOU figure out a way to get $35,000 out of me, when I have NO job and NO assets! For those of you out there who are even THINKING about getting a loan with Beneficial Finance, please think twice, for what happened to me can also happen to you!

Steve, from Bradenton Fl, has the best advice for dealing with your case at this point. He's extremely knowledgeable when it comes to collection matters. Good luck.

The attorney I first consulted with also suggested that I file for Bankruptcy. But I can't, as I previously filed for Chapter 7 back in 2003 and under the new laws are prevented from doing so again until 2007. To make matters even worse, I am unemployed (again), which is the reason why I got myself in this mess to begin with. I tried to tell Beneficial that, but I might as well have been talking to a brick wall. You have found your REAL calling, Robert. Keep up the good work!

Good luck in Court. I would declare bankruptcy prior to a Judgement being issued. Just file. That takes care of it. The money owed can be included, as long as a Judgement hasn't been issued. As for the Attorneys calling...maybe they want to work a deal. They may accept a low settlement to avoid Court. Going to Court costs them money. They may take anything up to 50% of the balance. I'd offer 10% and go up from there. All they can do is say no. Sad to say, but for a year, I was a Mortgage Banker. I have since repented. I ended that occupation with pounding migraines, TMJ, and a near ulcer. I made a ton of cash, and always put huge numbers on the wall. I was actually helping these people, and it made me ill the way things worked. No matter what your score, if the lender tells you something, he/she is probably lying. I closed more loans, but the truly "gifted" could make almost as much by sticking it to a few customers. I did volume. You want to talk about an occupation that is meant only for people with low moral fiber, and zero scruples, that's the one. After my year doing that, I have nothing but the utmost respect for crack-whores, and meth-addicts. I would offer creditors 10% on charge-offs, late bills, etc, and give them 24 hours to accept, or get nothing. The larger the debt, the less I'd offer. The most I would offer is 25%. Every loan closed, and every creditor accepted my offer. If you choose not to declare bankruptcy, at least try and negotiate a settlement.

Good luck in Court. I would declare bankruptcy prior to a Judgement being issued. Just file. That takes care of it. The money owed can be included, as long as a Judgement hasn't been issued. As for the Attorneys calling...maybe they want to work a deal. They may accept a low settlement to avoid Court. Going to Court costs them money. They may take anything up to 50% of the balance. I'd offer 10% and go up from there. All they can do is say no. Sad to say, but for a year, I was a Mortgage Banker. I have since repented. I ended that occupation with pounding migraines, TMJ, and a near ulcer. I made a ton of cash, and always put huge numbers on the wall. I was actually helping these people, and it made me ill the way things worked. No matter what your score, if the lender tells you something, he/she is probably lying. I closed more loans, but the truly "gifted" could make almost as much by sticking it to a few customers. I did volume. You want to talk about an occupation that is meant only for people with low moral fiber, and zero scruples, that's the one. After my year doing that, I have nothing but the utmost respect for crack-whores, and meth-addicts. I would offer creditors 10% on charge-offs, late bills, etc, and give them 24 hours to accept, or get nothing. The larger the debt, the less I'd offer. The most I would offer is 25%. Every loan closed, and every creditor accepted my offer. If you choose not to declare bankruptcy, at least try and negotiate a settlement.

Good luck in Court. I would declare bankruptcy prior to a Judgement being issued. Just file. That takes care of it. The money owed can be included, as long as a Judgement hasn't been issued. As for the Attorneys calling...maybe they want to work a deal. They may accept a low settlement to avoid Court. Going to Court costs them money. They may take anything up to 50% of the balance. I'd offer 10% and go up from there. All they can do is say no. Sad to say, but for a year, I was a Mortgage Banker. I have since repented. I ended that occupation with pounding migraines, TMJ, and a near ulcer. I made a ton of cash, and always put huge numbers on the wall. I was actually helping these people, and it made me ill the way things worked. No matter what your score, if the lender tells you something, he/she is probably lying. I closed more loans, but the truly "gifted" could make almost as much by sticking it to a few customers. I did volume. You want to talk about an occupation that is meant only for people with low moral fiber, and zero scruples, that's the one. After my year doing that, I have nothing but the utmost respect for crack-whores, and meth-addicts. I would offer creditors 10% on charge-offs, late bills, etc, and give them 24 hours to accept, or get nothing. The larger the debt, the less I'd offer. The most I would offer is 25%. Every loan closed, and every creditor accepted my offer. If you choose not to declare bankruptcy, at least try and negotiate a settlement.

Good luck in Court. I would declare bankruptcy prior to a Judgement being issued. Just file. That takes care of it. The money owed can be included, as long as a Judgement hasn't been issued. As for the Attorneys calling...maybe they want to work a deal. They may accept a low settlement to avoid Court. Going to Court costs them money. They may take anything up to 50% of the balance. I'd offer 10% and go up from there. All they can do is say no. Sad to say, but for a year, I was a Mortgage Banker. I have since repented. I ended that occupation with pounding migraines, TMJ, and a near ulcer. I made a ton of cash, and always put huge numbers on the wall. I was actually helping these people, and it made me ill the way things worked. No matter what your score, if the lender tells you something, he/she is probably lying. I closed more loans, but the truly "gifted" could make almost as much by sticking it to a few customers. I did volume. You want to talk about an occupation that is meant only for people with low moral fiber, and zero scruples, that's the one. After my year doing that, I have nothing but the utmost respect for crack-whores, and meth-addicts. I would offer creditors 10% on charge-offs, late bills, etc, and give them 24 hours to accept, or get nothing. The larger the debt, the less I'd offer. The most I would offer is 25%. Every loan closed, and every creditor accepted my offer. If you choose not to declare bankruptcy, at least try and negotiate a settlement.

Yesterday morning I went to the courthouse in the county where my house was foreclosed on and retrieved the DoT. Unfortunately, Robert, all the signatures were in order. From there I went to the courthouse where Beneficial's suit has been filed, submitted my Answer and sent the same to their attorneys VIA certified mail. I had no sooner done so and arrived home, when Hanna's office started calling me again, and they called FIVE times between 10:30 AM and 5:00 PM. What is the POINT of them continually harassing me, when they have already have receipt that I was successfully served with a summons?

I'd just be happy getting back the $131,000 which was on the sales contract on my home which Beneficial made me loose, plus attorneys' fees and court costs. Robert, I will first go to the courthouse today in the county where my home was foreclosed on and look at those signatures as you have suggested. If they are indeed forged, I will take them STRAIGHT to the attorney who I have been talking with and ask: "Do I HAVE your attention NOW?" I am sure he will then be delighted to accept my case, knowing full well how much money he and his partners will be making off it. If the signatures are valid, I will proceed as before. I have nothing left to loose.

When you reply to the lawsuit, do not admit to the debt. If the signatures on the Deed paperwork are yours, it's all but finished. I would actually go to the deed vault first. Making a copy of the Deed of Trust(if it's forged) will help your case, by showing the Judge you don't know what they are talking about. If it is your signature, you're out of luck. You'll still get your say though. If it's not your signature, immediately file your replay to their lawsuit, and file your own. Make the damages fit the crime. It is a felony in ALL states to forge a DoT. Did I mention HFC/Beneficial keep continuing my case? I wonder why? Could it be the criminal complaint that we filed along with the civil damages? After all of their threats, they know I will be there to watch them go away in handcuffs. How much do you need for a new house?

Thanks for all your support, Robert. Tomorrow morning I officially begin my fight against these $#@%!'s, by officially filing my Answer. By the time they receive it, I will be at the other courthouse looking for the signatures which you have been talking about. Will keep you posted! BTW, that Braddock, VA phone number I was telling you about in an earlier post popped up again on my computer screen a few minutes ago. They just don't GET it, do they??

I wish you all the best. Just make sure you provide NOTHING, before you see their evidence against you. If they show up with FORGED docs, like they always do, demand an immediate dismissal of the case. Admit NOTHING. Make them prove the loan is yours. No signature, no loan. GRANTS cannot be collected. Then, go file suit against them immediately. Take everything they have. File personally agaist them, and file against the Corporation, and finally against the Law Firm that took their case. THAT will be a long fight, but you'll win in the end if you are just another of the 100% who got screwed by this Company. I have yet to ever read about a single case these A-Holes have won in Court. The FORGED Docs scandal was rampant. Courts have forced them to give people houses, after the foreclosures were found to be fraudulent. The stories are staggering. And for you Jabronies who want to claim this Company is Legit...I am still waiting for one, JUST ONE, single shred of evidence in your favor. Half a BILLION$$$$$$ in damages pretty much sums up my case. The forged docs on my property do too. I'm still waiting......

I wish you all the best. Just make sure you provide NOTHING, before you see their evidence against you. If they show up with FORGED docs, like they always do, demand an immediate dismissal of the case. Admit NOTHING. Make them prove the loan is yours. No signature, no loan. GRANTS cannot be collected. Then, go file suit against them immediately. Take everything they have. File personally agaist them, and file against the Corporation, and finally against the Law Firm that took their case. THAT will be a long fight, but you'll win in the end if you are just another of the 100% who got screwed by this Company. I have yet to ever read about a single case these A-Holes have won in Court. The FORGED Docs scandal was rampant. Courts have forced them to give people houses, after the foreclosures were found to be fraudulent. The stories are staggering. And for you Jabronies who want to claim this Company is Legit...I am still waiting for one, JUST ONE, single shred of evidence in your favor. Half a BILLION$$$$$$ in damages pretty much sums up my case. The forged docs on my property do too. I'm still waiting......

I wish you all the best. Just make sure you provide NOTHING, before you see their evidence against you. If they show up with FORGED docs, like they always do, demand an immediate dismissal of the case. Admit NOTHING. Make them prove the loan is yours. No signature, no loan. GRANTS cannot be collected. Then, go file suit against them immediately. Take everything they have. File personally agaist them, and file against the Corporation, and finally against the Law Firm that took their case. THAT will be a long fight, but you'll win in the end if you are just another of the 100% who got screwed by this Company. I have yet to ever read about a single case these A-Holes have won in Court. The FORGED Docs scandal was rampant. Courts have forced them to give people houses, after the foreclosures were found to be fraudulent. The stories are staggering. And for you Jabronies who want to claim this Company is Legit...I am still waiting for one, JUST ONE, single shred of evidence in your favor. Half a BILLION$$$$$$ in damages pretty much sums up my case. The forged docs on my property do too. I'm still waiting......

I wish you all the best. Just make sure you provide NOTHING, before you see their evidence against you. If they show up with FORGED docs, like they always do, demand an immediate dismissal of the case. Admit NOTHING. Make them prove the loan is yours. No signature, no loan. GRANTS cannot be collected. Then, go file suit against them immediately. Take everything they have. File personally agaist them, and file against the Corporation, and finally against the Law Firm that took their case. THAT will be a long fight, but you'll win in the end if you are just another of the 100% who got screwed by this Company. I have yet to ever read about a single case these A-Holes have won in Court. The FORGED Docs scandal was rampant. Courts have forced them to give people houses, after the foreclosures were found to be fraudulent. The stories are staggering. And for you Jabronies who want to claim this Company is Legit...I am still waiting for one, JUST ONE, single shred of evidence in your favor. Half a BILLION$$$$$$ in damages pretty much sums up my case. The forged docs on my property do too. I'm still waiting......

You have some good advice here, despite some grammatical errors. My Answer to Beneficial as well as Hanna and his Merry Men is probably full of them, too, but I don't care. Just as long as I am able to get my point across to the judge that they have screwed me over royally. In the meantime I am getting some strange phone calls from some place in Braddock, VA. Hanna's office has been trying to call me since I was served with their summons last week. When I didn't answer, this place started showing up on my caller ID. I didn't answer them, either, and they began calling my sister. Whoever it is leaving this message: "This is a public service message. We may call back later. (Click)" Public Service Message, my foot. Both my sister's and my telephone numbers are on the National Do Not Call Registry, so I we know it couldn't be a telemarketer. Hanna is and has been trying to contact me since they served me with that summons last week. And they are WASTING THEIR TIME. See you IN court, guys!

You have some good advice here, despite some grammatical errors. My Answer to Beneficial as well as Hanna and his Merry Men is probably full of them, too, but I don't care. Just as long as I am able to get my point across to the judge that they have screwed me over royally. In the meantime I am getting some strange phone calls from some place in Braddock, VA. Hanna's office has been trying to call me since I was served with their summons last week. When I didn't answer, this place started showing up on my caller ID. I didn't answer them, either, and they began calling my sister. Whoever it is leaving this message: "This is a public service message. We may call back later. (Click)" Public Service Message, my foot. Both my sister's and my telephone numbers are on the National Do Not Call Registry, so I we know it couldn't be a telemarketer. Hanna is and has been trying to contact me since they served me with that summons last week. And they are WASTING THEIR TIME. See you IN court, guys!

You have some good advice here, despite some grammatical errors. My Answer to Beneficial as well as Hanna and his Merry Men is probably full of them, too, but I don't care. Just as long as I am able to get my point across to the judge that they have screwed me over royally. In the meantime I am getting some strange phone calls from some place in Braddock, VA. Hanna's office has been trying to call me since I was served with their summons last week. When I didn't answer, this place started showing up on my caller ID. I didn't answer them, either, and they began calling my sister. Whoever it is leaving this message: "This is a public service message. We may call back later. (Click)" Public Service Message, my foot. Both my sister's and my telephone numbers are on the National Do Not Call Registry, so I we know it couldn't be a telemarketer. Hanna is and has been trying to contact me since they served me with that summons last week. And they are WASTING THEIR TIME. See you IN court, guys!

You have some good advice here, despite some grammatical errors. My Answer to Beneficial as well as Hanna and his Merry Men is probably full of them, too, but I don't care. Just as long as I am able to get my point across to the judge that they have screwed me over royally. In the meantime I am getting some strange phone calls from some place in Braddock, VA. Hanna's office has been trying to call me since I was served with their summons last week. When I didn't answer, this place started showing up on my caller ID. I didn't answer them, either, and they began calling my sister. Whoever it is leaving this message: "This is a public service message. We may call back later. (Click)" Public Service Message, my foot. Both my sister's and my telephone numbers are on the National Do Not Call Registry, so I we know it couldn't be a telemarketer. Hanna is and has been trying to contact me since they served me with that summons last week. And they are WASTING THEIR TIME. See you IN court, guys!

It should read IN, instead of OF, in regards to the total amount of the settlement checks. I must be dizzy. I can't believe I goofed twice.

HFC/Beneficial ALL did the same thing. They had the customer sign the paperwork. After the customer left the office, they CHANGED the terms of the loans(everyone is paid commission, based on the terms of the loan), and submitted the NEW paperwork to the Home Office. The paperwork the customer has, is NOWHERE to be found at the Home Office. That's because it's thrown away at the local branch, so everyone got more commission. This was rampant throughout their Company. This is exactly why they were sued by every State AG, and the DoJ. It's also why they pled GUILTY, without ever attempting to defend themselves. They paid out hundreds of millions of settlement checks(at about $500 each), beacuse of this. Most of their customers found refinancing a viable option, as opposed to a lengthy, drawn out lawsuit. When they refi'd, the new lender simply paid off HFC/Beneficial. This got HFC off the hook with most of their customers. Anyone who actually cashed that pathetic $500 check, gave up their rights to sue personally. I'm putting the stones to them in a way they never dreamed possible. My Attorney is joined with other Attorneys, and customers, and we're hammering them with another Class Action. Sucks to be them. All they had to do was simply remove their BS doT from my property, and remove their BS credit report, and I'd have gone about my life like they never existed. They brought this fight, and they'll be paying big bucks when they finally surrender. In Court, HFC/Beneficial will have to show the Judge the paperwork that contains the signatures of the person they are suing. I am betting they don't have anything. It doesn't matter one iota, if the loan was actually taken out or not. It only matters if the signatures for the loan belong to the person being sued. No signatures, no debt. The person being sued can then turn around and sue HFC/Beneficial for all the annoyance they have caused. These idiots actually tried to tell me that a Foreclosure doesn't involve a Judge, and they could get my property just by submitting the paperwork to the Sheriff. Fat chnace. An injunction stops everything cold, and the Judge only wants to see signatures. Considering it took legal steps to get ANY paperwork at all from these clowns(none with our signatures), I figure we'll eventually get a summary Judgement in our favor. HFC/Beneficial cannot win, and therefore, it would be a waste of more money to show up, when the continuances are finally done. The Class Action we started will be the big money maker though. We're suing them both ways. One, to get their BS off of our property an credit reports. And two, for the money they need to pay in penalties for the aggrivation they have caused. I'll wave at you as I sail past in my new 45' twin master. Toodle-oo.

I am aware of this. What I am rebutting, however, is Beneficial's and Hanna's contention that I am REFUSING to pay. That could not be farther from the truth. Beneficial was made aware that as far back as February when I had been out of work for two months my intention and plans for satisfying this debt. Yet when that time came, I could not get anyone in Beneficial's Foreclosure Department to communicate with me....with the exception of one woman who called me back to confirm that they had received my application to have their lien removed, along with the requested documents. When I asked her what their decision was, she replied casually: "Oh, I can't tell you that. The decision has to come from Mrs. So-and-So". I could not BELIEVE what I was hearing. "Do you MEAN to tell me", I then asked her, incredulous, "That Beneficial only has ONE person authorized to make that decision?" "I'm afraid so", she answered apologetically. That was on Thursday, only four days before the rescheduled closing, and I spent every ONE of them calling, faxing and pleading for an answer from this woman who obviously had her phone set on "Do not Disturb", with NO intention of answering it or returning my messages anytime soon. When she finally returned my call on the day of the closing, she was rude, hateful and condescending, informing me: "You didn't send all the documents I requested". When I calmly reminded her that I HAD to close on the sale of the house THAT day and offered to fax anything else she needed, she cut me off, snapping: "And even IF I did, it would take TWO more weeks to process your request". Nine days later the primary mortgagers sold my house at auction. I consulted with a consumer law attorney to see if I had any legal recourse against Beneficial. He told me I had none. "But, I will be glad to examine your loan documents to see if there is any basis for another class action lawsuit against them", he added. That was two months ago. Last week I am served a summons by Hanna. Two days later and as I am being told by the temp agency that my job assignment is being abruptly terminated, he calls me and tells me he will be "glad to defend me against Beneficial for a retainer of $1,000". When I told him I had just been fired from my job and couldn't pay his retainer, all he could say was: "I'm sorry". Today I am picking up the loan documents from his office and moving on. I will probably lose my case with Beneficial, but not before I have my say about the way they have treated me in court. What else CAN I offer, at this point?

Please take this as constructive advice but remeber I'm not a lawyer. At this point it doesn't matter much if Beneficial has (had) a legal lien on the house. They can still sue you and win for the debt if the other papers are in order proving that you took out a loan and didn't repay it. There was a potential buyer for the house but they weren't willing to give enough to pay off both loans, so the deal fell thru. Even if the sale was successful, there was going to be some remaining debt anyway. Now there is a question of whether Beneficial had the rights to encumber the deed to the house in the first place. If that is true your damage is whatever the buyer was offering above the first mortgage amount plus any deficiency the first mortgager is now claiming. You may still owe Beneficial more than that so winning on that point won't fully cancel out their claim against you.

Please take this as constructive advice but remeber I'm not a lawyer. At this point it doesn't matter much if Beneficial has (had) a legal lien on the house. They can still sue you and win for the debt if the other papers are in order proving that you took out a loan and didn't repay it. There was a potential buyer for the house but they weren't willing to give enough to pay off both loans, so the deal fell thru. Even if the sale was successful, there was going to be some remaining debt anyway. Now there is a question of whether Beneficial had the rights to encumber the deed to the house in the first place. If that is true your damage is whatever the buyer was offering above the first mortgage amount plus any deficiency the first mortgager is now claiming. You may still owe Beneficial more than that so winning on that point won't fully cancel out their claim against you.

Please take this as constructive advice but remeber I'm not a lawyer. At this point it doesn't matter much if Beneficial has (had) a legal lien on the house. They can still sue you and win for the debt if the other papers are in order proving that you took out a loan and didn't repay it. There was a potential buyer for the house but they weren't willing to give enough to pay off both loans, so the deal fell thru. Even if the sale was successful, there was going to be some remaining debt anyway. Now there is a question of whether Beneficial had the rights to encumber the deed to the house in the first place. If that is true your damage is whatever the buyer was offering above the first mortgage amount plus any deficiency the first mortgager is now claiming. You may still owe Beneficial more than that so winning on that point won't fully cancel out their claim against you.

They will be shot down in Court if they have a different signature anywhere in the paperwork from yours. This is their downfall, and the reason they stopped bothering me years ago. No signatures from my wife, nor me. Their Notary signed some BS paperwork and it took legal action just to get copies of those from HFC/Beneficial. They truly stink.

Yeah, and I was one of many who received that same Chump Change as our reward for them being ALLOWED to keep ripping us off! I read somewhere following the settlement that if the attorney generals had demanded more than the $483 million Beneficial paid out, they would have filed for bankruptcy and no one would have gotten a dime. That would have suited me just fine. But then again, crooks such as these have a way of reinventing themselves under other names, so who is to say that would have done any good, either? Speaking of the devil, I got a phone call around lunch time today from Hanna and his Merry Men. Needless to say, I didn't answer it. They are going to get their answer from me soon enough in Superior Court within the 30 days I am allowed by law in this state. In the meantime, they are wasting their time if they even THINK I am going to cough up a chunk of change for them over the phone!

I will look first on the loan documents which I am going to retrieve this afternoon or in the morning from the attorney who I had hoped would be able to help me. If there are no signatures present, then I will definitely go to the courthouse and look for them there. God helps those who helps themselves, as they say. And I am confident that I WILL PREVAIL in the end.

Perhaps the reason Beneficial? HFC got ZERO from the sale of the home, is because the "Primary" already looked and found the same discrepency these two companies are infamous for. Without a legit, legal, binding signature, they get ZERO. HFC/Beneficial lost in Court when they pled GUILTY to 50 State Attorney Generals, and the US DoJ. They lost "bigtime". This was their standard procedure. Sell the loans at good rates, then change the terms afterward. If the customer figures it out, oh well, try and play it out as long as possible. They knew most people would refi with someone else and be done with HFC/Beneficial. They were making tons of illgotten gain. The Class Action Lawsuits netted the consumers $500 each. Big deal. Look and see what you find. It doesn't even matter if you actually had taken out a loan with them. Without a signature, the disbursement of funds to you is a GRANT. Grants do not get paid back. If your signature is not on their DoT, show it to the Judge, and their case will be dismissed.

It won't do me any good to look up the deed, for Beneficial lost their lien against their property when the primary mortgager foreclosed on it in July. Now they are suing me on the contract for the amount owed. My complaint (among other things), is they wouldn't be having to do this, if they had simply processed my application to have their lien removed. By my calculations, they would have received at LEAST $12,000 from the sale of the house. But they chose NOT to, and we are going to court. It will be interesting (to say the least), what the judge's reaction will be when I tell him/her WHY Beneficial was unable to collect that $12,000.

It won't do me any good to look up the deed, for Beneficial lost their lien against their property when the primary mortgager foreclosed on it in July. Now they are suing me on the contract for the amount owed. My complaint (among other things), is they wouldn't be having to do this, if they had simply processed my application to have their lien removed. By my calculations, they would have received at LEAST $12,000 from the sale of the house. But they chose NOT to, and we are going to court. It will be interesting (to say the least), what the judge's reaction will be when I tell him/her WHY Beneficial was unable to collect that $12,000.

It won't do me any good to look up the deed, for Beneficial lost their lien against their property when the primary mortgager foreclosed on it in July. Now they are suing me on the contract for the amount owed. My complaint (among other things), is they wouldn't be having to do this, if they had simply processed my application to have their lien removed. By my calculations, they would have received at LEAST $12,000 from the sale of the house. But they chose NOT to, and we are going to court. It will be interesting (to say the least), what the judge's reaction will be when I tell him/her WHY Beneficial was unable to collect that $12,000.

It won't do me any good to look up the deed, for Beneficial lost their lien against their property when the primary mortgager foreclosed on it in July. Now they are suing me on the contract for the amount owed. My complaint (among other things), is they wouldn't be having to do this, if they had simply processed my application to have their lien removed. By my calculations, they would have received at LEAST $12,000 from the sale of the house. But they chose NOT to, and we are going to court. It will be interesting (to say the least), what the judge's reaction will be when I tell him/her WHY Beneficial was unable to collect that $12,000.

Go to the Court House in your County, and search the "Deed Vault". This is a very simple task, and the person inside is there to assist you, if you have questions. Look for the Deed of Trust from HFC/Beneficial that is placed upon your property. They are alphabetical, by date, and usually by parcel number. There will be more than one copy. When you find it, look at the signature(s). Are they yours? Probably not. If not, you win. That DoT is the only thing they have to act upon. Without a signature from the property owner, they have nothing. This is why they haven't bothered me for years. In fact, they "charged off" this supposed loan. Name a Mortgage Company that does that. You cannot. My Attorney will finish with them and I'll be wealthy. It'll take a while, but I am very patient.

I wasn't told until two days before the closing that I was facing a short sale in the amount of $18,000. The closing attorneys rescheduled the closing for a week later and told me I either had to come up with $18,000 or get Beneficial to remove their lien before they could transfer the title to the new owners. Even after sending the documents Beneficial requested and offering to send more, they refused to process my request. Now they and J. Frederick Hanna and Associates are suing me. I was told by my attorney on Friday and at the same time I was laid off from my temporary job that he needs $1,000 to defend me against these people and I don't HAVE it. So, I am filing an Answer Pro Se this week, denying (among other things) their accusation that "I have REFUSED to pay", I was not given an opportunity to dispute the validity of Beneficial's debt within the required 30-day time period as required per the FDCPA before Hanna served me with papers last week, and, last (but not least), they have the WRONG Loan Payback and Security Agreement attached to their Complaint! Before now, all I have gotten from Benefiical is the runaround. But, by golly, I am finally going to have MY day in court with these predators..WITH or WITHOUT a lawyer!

Tell ME how these two Companies(actually one) are good, upstanding, law abiding lending institutions. I'm waiting. BTW, their "internal investigation" found that THEY were the ones involved in fraud. Not me. Not my wife. Themselves. I'm waiting.

I got confused in your second post description about your attempt to sell. There is NO such thing as a short sale. If you had a buyer AND if you were willing and able to make up the sale shortfall to the secondary lien holder (Beneficial?) at closing, then Beneficial SHOULD have attended your closing and signed off after you presented payment to cover the short sale. This is the very best deal for Beneficial. If you were to make no payment, there will be no sale because of "internal politics" at the finance company. I know this because I have tried to buy properties as short sales. My attorney told me it would never happen, and it did not. WHY? Because finance companies also have internal politics just like where I retired from and where you may work, and your loan officer would have the fact that he had accepted, say, 50 cents on the dollar in a short sale thrown in his face repeatedly when promotion opportunities rolled around. As a corollary, if the house (for some reason) has a market value that covers the primary loan plus only 1/2 to 1/3 the secondary loan (say Beneficial) then you probably only needed to pay on the primary loan because Beneficial should be very unlikely to foreclose the secondary. They would take a bath after deducting foreclosure costs. The primary lien holder cannot foreclose as long as you paid them. This summarizes one house I tried to buy ?below market' in a slow resale market, but the seller had neither equity nor money because he spent all his money on two other houses and a car he could not afford.

I got confused in your second post description about your attempt to sell. There is NO such thing as a short sale. If you had a buyer AND if you were willing and able to make up the sale shortfall to the secondary lien holder (Beneficial?) at closing, then Beneficial SHOULD have attended your closing and signed off after you presented payment to cover the short sale. This is the very best deal for Beneficial. If you were to make no payment, there will be no sale because of "internal politics" at the finance company. I know this because I have tried to buy properties as short sales. My attorney told me it would never happen, and it did not. WHY? Because finance companies also have internal politics just like where I retired from and where you may work, and your loan officer would have the fact that he had accepted, say, 50 cents on the dollar in a short sale thrown in his face repeatedly when promotion opportunities rolled around. As a corollary, if the house (for some reason) has a market value that covers the primary loan plus only 1/2 to 1/3 the secondary loan (say Beneficial) then you probably only needed to pay on the primary loan because Beneficial should be very unlikely to foreclose the secondary. They would take a bath after deducting foreclosure costs. The primary lien holder cannot foreclose as long as you paid them. This summarizes one house I tried to buy ?below market' in a slow resale market, but the seller had neither equity nor money because he spent all his money on two other houses and a car he could not afford.

I got confused in your second post description about your attempt to sell. There is NO such thing as a short sale. If you had a buyer AND if you were willing and able to make up the sale shortfall to the secondary lien holder (Beneficial?) at closing, then Beneficial SHOULD have attended your closing and signed off after you presented payment to cover the short sale. This is the very best deal for Beneficial. If you were to make no payment, there will be no sale because of "internal politics" at the finance company. I know this because I have tried to buy properties as short sales. My attorney told me it would never happen, and it did not. WHY? Because finance companies also have internal politics just like where I retired from and where you may work, and your loan officer would have the fact that he had accepted, say, 50 cents on the dollar in a short sale thrown in his face repeatedly when promotion opportunities rolled around. As a corollary, if the house (for some reason) has a market value that covers the primary loan plus only 1/2 to 1/3 the secondary loan (say Beneficial) then you probably only needed to pay on the primary loan because Beneficial should be very unlikely to foreclose the secondary. They would take a bath after deducting foreclosure costs. The primary lien holder cannot foreclose as long as you paid them. This summarizes one house I tried to buy ?below market' in a slow resale market, but the seller had neither equity nor money because he spent all his money on two other houses and a car he could not afford.

I got confused in your second post description about your attempt to sell. There is NO such thing as a short sale. If you had a buyer AND if you were willing and able to make up the sale shortfall to the secondary lien holder (Beneficial?) at closing, then Beneficial SHOULD have attended your closing and signed off after you presented payment to cover the short sale. This is the very best deal for Beneficial. If you were to make no payment, there will be no sale because of "internal politics" at the finance company. I know this because I have tried to buy properties as short sales. My attorney told me it would never happen, and it did not. WHY? Because finance companies also have internal politics just like where I retired from and where you may work, and your loan officer would have the fact that he had accepted, say, 50 cents on the dollar in a short sale thrown in his face repeatedly when promotion opportunities rolled around. As a corollary, if the house (for some reason) has a market value that covers the primary loan plus only 1/2 to 1/3 the secondary loan (say Beneficial) then you probably only needed to pay on the primary loan because Beneficial should be very unlikely to foreclose the secondary. They would take a bath after deducting foreclosure costs. The primary lien holder cannot foreclose as long as you paid them. This summarizes one house I tried to buy ?below market' in a slow resale market, but the seller had neither equity nor money because he spent all his money on two other houses and a car he could not afford.

Beneficial and Household are the same group of scumbags. HFC has a deed of trust on my house/property that has neither mine, nor my wife's signatures on it. HFC has done their own investigation on this matter, and agree the signatures are not ours. They have no photo ID showing who THEIR Notary had in front of her. This is because the signatures belong to THEIR Notary. She didn't even try to change her handwriting. THEIR Notary must have made a ton of money doing this, because nobody can find her, and this is EXACTLY why HFC/Beneficial were sued in EVERY state in this country. They plead GUILTY when the Feds got involved, and offered up next to nothing in compensation to the people they screwed. They foreclosed on hundreds of properties, and ended up having to repay those people for their losses. They have NOTHING from me, nor my wife, showing any type of loan at all. They called dozens of times each week trying to get me to pay them. When we finally got them to do a fraud investigation, after 3 years of this crap, the calls slowed down. When we asked them what they found in their investigation, they had no answer. Countless demands for RESPA docs went unanswered. Only when we hired an Attorney did they suddenly decide to send SOME paperwork. Of course, NONE of it had our signatures on it. They threatened to foreclose, and we told them fine...DO IT! At least it will go in front of a Judge finally. HFC actually told us that a Judge has nothing to do with a foreclosure. I asked them how they planned on ignoring the Judge when we immediately file an injunction on their sorry *&*&, they went silent. They would have to go through the VA, Countrywide, and BoA before they ever got anything if they even could foreclose. When we told them to go for it, the calls ended, and we haven't heard a peep in over two years. It's still on our credit reports. These Jabronies are unbelievable. They admit they have nothing, and still won't take it off. They refuse to communicate with our Attorney, and also refuse to remove the FORGED DoT from my property. I cannot sell my house as long as that is attached. We have filed a lawsuit against them, but the way the Court system is in NC, it'll take another few years before anything is done. I was stupid for actually trying to pay on it for a few years. I figured if I pay on this loan, when it all got straightened out, I'd be refunded all of my money. That's what normal people figure. I tried to save my credit rating by doing this. I figured this mistake of theirs would be sorted out in less than a year. Stupid me. When it's all done, we'll be getting our money back many times over. HFC will try and keep this from ever going to court for this reason. They know when they go infront of a Judge, it's all over except the check writing. Heaven help them if they try not paying. I'll get a writ of execution, and seize every d**n thing they own in my hometown. It would be a real shame to be trying to screw another potential customer, and have your office equipment and cash drawers hauled away. Now, try and tell me how poor and abused either of these two Companies is a legitimate lending institution. Go for it.

Not ONCE in my original post did I ever state that I didn't owe Beneficial anything. How more upfront could I have possibly been with them, when they were informed AND IN WRITING THAT due to the fact that I had been out of work for FOUR MONTHS and could no LONGER make the payments on this loan, that I was putting my home on the market in order to get them PAID? And, when I was finally able to locate a buyer and found myself facing a short sell, was I able to get anyone at Beneficial to respond to my REPEATED faxes, letters and phone calls, pleading for their foreclosure department to tell me whether or not they were going to remove their lien, before the only buyers I had finally gave up and fled, causing the primary mortgagers to foreclose on it alltogether? No, I could not! As devastated as I was, my real estate agent and the closing attorneys were shocked and stunned at Beneficial's TOTAL lack of response, and I am now paying for that, too! Now does this SOUND like I am being irresponsible?

I doubt I could have said it better myself... I've been in trouble financially myself and have always been upfront with my creditors. Yes, they've called incessently, but they explained how their system is on auto call. When I asked to speak with a supervisor, my number was taken off auto call. I paid my obligation and there was no problem. I only signed documents I read and understood. I asked questions. While I do understand there are conmen and terrible companies out there, why are there so many individuals blaming companies for their irresponsibility - either in not reading contracts before signing them or not contacting their creditors before they got into trouble? This website has truly opened my eyes to how many people have been scammed by conmen and how many are blaming everyone but themselves for their problems.

and that's all I have to say.

There seems to be a running theme with every statment made towards Beneficial. And that theme is I stopped paying my bill and the collector (Beneficial) got angry and screwed me. I am not a cold person, but if you borrow a large sum of money and aren't able to pay for whatever reasons, companies are going to be nasty and demand money. While working in a the lending industry for over 2 years I don't know why customers blame the lender for not being able to pay their bill. Also, consumers like to bring up the fact that their rate was and is too high. Well if that is the case then maybe you should not have signed the loan docs. Adults want to be treated like adults until they make foolish financial decisions!