Foreclosure Settlement Checks Significantly Smaller Than Regulators Forecasted: Homeowners

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Foreclosure Settlement Checks Significantly Smaller Than Regulators Forecasted: Homeowners

Adam Crain reckoned he was due $125,000. That amount would come as compensation for losing his Oak Harbor, Wash., home to foreclosure while he was serving aboard a naval vessel in the Middle East. He calculated that sum using a table distributed by federal regulators as part of a $9.2 billion settlement with mortgage companies over a wave of improper foreclosures.

Federal law offers special protections from foreclosure to military personnel, especially those receiving hazard pay, as Crain was at the time.

But last week, when Crain opened the envelope and removed his check, he was horrified by the amount his bank, Wells Fargo, had determined he was due: Eight hundred dollars was all he received.

“This is what happens when there is no oversight,” Crain said.

Two weeks after the first payments began going out as part of the settlement struck in January with mortgage companies, homeowners who suffered improper foreclosures are describing a new injury. Many say they are being denied their rightful compensation under the terms of the deal.

More here…

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4closureFraud.org

Comments
6 Responses to “Foreclosure Settlement Checks Significantly Smaller Than Regulators Forecasted: Homeowners”
  1. Sorry, I am confused. Military or not. Should all be the same (and yes, I am military). So if he was getting extra hazard pay as well, why could he not make the payment?

    • daveleforged says:

      Not all of the wrongful foreclosures related to whether or not someone made their payments, take ours for example. This whole mess started in April 2010 when a Bank instructed their collection Attorneys Feiwell and Hannoy P.C to file a foreclosure lawsuit against us regarding a home/mortgage we sold months prior.
      We sold and closed the mortgage by way of Remax Real Estate and Chicago Title Company on January 6, 2010. Funds were wired to the Bank and received by the Bank within a couple of days of the closing.
      In late April 2010 my wife and I each received letters in the mail from the Foreclosure Mill Feiwell and Hannoy P.C. stating that we were being sued for foreclosure on the very home we sold in January 2010. A few days later we were served with wrongful foreclosure lawsuits. We tried to contact Feiwell and Hannoy and explain to them that we did not own the home and to get them to stop the foreclosure process, They would not respond to our constant pleas. We contacted everyone we could think of including our State Representatives, Attorney General, Governor’s office and the list goes on and on. Everyone we contacted suggested we get an attorney. The Bank and Feiwell and Hannoy ignored us and continued the lawsuit process without any acknowledgement of our constant pleas to stop the lawsuit. In early June 2010 after exhausting every avenue we could think of to stop the wrongful foreclosure lawsuit, we retained an Attorney. Even with an attorney on our side Feiwell and Hannoy P.C. still proceeded with their wrongful foreclosure lawsuit. It wasn’t until late July 2010 before they dismissed their lawsuit against us, by then our lives were literally turned upside down and in shambles. Our Attorney filed a complaint against Feiwell and Hannoy in April 2011 for violating the FDCPA. Since then our attorney withdrew his appearance, and left us holding the bag, we’ve had to continue the process as pro se litigants.
      A lawsuit was filed against the Bank separately in 2010 regarding their involvement in the wrongful foreclosure. The Bank decided to settle with us. We were supposed to receive a settlement check and other documents by the Bank by the end of January 2012 as per the settlement agreement we agreed to on December 20, 2011. We still have not received the check or funds. In late January 2013 we received two separate 1099 Misc. and immediately forwarded them to our attorney as requested, we heard nothing more until we sat down with our tax expert in April 2013. Our tax expert explained to us that Bank of America reported to the IRS that they had paid us the amount on the 1099 Misc. forms. We explained to him that we had not received any money from Bank of America. He told us we had to address that issue before we were able to file our taxes. On April 3, 2013 we questioned our attorney about this aspect and she filed a motion to withdrawl and a motion of Attorney’s lien. Every step of the legal process has been an uphill battle; the legal process has made us feel as though we were the guilty party from day one. No one has believed us, especially the Magistrate Judge assigned to our cases. We have been beat down to the point we fear for our own well-being. What avenue does the innocent party take if not for the legal process?? We just want someone interested enough to just listen to us.

      FAST FORWARD TO MARCH 2013

      On March 11, 2013 a status/settlement teleconference was initiated by Magistrate Judge Denise K. LaRue by order of Chief Judge Robert Young, the Magistrate began the teleconference on a subject matter regarding our Motion to compel discovery documents. The Magistrate began the teleconference by questioning our need for the requested discovery documents. There were a total of 34 separate items of request. The Magistrate kept denying each item up to the first six of the 34. The defendants attorney even noted that the information the Magistrate was questioning my wife on weren’t necessary and would be addressed in their upcoming response due by March 18th 2013, but the Magistrate continued going through each motion to compel items and denying them right after another. My wife had gotten so frustrated at the Magistrate’s demeanor that she became physically ill, and while not thinking clearly my wife retaliated and told the Magistrate she was physically ill and inadvertently released the call. My wife spent the next hour or more in the bathroom physically ill and vomiting; she was unable to return to work and was unable to stop crying for two days. I have never seen my wife so distraught and emotional before this. I was deeply concerned for my wife’s well-being and fear my wife was on the verge of a physical and mental breakdown.
      My wife’s profession as a Quality Auditor requires her to be out of town most of the time, and while my wife was out of town a letter from the courts arrived in the mail. I opened the letter to find that Magistrate LaRue is ordering my wife to appear in her Indianapolis, Indiana courtroom in person to Show Cause. I didn’t have the heart to tell my wife about the letter while she was out of town nor could I bear the thought of what affect it would have on her, I fear the devastation will send her over the edge. My wife is a professional and has never shown any disrespect to anyone, mainly a Magistrate Judge. She hasn’t even had a traffic ticket for pity sakes. She has always respected the legal system.
      My wife returned home on April 5th 2013, and the following day I sat down with my wife and told her about the Magistrate’s Order to Show Cause. As I feared, the news sent her into a spiraling out of control whirlwind of emotions. She swears she does not remember the comments the Magistrate referred to as saying: A Mickey Mouse Operation, but does remember getting physically ill. Two days later On April 8th 2013 my wife was still so emotionally distraught that I had to take her to our Physician. The Doctor comforted her, placed her on a very strong prescription of anxiety medication and referred her to a psychologist for further evaluation and diagnosis; in the meantime the Doctor instructed her to call a help hotline for more immediate help.
      Up until this fiasco we both have respected the legal system. We now understand why people avoid the legal process altogether. When a Magistrate Judge is permitted to destroy another person’s life with malice then it becomes incomprehensible and just plain cruel. This Magistrate Judge should be fully aware the hardship this will certainly cause both my wife and I, not counting the financial liability involved in taking time off from her employment, airfare from Naples Florida to Indiana, hotel, car rental, meals etc. It’s very apparent there will be nothing to gain here, other than the Magistrate’s self-satisfaction of humiliating, belittling and utterly destroying my wife’s life. The emotional roller coaster we’ve been forced to ride has taken a toll on both of us, my wife especially. In the beginning all we tried to do was stop a wrongful act perpetrated against us, and ensures there were processes in place to deter the same thing from happening to anyone else. We are now totally convinced that if we had it to do over again we would have been better off allowing the wrongful foreclosure to proceed. We realize we would have had to pay monies we did not owe, and other lives would have been affected, but in the interim we would have saved our mental and physical capabilities. The anguish we’ve suffered and continue to suffer throughout this nightmare has been intolerable to say the least. We are both under a doctor’s care, both mentally and physically.
      Our understanding of the Judiciary obligation to the people is quite different from what continues to happen. Our understanding of the Judiciary’s obligation is to uphold and promote the independence, integrity, and Impartiality of the office, while avoiding impropriety and the appearance of impropriety, not to hold bias tendencies, mistreat, antagonize, or bully another human being to the point of doing things they normally would not do. We have always believed the people have the right to be heard in order to allow for a level and fair playing field. As Martin Luther King quoted “Our lives begin to end the day we become silent about things that matter.”
      Truth, Justice and The American way is literally becoming a myth. We as People are beginning to lose confidence in the very thing we hold so dear, and unclear to the intent of which instituted the pledge of allegiance; I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under god indivisible, with liberty and justice for all. Are these just words for the purpose of history or do they still contain merit and meaning???
      Our observation is quite clear, in order to get any justice whatsoever, you either need to be a scholar in law, or filthy rich to afford quality legal representation. It’s been made very evident the Pro Se litigant has no chance in the legal arena. JUSTICE FOR ALL??
      Our complaint was very simple. WE DID NOT OWN THE HOME THEY TRIED TO FORECLOSE ON. We are not crybabies we are human beings trying to fix a problem through the legal process.
      My wife and I have both served the United States through the military capacity and service, we have always had the upmost respect for our country and the legal arenas, we are not about to disrespect either one. If either one of us has disrespected them we humbly apologize from the bottom of our hearts.

  2. Sandra says:

    This is all so devastating. We’re not being made “whole”; we’re being the vehicle once again for banks to move money to their own ‘investigators’ instead of compensating us for ANY of our losses. The banks caused the Great Recession by their greedy financial manipulations, impoverished many millions of homeowners, savers, and the entire country, have not in any way been brought to justice, have not been prevented from creating more similar messes in the future, and are now making record-breaking mega-profits from increased fees, resales of our foreclosed homes, and the spread between borrowing money from the People at 0% and re-lending it back to consumers at 4%, which is 1.25% higher than historic profit margins. The banks have not been broken up. The bought and paid for Congress & House continue to do their bidding to thwart real financial reform, with few exceptions such as Elizabeth Warren who actually ‘gets it’. I’d like to move fwd with my life, but I’ve been plucked like a chicken, my home illegally taken, now even the last glimmer of hope that I may receive SOME compensation to start over from nothing is dashed, and with the economy still depressed & banks hanging onto their stolen inventory (or selling it wholesale to the Chinese in bulk sales), I am frustrated, furious, and find it clear that politicians who are paid by entities who do not have the best interests of the US population in mind are biased and jeopardizing the citizens. Since the Supreme Court decided that money is free speech & is protected so that any entity can ‘buy’ our gov’t, this abomination leads directly to the pandering to Banks and other monstrous entities. We must get money out of politics. We must get out and vote for our best interests. If the 4.5 million people the banks acknowledge have been defrauded by their actions would get behind a reaction or plan, isn’t it likely the noise would cause something to happen? What can we do? Should we target one/all of these lenders & pull out all our money (as if we had any left), or picket, or…? Our gov’t ‘of the People, by the People and For the People’ has been derailed so that now it’s ‘of the Rich, by the Politicians, For the benefit of Greedy Enterprises’.

  3. israel144 says:

    I was supposed to get $125,000 for a completed foreclosure without being in default, but for them to do that, it would mean they commited a crime called IDENTITY THEFT!!! so they sent ” borrower” $6,000 for denial of loan modification

  4. daveleforge says:

    This whole mess started in April 2010 when a Bank instructed their collection Attorneys Feiwell and Hannoy P.C to file a foreclosure lawsuit against us regarding a home/mortgage we sold months prior.
    We sold and closed the mortgage by way of Remax Real Estate and Chicago Title Company on January 6, 2010. Funds were wired to the Bank and received by the Bank within a couple of days of the closing.
    In late April 2010 my wife and I each received letters in the mail from the Foreclosure Mill Feiwell and Hannoy P.C. stating that we were being sued for foreclosure on the very home we sold in January 2010. A few days later we were served with wrongful foreclosure lawsuits. We tried to contact Feiwell and Hannoy and explain to them that we did not own the home and to get them to stop the foreclosure process, They would not respond to our constant pleas. We contacted everyone we could think of including our State Representatives, Attorney General, Governor’s office and the list goes on and on. Everyone we contacted suggested we get an attorney. The Bank and Feiwell and Hannoy ignored us and continued the lawsuit process without any acknowledgement of our constant pleas to stop the lawsuit. In early June 2010 after exhausting every avenue we could think of to stop the wrongful foreclosure lawsuit, we retained an Attorney. Even with an attorney on our side Feiwell and Hannoy P.C. still proceeded with their wrongful foreclosure lawsuit. It wasn’t until late July 2010 before they dismissed their lawsuit against us, by then our lives were literally turned upside down and in shambles. Our Attorney filed a complaint against Feiwell and Hannoy in April 2011 for violating the FDCPA. Since then our attorney withdrew his appearance, and left us holding the bag, we’ve had to continue the process as pro se litigants.
    A lawsuit was filed against the Bank separately in 2010 regarding their involvement in the wrongful foreclosure. The Bank decided to settle with us. We were supposed to receive a settlement check and other documents by the Bank by the end of January 2012 as per the settlement agreement we agreed to on December 20, 2011. We still have not received the check or funds. In late January 2013 we received two separate 1099 Misc. and immediately forwarded them to our attorney as requested, we heard nothing more until we sat down with our tax expert in April 2013. Our tax expert explained to us that Bank of America reported to the IRS that they had paid us the amount on the 1099 Misc. forms. We explained to him that we had not received any money from Bank of America. He told us we had to address that issue before we were able to file our taxes. On April 3, 2013 we questioned our attorney about this aspect and she filed a motion to withdrawl and a motion of Attorney’s lien. Every step of the legal process has been an uphill battle; the legal process has made us feel as though we were the guilty party from day one. No one has believed us, especially the Magistrate Judge assigned to our cases. We have been beat down to the point we fear for our own well-being. What avenue does the innocent party take if not for the legal process?? We just want someone interested enough to just listen to us.

    FAST FORWARD TO MARCH 2013

    On March 11, 2013 a status/settlement teleconference was initiated by Magistrate Judge Denise K. LaRue by order of Chief Judge Robert Young, the Magistrate began the teleconference on a subject matter regarding our Motion to compel discovery documents. The Magistrate began the teleconference by questioning our need for the requested discovery documents. There were a total of 34 separate items of request. The Magistrate kept denying each item up to the first six of the 34. The defendants attorney even noted that the information the Magistrate was questioning my wife on weren’t necessary and would be addressed in their upcoming response due by March 18th 2013, but the Magistrate continued going through each motion to compel items and denying them right after another. My wife had gotten so frustrated at the Magistrate’s demeanor that she became physically ill, and while not thinking clearly my wife retaliated and told the Magistrate she was physically ill and inadvertently released the call. My wife spent the next hour or more in the bathroom physically ill and vomiting; she was unable to return to work and was unable to stop crying for two days. I have never seen my wife so distraught and emotional before this. I was deeply concerned for my wife’s well-being and fear my wife was on the verge of a physical and mental breakdown.
    My wife’s profession as a Quality Auditor requires her to be out of town most of the time, and while my wife was out of town a letter from the courts arrived in the mail. I opened the letter to find that Magistrate LaRue is ordering my wife to appear in her Indianapolis, Indiana courtroom in person to Show Cause. I didn’t have the heart to tell my wife about the letter while she was out of town nor could I bear the thought of what affect it would have on her, I fear the devastation will send her over the edge. My wife is a professional and has never shown any disrespect to anyone, mainly a Magistrate Judge. She hasn’t even had a traffic ticket for pity sakes. She has always respected the legal system.
    My wife returned home on April 5th 2013, and the following day I sat down with my wife and told her about the Magistrate’s Order to Show Cause. As I feared, the news sent her into a spiraling out of control whirlwind of emotions. She swears she does not remember the comments the Magistrate referred to as saying: A Mickey Mouse Operation, but does remember getting physically ill. Two days later On April 8th 2013 my wife was still so emotionally distraught that I had to take her to our Physician. The Doctor comforted her, placed her on a very strong prescription of anxiety medication and referred her to a psychologist for further evaluation and diagnosis; in the meantime the Doctor instructed her to call a help hotline for more immediate help.
    Up until this fiasco we both have respected the legal system. We now understand why people avoid the legal process altogether. When a Magistrate Judge is permitted to destroy another person’s life with malice then it becomes incomprehensible and just plain cruel. This Magistrate Judge should be fully aware the hardship this will certainly cause both my wife and I, not counting the financial liability involved in taking time off from her employment, airfare from Naples Florida to Indiana, hotel, car rental, meals etc. It’s very apparent there will be nothing to gain here, other than the Magistrate’s self-satisfaction of humiliating, belittling and utterly destroying my wife’s life. The emotional roller coaster we’ve been forced to ride has taken a toll on both of us, my wife especially. In the beginning all we tried to do was stop a wrongful act perpetrated against us, and ensures there were processes in place to deter the same thing from happening to anyone else. We are now totally convinced that if we had it to do over again we would have been better off allowing the wrongful foreclosure to proceed. We realize we would have had to pay monies we did not owe, and other lives would have been affected, but in the interim we would have saved our mental and physical capabilities. The anguish we’ve suffered and continue to suffer throughout this nightmare has been intolerable to say the least. We are both under a doctor’s care, both mentally and physically.
    Our understanding of the Judiciary obligation to the people is quite different from what continues to happen. Our understanding of the Judiciary’s obligation is to uphold and promote the independence, integrity, and Impartiality of the office, while avoiding impropriety and the appearance of impropriety, not to hold bias tendencies, mistreat, antagonize, or bully another human being to the point of doing things they normally would not do. We have always believed the people have the right to be heard in order to allow for a level and fair playing field. As Martin Luther King quoted “Our lives begin to end the day we become silent about things that matter.”
    Truth, Justice and The American way is literally becoming a myth. We as People are beginning to lose confidence in the very thing we hold so dear, and unclear to the intent of which instituted the pledge of allegiance; I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under god indivisible, with liberty and justice for all. Are these just words for the purpose of history or do they still contain merit and meaning???
    Our observation is quite clear, in order to get any justice whatsoever, you either need to be a scholar in law, or filthy rich to afford quality legal representation. It’s been made very evident the Pro Se litigant has no chance in the legal arena. JUSTICE FOR ALL??
    Our complaint was very simple. WE DID NOT OWN THE HOME THEY TRIED TO FORECLOSE ON. We are not crybabies we are human beings trying to fix a problem through the legal process.
    My wife and I have both served the United States through the military capacity and service, we have always had the upmost respect for our country and the legal arenas, we are not about to disrespect either one. If either one of us has disrespected them we humbly apologize from the bottom of our hearts.

    Oh by the way my wife recieved her IFR check for a measly $500 . What a crock, we won’t be cashing it, and I suggest others do the same, furthermore I would like to find out who gets the unclaimed money that will be piling up.

    • robert wade says:

      My name is ROBERT I. WADE and I have filed a case order to show cause in EASTERN DISTRICT OF SACRAMENTO, CALIFORNIA and I would like you to produce an affidavit, notarized and I would enter it as a testimony of wrongdoing by banks, their servicers and legal counsel. The case no. 2:13-cv-000758-KJM-AC, gain access to pacer to follow along. Your story is the most heart wrenching I have come across since 2010 when I almost lost my home to WELLS FARGO BANK. contact me at waderobert65@yahoo.com or (209) 242 4484 cell ph. address 14818 Grassland Road Lodi, Calif. anxious to hear from you and God Bless You. ROBERT I. WADE

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