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  • Report:  #147396

Complaint Review: Kivell Rayment Francis Et Al - Tulsa Oklahoma

Reported By:
- Tulsa, Oklahoma,
Submitted:
Updated:

Kivell Rayment Francis Et Al
7666 East 61st Street, Tulsa, 74133 Oklahoma, U.S.A.
Phone:
918-254-0626
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
Back in 2003, due to not having a job, I got behind on my mortgage payments with Chase Manhattan Mortgage. They turned me over to their foreclosing attorneys, Kivell, Rayment, Francis, et al.

Prior to a foreclosure action having been filed against me, I made payment arrangements with Chase and even sent them $3,000 in a cashier's check to make 3 payments. My forbearance agreement was for 12 months. Prior to making my second payment, I went into OSCN.NET to see if Kivell had filed the Foreclosure Petition and sure enough, even though I had a written Forbearance Agreement and sent my original payment of $3,000, Kivell's law office filed the Petition anyway.

I filed my own Answer and Cross Petition, pro se, and requested a Dismissal of the Foreclosure prior to making another payment under the Forbearance Agreement. None was forthcoming. I am still in my house because Kivell's office would not work with my Bankruptcy attorneys in working out a payment arrangement. I took Bankruptcy to keep them from taking a personal judgment against me.

This went on until October, 2004. Kivell filed a Motion with the Court to amend its Petition, which the Court allowed. Chase nor Kivell would do anything to work with me in coming to a remedy in this situation. I have lived in my house for 13 years. Oklahoma has the highest default rate of all 50 states. Tulsa, Oklahoma lost over 20,000 jobs since 9/11/2001.

Kivell's office has been fired by so many mortgage servicing companies because of their incompetencies and they are still working as a foreclosure mill. I would like to sue this lawfirm for taking me into foreclosure while I had already signed a Forbearance Agreement with Chase.

Shari

Tulsa, Oklahoma
U.S.A.


1 Updates & Rebuttals

Julie

Guthrie,
Oklahoma,
U.S.A.
Trying to understand... You should be angry at the mortgage company.

#2Consumer Suggestion

Sat, June 25, 2005

So you filed BKR before or after they forbearance? Here's the thing, you can't sue a law firm for doing what they are being paid to do. You should be angry at the mortgage company. Your forbearance agreement was between you and the mortgage company, not between you and the attorney's office. Once your plan is executed, ie you send in the up front contribution, you sign off on the plan and return it, then they process it and at that time tell the attorney's to cease until further notice. If they attorney's proceeded, it is because they were not instructed to stop by the mortgage company, who they work for. You don't give a definitive time frame, so it hard to tell when they filed the petition and when the mortgage company received your agreement and the cashier's check in the mail. Failing to make your payments on the forbearance, regardless of the court activity effectively broker your plan. The court action would have been halted had you discussed it with the mortgage company, and probably was going to be halted until you missed that next payment.

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