Happy Memorial Day!
Loan Servicer Sought Foreclosure Despite Proof Mortgage Was Paid
GREENFIELD, Ind. — A woman who said she had no idea that her house had been put up for foreclosure even though the mortgage was paid off is relieved that a loan servicing company has backed off after years of struggle.
After Marilyn Elliott’s parents died, she and her sons were bequeathed the home on Noble Street in 2006.
After her father died, Elliott’s mother, Dorothy, took out a home improvement loan for $90,000 in 1999 that was paid in full in 2001.
Within months of her mother’s death in January 2006, Elliott began encountering people who made monthly visits to her doorstep, telling her to vacate the home and demanding her house keys.
Elliott began putting a lot of her belongings in storage to keep them away from unwanted visitors.
“You’re not getting my home. I said, ‘There’s the street. Hit it,'” Elliott said.
The Army veteran said she didn’t know that Florida-based Ocwen Financial Corporation had sought foreclosure.
The company was given the deed to the home and asked a court to remove Elliott and her family in June 2007.
In November 2006, a court had sided with Ocwen, and the home was sold in a sheriff’s sale in February 2007.
“How could it be sold? I said, ‘Nobody even told us,'” Elliott said.
Elliott filed a complaint with the Indiana Attorney General’s Office and the Comptroller of the Currency, which regulates national banks.
“She stayed in the home and defended it,” said Tom Williams, Elliott’s lawyer.
Elliott’s case advanced to the Indiana Court of Appeals, where the court gave a stinging response to the companies for their actions and questioned their motivation.
“The Kafkaesque character of this litigation is difficult to deny,” the judges said in their opinion. (below)
The foreclosure remained on hold, and the case was sent back for a trial.
“They (Ocwen) owned the house. I suppose they didn’t want to get off that deed,” Williams said. “They’d make a great deal of money reselling this house.
“Ocwen Financial Corporation dropped its lawsuit a couple of weeks ago.
“I got a hold of my son. I said, ‘It’s over, it’s over.’ He said, ‘Hooray,'” Elliott said. “That was a very good moment. This is my home, my mom and dad’s home. I want to live here until I die.
“A Chase representative told 6News that the company no longer holds the loan and had nothing to do with the foreclosure action. An Owcen representative said the company is looking into the matter.
More Information: How To File A Complaint With The Comptroller Of The Currency
Fore more go here…
4closureFraud.org
The Indiana Court of Appeals Ruling
Elliott v. JPMorgan Chase Bank
This home stealing by these shady criminal sheisters is becoming more and more egregious. These people should sue the pants off of all involved. No one is safe in a land where criminals are making the laws and have corrupted the politicians and the legal system to help themselves commit their crimes with ease.
It is not enough that Ocwen has dropped the suit. They’ll just sell the “loan” to someone else and this matter will come back to haunt them another day. These are Zombie loans. They never die. What she needs to do NOW is file an action for Quiet Title and have the Court issue her the title to her home FREE and CLEAR against all other creditors whether known or not. A Quiet Title action will lift the cloud on her title; she can record that title at the County Recorders Office and put everyone on notice that the home is Free and Clear of encumbrances. That will prevent another round of Zombie litigation because all she’ll need to show is the Court Order and Record of the clear title.
I filed a Complaint with the OCC (Office Of The Comptroller of the Currancy, and they did nothing, other than sending the very bank I am filing the Complaint against, and ended it based on that banks response instead of listening to my Complaint! I was livid!
Seems to me, the banks are not being seen as they are and have more of a say so than the Homeowners and the Judges are now the only way out!
Let’s hope they will protect the American Dream of homeownership…
Just got my responce from the Office of Thirft Supervision on my complaint against OneWest FSB( formerly IndyMac). After reviewing your letter, we believe your concerns have been addressed, and we are closing our file on your case. They are going off the bullshit letter I received on April 22, 2010 that responded to none of the claims I made against Onw West. The comforting thing is OTS appreciates me taking the time to bring this matter to their attention and if I have any other concerns, please contact them. That seems to be a waste of time.