Lawsuit Claims Suspicious Signature On Foreclosure Documents
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Georgia’s Version of David J. Stern and Friends? – McCalla Raymer, Charles Troy Crouse and Prommis Solutions
Lawsuit Claims Suspicious Signature On Foreclosure Documents
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I read the entire Georgia Class Action, Wendy Jenkins, the attorney has missed 95% of the causes of action which I believe all homeowners can plead successfully. Equitable Tolling must be read into every violation, as the statute of limitations does not run until we each discover the fraud. Our closing documents are replete with fraud. We need an entire section in the Complaint just on them. I realized the fraud after September 2 2010, when I received the Notice of Foreclosure, and began to research my files, began paying attention to the minuscule media reports, and stumbled upon livinglies/wordpress, which opened up an entire world of foreclosure fraud information.
My daughter and 5 sons live in the house they attempted foreclosure on in October. However, I live in Fayetteville as well, and have a home in Stone Mountain, which I rented when I moved here. Though neither is in default or foreclosure, I plan to cease payments and send the RESPA/TILA information requests, followed-up with a lawsuit, as soon as I get time and the current case is under control. They were both refinances transferred to EMC some years ago, and I am confident I can use the same Complaint.
After reading approximately several hundred complaints, motions, orders, decisions, and opinions, many of the complaints filed by attorneys, I am confident that homeowners can win pro se. The entire scheme has been exposed; most judges and attorney’s are well aware of the fraud now. All the law, rules, information, research, pleadings, etc., can be found easily on the internet. Let’s work together and WIN.
Has anyone read these articles:
http://www.rollingstone.com/politics/news/matt-taibbi-courts-helping-banks-screw-over-homeowners-20101110?page=1
http://www.amvona.com/blog/economics/20-tattoos-pyramid-schemes-and-social-justice.html
Linda, I work with the attorneys representing Ms Jenkins and you are wrong. There is no need to establish equitable tolling, the illegalities complained of occurred within the last six years, which is the period allowed for in the statute of limitations for written contracts in Georgia.
In addition, OCGA 9-3-23 provides a 20 year SOL for “instruments” under seal… which the assignments definitely are, since they uniformly say “In witness thereof, the Assignor has hereunto set its hand and seal this______” and they go further in saying “Signed sealed and delivered in the presence of” to which the notary then applies her own seal.
Therefore, no recitation of “equitable tolling” is needed. You’ve missed the entire point of the suit! The suit does not allege fraud in the inducement, it complains chiefly of fraudulent transfers and not of TILA violations.
This is the problem commonly found with Pro Se litigants, they know enough law to be dangerous, but not enough to be effective…
By the way, the attorney is Louise Hornsby and NOT “Wendy Jenkins”, Wendy is one of the lead plaintiffs.
ForensicMortgageExamaminer, thank you for your comment. Since my case just began the day before the alleged foreclosre sale on October 5, 2010, I admit it has been difficult to read hundreds of pages of foreclosure fraud pleadings, law and articles. Still Learning.
Are you located in Metro-Atlanta; do you perform full mortgage and securitization audits?
I am looking for foreclosure fraud Georgia attorneys. I would appreciate if you could send some names to me. mariehyde@windstream.net
I am located in Fayetteville, GA and the attempted illegal foreclosure sale was purported scheduled for October 5, 2010. I currently have a Fayette Magistrate dispossessory case, as well as my law suit filed in Superior Court, filed October 4, 2010, which Defendants removed to USDC NDGa on the 11th. I have a very good case with many causes of action that will stand. The dispossessory can go no further. MERS originally attempted to foreclose, but I sent a letter to McCurdy & Candler and filed my Amended Verfied Complaint, which removed MERS completely from the equation. Defendants sent forth servicer, ALLY/GMAC, to dispossess, stating that is now owner of my home, which cannot possibly be true, nor can they even attempt to prove it. I am in the process of either filing a motion requesting that the judge allow discovery, or a Motion to Quiet Title in Magistrate Court.
I added the foreclosing firm McCurdy, as well as their assigned attorney, as Defendants in my Amended Verified Complaint in the USDC law suit, which they are also representing Lendia, ALLY/GMAC and MERS in that same case
They assigned the dispossessory to O’Kelly & Sorohan to represent ALLY/GMAC solely as interested party in the dispossessory. O’Kelly and the assigned attorney are also Defendants in the law suit. However, at a hearing in the Magistrate court O’Kelly’s attorney spent 2.5 hours with me in the lobby calling ALLY/GMAC requesting the original note and deed, which we all know they do not have and all pertinent documentation evidencing that I am in default, which they cannot do. I charged him to his face, as with all attorney’s, none every conduct due diligence and are committing fraud on homeowners, with no evidence that their clients are who they say they are, and no proof of delinquency, let along default.
This attorney was speechless when he saw just a sample of fraud in GMAC Official Site Transaction History Exhibits to my USDC Amended Complaint.
The key is that no one except us, the homeowners, have title and beneficial interest in our homes, as MERS never had any to pledge, transfer, hypothecate or assign. That is the major fraud on us, we never owed anyone any debt as neither the lender, MERS nor the servicer have ever been a party in interest, all of the closing documents were fraudulent.
I also have many, many violations of all applicable federal and state statues, codes, regulations and rules, including Constitutional Rights, Civil Rights, Identity Theft, all the Common Law Frauds, USC Code, UCC Code, Georgia Code, Federal Trade Commission, Mail Fraud, Wire Fraud, RICO, Forgery, 33 Act, all Acts relating to mortgage loans and credit, such RESPA, Reg X, TILA, Reg Z, HOEPA, Georgia Fair Lending Act 2002, and other. I have gathered many documents exhibits and have lots of evidence of the conspiracy.
I am just wondering if there are any pro se plaintiff’s who are working together on their cases. I have done sooooooo much research and I am confident that we can all win. The judge ordered me to be more specific in the violations of each individual Defendant, and asked that I not use the term Ponzi or Pyramid, I assume he does not know that Georgia has law relating to Pyramid Schemes. He has ordered me to submit a Second Amended Complaint.
I want the Complaint to be so strong that the Defendants have not choice; and will be forced to settle, with no further litigation, as they have no defense. I have 13 named defendants, including closing, foreclosure and dispossessory attorneys, appraiser, title company, 2 additional servicers, as there is also a HELOC which has had ALLY/GMAC and 2 alleged transfers.
At this point I would love to file a Lis Pendens and short initial complaint for hundreds of homeowners to stop their foreclosures (they have 21 days to file and Amended Complaint), but I just need help to get this full-proof Complaint prepared, then everyone can use it, and just tailor it to their personal situation. I believe that 99% of my claims apply to all loans, including all those not in foreclosure. It’s not just produce the note, it is all manner of mass fraud committed against us, and the Conspirator Investors, in any and all alleged debt that has been securitized since the scheme was created over a decade ago.
I have no problem with the attorney’s or the judges, my problem is time constraints with sooooooooo many violations and causes of action and sooooooo much research and law to read. I have all the research and law compiled and in the complaint, I need help in condensing and organization.
I have not done a mortgage audit to obtain all the securitization documents and accounting ledgers, relating to my loans, but I am aware of all of them and will request them in discovery, if it get’s that far. I will be attaching my Request for Production of Documents, Interrogatories and Request for Admissions to the Defendants service of the next Complaint I file, and I will be subpoenaing all Discovery.
I have a great plan; I just need help. You may contact me at perwinkle6378@hotmail.com
My wife and I have been fighting to keep our home since November of 2006. I lost my job in Sept of 2004, but with both of us scrimping and saving and working every job I could; we stayed current to August, 2006. The August payment was sent on the ninth, and the check cleared our bank on the 15th; but for some reason Countrywide did not “credit” our account until the 17th – fought with them over the late fee and their shenanigans began then. Sept. of 06 was on time; but they still wanted the late fee from Aug or would consider Sept late as well. Began a thrice weekly call cycle with them in late Sept; finaly spoke to a “sentient being” at the end of Oct. Called back as she requested on 2Nov and was told by a young, overly hyper young man that we were “in pre-foreclosure.” At that moment the fight was joined for real. I have ridden Countrywide into BofA; I have three boxes full of docs; have dealt with McCalla/Raymer and MERS and all their cronies for years. I will continue to fight, because now it is a “matter of principal” with me – and also of principal reduction! Some words of caution for fellow Georgians – be very careful who you retain as an attorney. Take it a step further and use the internet and read, read, read. Many attorneys who promise to assist you in fighting foreclosure do not care at all to help you – we had one bk filing tossed out because OUR attorney no-showed a hearing… Do not trust, or have faith; in about everyone in the banking, legal; or political field in Georgia – they all play golf together. Do your own “due diligence” – you can save your house but you will be in for a fight. As of last week, we have been trying to short sell our home for ONE YEAR for approx. 1/3 of what BofA wants us to sign papers for. We have had 3 people look at the house in that year… BofA wants us to sign papers on the “making home affordable” joke program for approx. $172K – it has been listed as a short sale for most of 2010 for $70K… then $60K… we are now down to $55K with no takers; and BofA wants $172K from ME? They must be on drugs… Our subdivision has approx 80 homes in it; middle class 3 and 4 bedrooms; nice lots, quiet neighborhood. Some with pools – like ours. Most are underwater, or foreclosed and vacant. (at least a third of the subdivision sits empty)…. Good schools and close to shopping… and we can’t give it away. We have been through most of what they’ll try; we encourage you all to watch and pray. The banks will eventually be taught – or forced to learn – that they must reduce principal to make this work. Trying to get more money from the hammered middle class isn’t going to happen. Someone is going to have to eat the manure they’ve created; and it won’t be those that they insist “bought too much house”. We didn’t – we just took mortgage folks at their word when they said they were professionals… Professional crooks, perhaps. In any case; good luck and God speed. Stay vigilant; and study.
I agree with everything you said, and I wish you the best of luck. Most attorneys and judges involved in foreclosures here in Georgia, indeed, seem to be clueless.
As far as McCalla Raymer is concerned, their managing partner of foreclosures and title is named Adam Silver. The McCalla Raymer website reports that he has an appointment to the Georgia State Attorney General’s office. I wonder if the GA State AG’s office has Mr. Silver in charge of investigating the fraudulent practices of foreclosure mills in Georgia……
Wouldn’t that be special?
http://www.mccallaraymer.com/index.php?option=com_alphacontent&ordering=0&letter=S&Itemid=88
I am completely freaked out after reading this..I fell 3 months behind on my mortgage due to job loss – have a new job, the funds to pay, called Wells to pay and was told to call McCalla as talked about here. Am calling them this a.m. PLEASE tell me I can negotiate something with them to stop a foreclosure??? I am also physically ill right now. My house is the only thing I have left. I have no idea what I will do if these people aren’t willing to work with me. God have mercy.
Hi don’t panic, those thieves are out in the open. Go file a bankruptcy and keep them away from your home. Then look up the laws on the banks fraudulent practices and sue them for violations
John S.
I am empathetic to your situation.
Challenge the dispossessory order immediately by filing a response and asking for a hearing be set prior to any eviction action. File the 100’s of pages of docs you have obviously been maintaining throughout this process.
Then it is always appropriate and fun to start burning a new a*****e into McCalla Raymer and Prommis Solutions alleging RICO “criminal” activity covering your estimated equity, improper or non-disclosure, etc.
They are currently under multi-cross-jurisdictional investigations and you might get them to write you a check for $50,000 or so for your trouble and to go away.
Strongly allege that Wells, MCalla Raymer and Prommis are a criminal organization and conspired to defraud you to boost their bottom line.
I could give you even more devastating to the lenders & their third parties advice as that is what I do for hobby and work.
Scott D,
I would first like to commend you on your stance. Bravo 2 U and a resounding thank you!!!
I realize the word is getting out. I have had dealing with MCalla Raymer and Prommis regarding the Chase mtg., was able to finally get a reduction in interest only, being left with at house that is almost 50% under water, lived here 6 years now and for nothing, upgrades and all for nothing. I have been dealing with BOA and Chase for over two years now. I am a grandmother, no husband, no nothing, have my child and her two children living with me and am almost in a do or die situation. Managed to stave off Chase until I can go further on fraud and such(looking for a lawyer or class action suit) but BOA is trying to tear me a new one once again.
please email me @
terree@comcast.net if you can shed some light. I am really anxious to hear more. It is about time we got some strength from somewhere other than ourselves. We have power in numbers but, we are being robbed at this very minute as we speak and write, and don’t forget that the people that these homes were sold to in forms of 401k, pension and such have been duped also. An outrage against the people of the USA. An ungodly outrage!!
Please offer any info so we the people can regain our power which was lost in 1913. I know this is just the tip of the iceberg.
Banking establishments are more dangerous than standing armies.
Thomas Jefferson (1743-1826) Third president of the United States.
ScottD, unless you are an attorney, you are getting perilously close to “giving legal advice” in your previous post.
Please, be careful.
McCalla monitors sites like this and they have threatened someone I know who runs a non-profit “informational” site with UPL (Unauthorized Practice of Law). Georgia takes UPL VERY seriously with JAIL TIME involved for those convicted.
O.C.G.A. § 15-19-51 states that unless otherwise licensed to practice law, it is the Unauthorized Practice of Law in Georgia to furnish legal services, give legal advice or to furnish attorneys or counsel; or to render legal services of any kind.
We don’t want anyone locked up just because they are trying to help!
Scott D, thanks so much for your advise, I am seeking information only not legal advise and I do feel you are doing the right thing to share, I do not want anyone hurt trying to take care of others, although I would lay myself on the line regardless, but that is me, my time is already almost gone, I truly have nothing to lose. you have my email if you would like to communicate further other than this public post.. Yes all , the public is getting a clue thanks to those who already have a clue. Scott D, now you know why so many here in GA are losing their homes (due to the laws) as they do not have the funds to always get a lawyer, the lawyers I got are clueless or lazy or greedy, both of them. now I am busted and searching and found this bountiful site. Bless you all, keep the faith keep plowing away, do not give in.and remember this:
Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories.
Thomas Jefferson
thank you Scott D and Forensic Mortgage Examiners- Thank you
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Our mortgage company turned our foreclosure over to McCalla Raymer/Prommis Solutions and we have paperwork with the fraudulent signature mentioned in the video above. We paid nearly $1,000 in attorney fees to these people and I just want to know if there’s some way we can get our money back from them since they appear to be no more than a foreclosure mill. We are no longer in foreclosure but all they every contacted us for was the money owed to them. Will there be a class action lawsuit? Where do I get more info.?
Nikki,
Please contact me at ForensicMortgageExaminers@gmail.com I have answers to your questions.
I despise Bank of America. Are there lawyers in the Atlanta area who are preparing class action lawsuits against Bank of America (and others)? I see that class action suits are popping up everywhere but a call to one Atlanta law firm who handles class actions has gone unanswered. Georgia’s foreclosure laws protect only the banks and we must work to get them changed. I desperately need some help. I was NOT a Countrywide loan and did not purchase more than I could afford. I lost my job and tried desperately to get them to work with me. Was in a trial modification program for six months, got kicked out in September, quickly followed up by an Intent to Accelerate. I paid off my past due balance and now they’re dunning me for more fees. A letter to the Bank of America CEO and President, with a copy to its Chairman of the Board (the Board elects officers) has gone unanswered. These people are nothing but thugs and need to be stopped. Can anyone suggest anything. Thanks so much. Good to find friends — or misery loves company. By the way, our current Georgia Attorney General is WORTHLESS. They won’t return calls either and there’s no information to be gleaned from their website.
We spoke with one of the senior staff attorneys in the Georgia State Attorney General’s office, a gentleman by the name of Sid Barrett. This was several weeks ago, and the whole foreclosure fraud issue was still very new to them. At the time of our conversation, Mr. Barrett was in the process of reading Christopher Peterson’s article on MERS–which we took as a hopeful sign. In addition to that, Mr. Barrett just seemed liked a good guy.( I know….. that and $4 will buy you a cup of coffee at Starbucks, but it IS encouraging when those with power treat you with kindness and respect.)
We have followed up with one email, and I have touched base with his assistant–who was also very nice. I would encourage everyone to get in touch with their Attorney General’s office, no matter what state they reside in. But, for those in Georgia, Mr. Barrett’s email address is sbarrett@law.ga.gov.
Apparently, Finreg gives state AGs more investigative power than they had before–my fingers are crossed–when they’re not typing emails to anyone who will listen! Good luck–and don’t give up!
Thank you, Mike!
M.C. Osborne, Please contact me at ForensicMortgageExaminers@gmail.com
While I can not promise any results, I do know of a couple attorneys who would gladly take a look at your case. As for class actions, it will not be the class action attorneys (tort attorneys) who would file the class action lawsuit, it will be a foreclosure defense attorney, already in the trenches who understands the complexities of MERS, et al.
Sam Olens, the incoming AG, has been briefed in re some of the abuses seen in GA, and he has said he will”investigate” what that investigation would entail is anyone’s guess.
I have sent emails to Sid Barrett at that address and two others and they come back undelivered. I have called the AG’s office and they won’t give you ANY information, period. They are hateful and rude. I have sent numerous letters in the past two years and they just blow them off…..because they know I am right. I accused them of covering up for the government, which is what they are ALL doing right now and stealing our homes in the process.
Well, not mine. They are not going to get rid of me. I will not quit my fight to save my home, if its the last thing I ever do!!!
Mike, I have tried 3 different email addresses for Sid Barrett and each one comes back. Can you give me the email address that you used to get in touch with them, please? Thanks.
I live in Georgia & I am also having trouble with Bank of America. I have hired an attorney. E-mail me & I will explain more. sonya36767@yahoo.com
Mike,
Georgia is historically well known as a “business” state. We’re also a VERY “red” state these days. Please contact me, I found the information you posted about Prommis… (for lack of a better term) promising.
😉
ForensicMortgageExaminers@gmail.com
K. A. Richter, please contact me. ForensicMortgageExaminers@gmail.com.
The reporter was holding papers I either directly supplied to him or he got from my information.
As for class action in GA – that’s coming. Soon. 😉
I wish there were an Ancestry.com sort of website for corporations. I have been trying to piece this all together, but I am having a heck of a time. A lot of these firms like Prommis and LPS have Equifax DNA. (Via Fidelity National Information Services, Inc.) Just Wikipedia Equifax, read about the businesses that it spun-off and then let your imaginations soar!
I am beginning to have a sinking feeling that Georgia played a major role in creating this mess–and I think we need to play a major role in cleaning it up.
Fidelity National Information Services, Inc. has scores of subsidiaries. The ones that are based in Delaware–we probably have to figure–are based there due to lax corporate law. The ones that are based in Florida–maybe income tax or bankruptcy laws. Cayman Islands–no idea! (Ahem!) But at least a dozen are located in GA. Why? What laws did we have that made Georgia appealing to these companies? While we are looking for the fraud, let’s also look into why so much of the fraud made its home here–in Georgia. (See DocX!!!)
Perhaps we took the whole “Southern hospitality” thing a bit too far! I don’t think we meant to welcome crooks.
my assignment was one of those held up by the reporter in this piece. he contacted me after I left information for Clark Howard and obtained copies of my information.
There has been some numerous and good posts here when mentioning the State of Georgia.
This entire State is ready for one big CLASS ACTION suit listing all mortgage lenders licensed by the States Department of Banking and Finance, the States AG for lack of protecting us under Federal UCC-1 statutes and the Georgia Bar exposing it for the partisan hack organization that they are.
If you own a home now, or did within the last 10 years and were foreclosed (as long as you were no more than 36 months payments behind) on non-judicially sign up here………………………….
It’s time to challenge Georgia non-judicial foreclosure statues to test for illegalities under the constitution of the United States.
I am signing up….Lets do it!!!
I have been fighting a foreclosure for the last 10 months. I filed a lawsuit in Supreme court of Lamar county to stop the illegal foreclosure. The law firm moved it to District court in Macon. The Judge never required the law firms to produce any documentation proving the real party of interest. He dismissed the lawsuit on October 13th without the law firms having to prove a thing. It starts with Macalla Raymer, then Johnson and Freeman and now Wargo and French. I filed a notice to reconsider order of Oct 13th but have not heard from the court. If by Wednesday of this week I haven’t heard anything I will be forced to pay $455. and file a notice of appeal.
From my understanding Georgia Statutes for non-judicial foreclosure DO NOT REQUIRE banks or their foreclosure counsel to prove real party of interest.
So unless you as Pro Se or your foreclosure defense counsel if you retained one should be arguing federal statutes under either UCC-1 and TILA or both.
You have to provide evidence supporting your argument under those statutes and perhaps others.
A pattern of mortgage origination and mortgage servicing misconduct is fairly easy to establish using the research and work provided by this web site and a couple of others.
Another angle is to ask the SEC to enjoin your case with evidence or questions about that lender / servicers / trustees violations of REMIC rules. Another argument fairly easy to establish.
If your case is presented on Georgia statutes alone you may as well start packing.
Georgia statutes = Banks are Overlords.
Yeah Scott sign me up.
sign were? were do i go to sign up ,,old man wanted to save my home,and not computer savvy—
There are currently three class actions against the bank in Georgia.
For McCalla Raymer and Prommis Solutions and their fraudulent transfers of deed by Assingment you can go to their Facebook page here: http://www.facebook.com/#!/pages/Georgia-Mortgage-Class-Action/100949759977147
There is one for folks who were in the midst of “modifications” and were foreclosed upon. The information, including which lawyers to contact is here: http://www.courthousenews.com/2010/12/09/32447.htm
There is one for those who were foreclosed upon with MERS being the foreclsing entity claiming to be the “secured creditor”. That link is here: http://www.scribd.com/doc/40033390/Dustin-Rollins-v-Mers-Class-Action-Suit
Loved the statement “even a dog has a right know who’s kicking him in Georgia.”
McCalla Raymer is a (if not the most ) prolific Atlanta foreclosure mill. This is why I thought it was odd that the McCalla Raymer law firm only had a few foreclosure notices in The Atlanta Voice. But a “law firm” (???) called, “Statewide Publishing” publicized scores of foreclosures.
http://theatlantavoice.com/downloads/Foreclosure/Voice_081610.pdf
I did an SECinfo search and found that Statewide Publishing is a subsidiary of Prommis Solutions Holding Corp.
http://www.secinfo.com/dVut2.r4zh.z.htm#1stPage
My question for McCalla and Raymer is….what are you? Are you a law firm? A computer data firm? A document processing firm? An accounting firm? A title search company? Law firms have to be careful about fee-splitting–are you sure you are not fee-splitting?
And to McCurdy Candler, another huge foreclosure mill in the Atlanta area-what is your affiliation with “The National Firm?” And can you explain your connection to Fidelity National Information Services, Inc.? (aka FIS Old FIS, Certegy, etc., etc.) Is McCurdy and Candler a stakeholder in NewInvoice? In iClear?
Foreclosure mills seem to be blurring the lines between law firms and non-legal firms. I hope this is being investigated….
The State of Georgia Legislature is the real problem and our BANKS are OVERLORDS legal statutes.
The Georgia Bar protects it’s own and does not represent a legitimate check and balance watchdog for unscrupulous law firms operating in this state.
Foreclosure Firms do not have to compel their lender client to prove legal standing prior to a non-judicial foreclosure processes.
Based on Foreclosure Fraud web sites numerous revelations on fraudulent lender docs you can be guaranteed that foreclosure law firms in this state have conspired to steel 10’s of thousands of homes in this State and their still rolling at 200 miles per hour.
Is their any Judge in the State of Georgia with enough integrity to put a stop to these shenanagins?
Scott, what about UCC 3, HOEPA, RESPA violations? What about undisclosed insurances that were packed on our loan, LPMI, possible Eagle UCC 9 policies, NIM insurances, ISDA swaps, overcollateralization, subordinated notes, bankruptcy bonds, and guarantee funds?
N24REAL;
I was speaking in generalities and most of those you cited probably do and will apply to 90% of cases.
HOEPA may not apply to a first mortgage lender foreclosing.
The insurance angle arguments may trigger an exemption to the TILA 3 year exclusion.
LPMI is especially heinous and could cause that case to be a LANDMARK if won by the homeowner.
The biggest research tool is the PSA agreement for the trust that that particular Homeowner’s loan dwells. “If it still exists”.
A recent revelation is that these PSA;s were completely corrupted and perverted post closing by securitization of the portfolios receivables when those PSAs required securitization of the actual mortgages.
My main point to the previous Homeowners post regarding his legal action in Macon was that he needs an expanded argument to win in Georgia. Force the judge to perform his own research and write an elaborate opinion at the end of the case.
Always knew they were crooks. Next in line is going to be Shapiro & Swertfeger; they are just as bad. I am fighting them now going on 4 years. They just won’t quit. Well, Neither Will I…….
Shapiro & Swertfeger foreclosing attorney for Wells Fargo also signed the assignment as MERS vice president. I suppose this is legal in this foreclosure world when anything goes. foreclosure is scheduled for Jan 3, 2011.
Anyone have any Georgia foreclosure attorneys that can help me fight this?
Pretty smug, isn’t he? Absolutely typical and excuse me while I go get si……………………..!
You got that right.
I am a third party adviser to distressed Homeowners and I process short sales.
McCalla Raymer and Prommis Solutuions over-charged on a fully paid off first mortgage lien that I closed a month ago. PAID IN FULL!
The foreclosure never occurred, the attorney only processed the homeowner disclosure and legal organ publication, with no deed recording or other services associated with a full non-judicial foreclosure for this state.
Prommis charged for every issue under the sun that would relate to a full foreclosure process. The lender received 100% of their balance. The Foreclosure Attorney received 100% of their full process fees. And Prommis received 100% of their normal outrageous fees.
Wells Fargo was the first mortgage holder and this homeowner was previously under BK-7 protection exposing the fact that this file never should have been sent to the FA Attorney in the first place. Wells had this short sale contract for 60 days prior to the attorney foreclosure notification. We closed in 75 days start to finish.
We’re talking at least $3,000 in over-charges that I am filing a complaint with the Georgia Bar over.
Total Bastards and Crooks both of them are.
We have been in “loan modification” discussions with Wells Fargo, our mortgage holder, since May 2010.
Original loan amount was $169,000 – originated 18 years ago. So for 18 years we have paid with no effort – having a good paying job helped. We also, for 15 of the 18 years worth of payments, participated in a mortgage acceleration program, further reducing our outstanding loan balance.
Beginning May 2020, at Wells Fargo repeated request, we have faxed/expressed mailed packets of documents – no less than 4 times- to be filled out to acomodate the loan modification. The last set of completed documents were faxed on October 5, 2010. Much to our surprise, we find out nearly 7 weeks later, that WELLS FARGO SOLD OUR HO– USE ON OCTOBER 5, 2010 TO AN INVESTMENT COMPANY – NO NOTICE, NO COMMUNICATION, NOTHING.. We are now required to vacate our house within the next 7 days. Case closed??
We do know from the “new owner”, they purchased the property on an auction for $151,000. Though Wells Fargo WILL NO CONFIRM, we estimate our remaining loan amount at approximately $90,000. Now we are getting the run around from our new friends at McCalla Raymer relating to an accounting of the probable overage remaining on the transaction. After all foreclosure expenses, are we not entitled to the overage by law??
Any/all comments/suggestions would be greatly appreciated.
Awww….geez. This is horrible. Have you written to Jim Strickland and Channel 2 News about this? (Are you in Georgia?) Also, Foreclosure Hamlet posted last night that Lisa Meyers with NBC is looking for a wrongful foreclosure story–perhaps yours would fit that bill. (So you might want to check over at Foreclosure Hamlet to get more info about contacting her.)
I wonder if the alleged “new owners” of your home and the lending facility from whom they borrowed the money to purchase the property bought a title insurance policy. I don’t think title insurance policies cover chains of title that are broken due to fraudulent foreclosure. Oops. Too bad they just lost $151,000,,,,
John–do you have a lawyer yet? It is really important that you find one who is current on fraudulent foreclosure issues. Most lawyers in GA aren’t up to speed on this yet.
An eviction proceeding has probably been filed against you–probably in State Court, if you are in GA. You need to respond to it ASAP. You will not have to pay for any filing fees to respond. I really hope you find a great lawyer, but if you don’t–someone through a legal aid organization should (at the very least) help walk you through that very basic process of responding to a writ of eviction.
PLEASE keep us up to date on your situation. I will help you in any limited, layman’s way that I can……
Take care. Please keep us up to date.
Let me know how this turns out. McCalla-Raymer sold my house on the Cobb County courthouse steps on June 1, 2010. They still owe us the $30,000 in surplus funds (we only owed $60K and they sold it for $90K…after 23 years on a 30 year first mortgage) that they have held since that time. They finally called a few days ago to say they were ready to issue the check, but they have a bunch of “hold harmless” docs they want us to sign. Since I plan to sue them and Wells Fargo, I am hesitant to sign anything, but at the same time, I desperately need the $30K.