Excerpts from the report…
Nicole DePuy thought she was one of the lucky ones when she walked out of Harborside Event Center on Jan. 27 with a loan modification that would save her home from foreclosure.
After waiting hours to talk to her lender at the highly publicized event, the 40-year-old speech-language pathologist had been approved for a trial with the Home Affordable Modification Program.
And best of all, under the terms of the program, all foreclosure action would stop. The scheduled sale of DePuy’s Cape Coral home was prohibited under the terms of the agreement.
Nothing could be further from the truth.
DePuy called Bank of America to find out what happened and was told the bank had failed to notify the lawyer handling the foreclosure sale that DePuy was in the trial loan modification program.
Fort Myers attorney Robert D. Royston Jr. agreed to represent DePuy. He asked the court to set aside the sale “on the basis of the mistake by the plaintiff.”
Royston filed the contract showing the modification and the HAMP guidelines that read: “Foreclosure sales may not be conducted while the loan is being considered for a modification or during the trial period.“
~
The judge didn’t have an opportunity to read the pleadings.
~
“The judiciary is having difficulty given the volume to give the attention each case may require,” Royston said.
Because Isla Blue purchased the house fair and square, it belonged to it, the judge ruled.
Read entire report here…
Moral to the story…
Believe Nothing and Challenge Everything…
~
I have a question. After two years of going through a loan modification, approved for trial period, made all payments back in august, signed the final modification papers in December and continued to make the modification payment as directed, I have now mysteriously been kicked out of the system, my modification is closed and I just received papers stating I will be in foreclosure in June if I dont come up with the cash owed now (since mod payments were less). I was told the modification was going to closing and everything would be fine. Now this?? I kept close communications with these people through this whole process and with now reason they do this to me??? This screams of illegal actions, and I am going crazy trying to get answers. Has this happened to anyone else? What can I do?
Can’t she sue the britches off these bitches???
Foreclose. No questions allowed.
Yet another rocket-docket summary judgment based on a case with “no issues of material fact”.
Defend your homes America!
ForelcosureHamlet.org
Yes, you are right! Bank of America is a monster… They originated for me FAKE Appraisal (included two lots, but I have only one. The Appraisal Report was kept as SECRET document for two years, and after that they sent me a copy (not ORIGINAL I paid for!) of this FAKE Appraisal. They, as well, “kindly” set for me the very expensive Hazard Insurance and NEVER sent me ANY proof I’m really covered. I contacted DIRECTLY Balboa Insurance Group and they DID NOT FIND my name, Policy # or else whatsoever. BOA committed lot’s of other FRAUD such as: the CONVENTIONAL loan miracally became into INTEREST ONLY MORTGAGE (none of my mo. payments went to PRINCIPAL at all for 5 years!). I tried to communicate with BOA but result as you hit a cotton wall! I stopped to pay them anything at all …for two years! Now I’m in foreclosure proceeding, which initiated WELLS FARGO BANK I never heard about…. One year they’re trying to take my home. But I moved for Production of ORIGINAL documents, Request for Admissions, Written Interrogatories and they produce – “ZERO”. Don’t be affraid of them! Fight back! Learn how to do it by yourself (give this link to your friends also) at: http://www.jurisdictionary.com/index.asp?refercode=CM0010. Good luck!