Virginia
Miami Springs,#2Consumer Comment
Tue, July 04, 2006
Hi Cathi, GMAC is not going to do anything other then continue in its effort to steal your home. My suggestion is that you immediately file for a Chapter 13 bankruptcy. You need the protection of the bankruptcy court. Once you file do not come out of the bankruptcy for any reason! If you can't find a competent attorney then represent yourself. From reading your report it seems as though you can't be any worst off if you go pro se. Do not allow Gmac to get its hands on the $18,000 that you've paid into the court registry. Filing the bankruptcy should stay the release of this money for the time being. Let us know what you decide to do. Remember that time is of the essence and you must move quickly to save your home. Good Luck and God Bless
Cathi
albuquerque,#3Author of original report
Sun, June 25, 2006
I forgot to mention in my last posting that GMAC is going to take the $18,000 I paid in the court registry from December 2003 to may 2006 if I am not able to refinance and they take my home. If I refinance, I get it back. Real nice people. Prior to them saying this, my attorney had always said I could keep the money in the court registry if the Judge ruled I had to refinance and had no rights to the loan as I was not on the original Note and mortgage. Anyone know anything about this out there? Can they take that money legally? My legal aid attorney has basically quit fighting for me since his superiors have said they can not represent me any longer. I was grateful to have the representation by Legal Aid as I was not able to physically, emotionally or mentally handle this case myself and could not afford to hire a attorney who specialized in this area. He worked many hours on it, HOWEVER, I worried sick most of the time I would lose this case all along because I felt my attorney was 'missing the boat'. There were so many important facts and evidence supporting my case an dwhen I would begin to tell him something I thought was important, tell him he would interrupt me, not let me even finish what I was saying and yell at me telling me if I did not like the way he was doing things I could get another attorney. I heard that, literally, dozens of times It was very upsetting. I had to "walk on eggshells". I felt he was fighting the wrong issues and was focused mostly on GMAC over charging me and the accounting part and their incompetance in that area and not focusing on my crucial evidence which would save my home and win my case. He never even told the Judge I had a Judge's order saying I did not have to refinance. I believe it was important for her to know that existed. I had so much evidence in writing but he refused to submit it to the court as evidence without having the Bank of America, GMAC, Hud, etc. person who wrote or said the things in person to testify. He said the court would not allow submission without the witness in person to back it up. I knwo that is not the correct. There were so many goof ups that would have gone in my favor had the Judge been told. I suggested one time when he could not find the case law to support an argument even though we knew it 'was there" that he might call an attorney who specialized in this area and ask them where we could find it. He was too proud to do that though. Buddy,thank you for taking all the time to write your thoughts on this. Your thought that I might be able to get back all the payments that Bank of America and GMAC accepted from me from April 2000 to May 2006 is a new and different thought and and gave me some hope. How strongly do you feel about that? What do you think about them wanting to keep the money I paid into the court registry? You seem to be very knowledgeable about this. Does the fact I have the signed, recorded "reafirmation of Note and Mortgage" in my name from 2000, from Bank of America, have an affect on this, do you think? Any other thoughts on this? I agree just having the quit claim deed alone might not have made a difference but since I had that,the Judge's order and the reafirmation of note and mortgage, I based my opinon I should have legally been able to keep the mortgage and continue paying on it and that I certainly deserved prior notice of intent to file foreclosure since this is an FHA loan. More than one HUD Rep told me as my ex's spouse, with the court order alone GMAC should have given me all notices required by HUD and time to avoid the foreclosure before it was filed. I had NO prior notice at all, it was a total shock. In all my years in Real Estate and helping people try and save their homes from foreclosure, I never heard of anything like this. I had several cases where the husband owned the home before they were married and the wife was given the home in the divorce settlement. In those cases the wives
Cathi
albuquerque,#4Author of original report
Sun, June 25, 2006
Thanks so much, Joseph, Virgina and Buddy. I deeply appreciate your comments, ideas and encouragement. Sorry to take so long to follow-up, this battle is taking more than I have to give. Not sure if I mentioned originally Buddy, but Bank of America considered me a "co-mortgagor" I was told by one of their Reps with some power who has tried to help me by sending me their documents he could find to help me. He said he does not understand why GMAC is not allowing me to pay on this loan as B of A did. Too bad they sold the loan and this happened. One other important thing, besides the Judges original order that I did not have to refinance and the quit claim deed is the "Reaffirmation of Note and Mortgage" which was recorded in my county by Bank of America's attorney in 2000 when my ex defaulted on the loan after the Judge had ordered him to make payments until this case was finalized, which did not happen until the Fall of 2002. My ex did not respond to Bank of America's 2 foreclosures and I did, so Bank of America considered me a co-mortgagor, by their own words, from that point on and I was told by them I did not have to refiance and could keep that loan When my ex defaulted the 2nd time in Spring 2002 they allowed me to make payments and take out the forebearance agreements in my name for some of the months and had me sign them. Once the divorce settlement was finalized in the Fall of 2002, I made every payment, every month, to both Bank of America and GMAC up until GMAC filed foreclosure in March of 2004. I was told by Bank of America that since they considered me a co-mortgagor per the reaffirmation of Note and Mortgage that even though the loan was sold to GMAC that GMAC should have considered me the same. Bank of America kept accepting and cashing my payments even after being notified of my ex's bankruptcy as well. They both led me to believe I was safe in my home and no worry about foreclosure against me, verbally and by their actions, up until the foreclosure was filed. GMAC Reps told me over and over they would honor whatever agreements I had with Bank of America once I proved I had a quit claim deed even though it was of record and could have been easily obtained by them...since they kept losing the ones I sent... but they didn't. I have never been lied to so much as I have been lied to by GMAC and their attorneys. I will work the rest of my life to try and help others who are being persecuted unjustly by this company. Being a repected Realtor previously for 20 years, I know many Realtors and others in this town and have, and will, make sure every one I know knows what this company is like. None of them will do business with them when I am finished. UPDATE: I am still in the process of trying to get refinanced. I had filed an appeal against GMAC, pro se, but when told I would be able to refinance by a trusted loan officer, the attoreny for GMAC agreed to postpone the sale of my home on the court house steps until Ausgust 2, 2006 but only if I agree to withdraw the appeal and agree that if I am not refinanced by that date I will willfully give up my home 30 days after to them. Plus, I have to add another about 1,000 for their trouble of canceling the original sale. What choice did I have?! So, I agreed thinking. The Underwriter who had given my file approval had a very difficult time udnerstanding all this, but finally did. Problem is, his supervisor who approves his loan approvals did not because GMAC not only reported the loan as in foreclosure on my credit report (after arguing 2 1/2 years in court my name is not on the note and mortgage and I have no rights whatsoever) but, also reported that I have not made any payments for every month since they filed the foreclosure! I had submitted a court registry document to them showing, and I thought proving, all the payments I had made for the past 18 months into the court registry but because GMAC reported I did not make payemnts it makes this look very "fishy" and like I may be commiting fraud here. I had been told the foreclosure was on my credit report and that I was told their report alone had "dinged" my credit 60-70 points which makes the difference between an "a" paper and "b" paper loan. I could have even lived with a 12% interest rate to get this all out of the way for now with the idea of "streamlining" my loan in 9 months and getting a better rate. I wasn't told at the time my closing costs would be 7,000 instead of 2,0000 because of this GMAC report! The credit person verified per conference call with GMAC that I was not on the note and so said it has to come off my credit report. Problem is the credit reporting agencies (3 of them) each want a letter from GMAC, on their letterhead, stating I am not on the note, it was reported in error and to remove it, before they will remove the erroneous reporting from my credit report! You guessed it...GMAC has not gotten that letter to me yet which makes the underwriter even more suspicious. I might mention that now it is plural, "underwriters " because the loan officer, worried about making the deadline to close this loan thought she would try and see if she could get it done through other investors without the requirements of the first underwriter and without letting me know first. Turns out the others are even more suspicous and hesitant than the first and every time each of them pulled their own credit report, that "dinged" my report for more points! The Legal Aid attorney who will not now represent me with the appeal, wants out of this but he has been contacting the GMAC attorney on my behalf trying to get this resolved and the GMAC attorney admitted to him that GMAC should not have put this on my credit report and, in fact, was quite surprised they did! He offered to get a letter for me over a month ago and I still don't have it. I explained the urgency because I was told it takes 30 days, at least, to get it removed from the 3 credit reporting bureaus, if eveything goes as it should, and then I have to request of all 3 credit reporting agencies to "rescore" my credit report after it is removed so I will even be able to get a loan at all now. That, I am told, can take antoher 30 days. In addition the Underwrtiers want a letter from GMAC saying the court registry document I have submitted is factual and I did actually make the mortgage payments timely into the court registry every month for t hepast 18 months even though they reported on my credit report that I didn't. At this point GMAC is hindering me from getting this loan refinanced and as far as I know, even though I told my attorney to let them know that they will need to extend the foreclosure sale again if they case this delay as it is not my fault. Have not heard a word back on that one. Also, I received papers from the company handling the sale for HUD Iguess it is, saying if I needed more time to move I would need to submit a request, whilch I did with 3 Dr's letters saying I lam not able to move anytime soon due to serious health problems and a much needed surgery I have to have first and that I cannot move any boxes at all. They all said I would need at least 6 months. I received a denial letter on that. Didn't appeal it because I thought I was refianncing and didn't need to. The actual amount of money GMAC has admitted to over charging me, which I have fought in court all this time and they denied it until this past May, is about 5400.00. Interesting how I am having to pay their attonrey fees too to prove I do not owe this amount. That was another issue with the Uderwriter is why did I take this long to refinanc since the foreclosure was filed...duh...So, let's see, I have to pay them about 11,000 in attorney fees, so far, to prove they were over charging me 5400.00 and refusing to honor the required annual adjustable rate mortgage adjustment, as well, which they also admitted they had been wrong about. Can you believe all this?! I am ready to collapse but will lfight until I do! I cannot believe all the time and effort this horrible comlpany has put into filghting little ole me and a little house that is just a drop in the bucket money wise for them. Then they may have possibly ruined my chance to get a refinance loan and cause me to lose my home due to yet more incompetency and harassment. I wish I could afford an attorney to sue them. I belive if I had an attorney who udnerstood foreclosure and banking and Real Law I would win. If ever asked to join a class action suit, I will. I feel I cannot have gone through all this in vain and must do everything I can to keep this from happening to others. I am so discuraged but hope I have good news to report soon. This is so incredibly stressful with no relief in sight. If anyone has anymore ideas at this stage I would be most grateful. Blessings on you all! Cathi
Virginia
Miami Springs,#5Consumer Comment
Fri, June 09, 2006
Hi Cathi, Please give us an update on your circumstances. Your case seems very complicated. Buddy's insight was very good. I wish I could offer some advice. The only thing I can say is, ?Is There a Lawyer In House.? If you are an attorney please find it in your heart to at least point Cathi in the right direction. Is there any recourse available for her? Cathi be strong and hang in there.
Virginia
Miami Springs,#6Consumer Comment
Fri, June 09, 2006
Hi Cathi, Please give us an update on your circumstances. Your case seems very complicated. Buddy's insight was very good. I wish I could offer some advice. The only thing I can say is, ?Is There a Lawyer In House.? If you are an attorney please find it in your heart to at least point Cathi in the right direction. Is there any recourse available for her? Cathi be strong and hang in there.
Virginia
Miami Springs,#7Consumer Comment
Fri, June 09, 2006
Hi Cathi, Please give us an update on your circumstances. Your case seems very complicated. Buddy's insight was very good. I wish I could offer some advice. The only thing I can say is, ?Is There a Lawyer In House.? If you are an attorney please find it in your heart to at least point Cathi in the right direction. Is there any recourse available for her? Cathi be strong and hang in there.
Virginia
Miami Springs,#8Consumer Comment
Fri, June 09, 2006
Hi Cathi, Please give us an update on your circumstances. Your case seems very complicated. Buddy's insight was very good. I wish I could offer some advice. The only thing I can say is, ?Is There a Lawyer In House.? If you are an attorney please find it in your heart to at least point Cathi in the right direction. Is there any recourse available for her? Cathi be strong and hang in there.
Buddy
Eureka,#9Consumer Suggestion
Mon, June 05, 2006
Your post was very long, and I hope I got the basics correct. Your husband took out the property loan originally in his name. At the time of the divorce, he gave you a quit claim deed. You thought that BofA was working with you and said that you were now on the loan. (They really didn't mean that -- they were trying to get someone to make the payments.) When your husband filed bankruptcy, he was still the loan holder on the property, and he discharged the loan in bankruptcy. At that time, neither BofA nor subsequently GMAC had a person on the loan for your house who had filled their requirements for a loan, or had signed any papers taking out a a loan on the property. Your husband was the person responsible for the loan, and as far as the banks were concerned, you were making payments as a favor to the loan holder, not in your own name. (contrary to what they told you. If you never signed the 50 or so papers necessary to take out a mortgage on that house, you were not the person with the loan -- your husband was). The Court cannot order the mortgage company to just transfer the mortgage to your name if you were not originally on the loan. The quit claim did does make you a "person with an interest in the property", but does not make you the person with the mortgage. The lender, whether it is B of A or GMAC does not have to recognize you as the person holding the mortgage because, as you said, the original loan was only in your husband's name. B of A had no obligation to tell you the loan was being sold to GMAC because as far as they were concerned, you were not the loan holder. For you to have a mortgage in your own name, you needed to have an agreement IN WRITING with the bank(s) to get your husband off the loan and make you the one with the loan. This would also entail signing many other documents such as acknowledgement of certain disclosures, etc. What the "community property" allows is that you had a financial interest in the house, but the financial interest does not have to be recognized by the banks without a co-mortgage, but by your husband in the case of a divorce. It sounds like this step was never completed. A judge cannot order BofA or GMAC to give you a mortgage because BofA or GMAC will have to approve you the same way they would anyone applying for a mortgage. If both you and your husband had been on the loan in the first place, a lot of these problems could have been eliminated. I think the "ripoff" was not that your home went into foreclosure because as far as GMAC was concerned, you were never the loan holder in the first place -- it was your husband and he had the loan discharged in bankruptcy. The "ripoff" is that BofA and GMAC continued to take your money for the house payments when you had no legal obligation to pay them -- you risked having to move out of that house eventually if you never had the loan officially in your name. The Judge properly granted Summary Judgment to GMAC because you had no standing in this matter since the original house loan was with your husband and not you, although it seems grossly unfair since you were the one making the payments. I hope you find a lawyer to take your case because I think that you are entitled to at least part of the payments back from B of A and/or GMAC. Your original attorney was correct -- you should not have made the payments to begin with right after the separation because the Court had the power to order your husband to make them. BofA and GMAC misled you as to what was going on in an effort to keep you paying. Since you exhibited the ability to pay the payments for so many months, I'm surprised that GMAC didn't give you a loan. Remember, a quit claim deed does not mean that a mortgage company takes the original loan holder off the mortgage -- they just take note that a quit claim deed has been filed and your husband has no more title interest in the property, but that does not absolve him from his obligation to keep making payments on the mortgage. When the mortgage company made the original loan, they expected that your husband would keep making payments. The fact that you got divorced, your husband signed a quit-claim, etc,. makes no difference, and if you could get a copy of the original loan papers, and read the fine print, you'll see that there is no "divorce" or "quit claim" exemptions for your husband to keep making payments on HIS loan, until he can make other arrangements for someone to "buy" the house, or he discharges the loan in bankruptcy, which he did. You have been the victim of many people in this, and I am sorry you have been so ill and unable to fight back. I pray this will all work out for you somehow and that you and your son will again be at peace in your home.
Virginia
Miami Springs,#10Consumer Suggestion
Mon, June 05, 2006
Cathi, I read your report and my heart goes out to you. Please read the following Rip Off Report: I'm sure you've read many postings about GMAC, there are people out there trying to get together to do something about it. My farm name is platoridge, I like the .com ending, and there is a link called GMAC. Joseph - Watseka, Illinois U.S.A. I'm sure there are many who have read your ROR and would like to help. Keep us informed. Virginia, Miami Springs, Fl