This is great news. However regardless of the courts action, most all of the illegal procedures mentioned have been directed at me by Chase, My home is currently on the market as I agreed to a short sale with Chase and I just learned that my home is scheduled for a sheriff sale next week. Based on the content of the federal settlement writ I am reasonably certain this is an illegal action aside from the fact it appears I could lose my home after all of this!
Where do I turn to stop this sale and/or insure Chase is found to be in violation?…again.
Well that is a refreshing change, someone representing the homeowners! You are one of the very few. There is not an attorney to found in Delaware who will represent the homeowners. If you don’t believe me ask our AG, Mr. Biden. I have kept him appriaised of my case for the last year even though he nor his office have ever responded to any of my nine or ten packages of information and court filings. I have tried every legal agency or organization to get help; none to be found. I am have been fighting these monsters and criminals for a year completely on my own and have had to defend against four well known firms the pit bulls have sent after me. Count; one pro se, five law firms????? At least 50 contacts to every litigation firm in Delaware; they are not interested; period; end of story. I have sat here for the last two days now with copies of three different mortgages, two of which were sent by two of the five firms and each different. I have information that really clearly demonstrates that they preplanned which loans would fail. Why else would their internal origination docs sent to underwriting clearly state: borrowers ability to repay – “questionalble”. Then they file the mortgage in the recorders office showing the instructions after recording to send back to ReconTrust as well as make the title insurance on the closing instructions payable to ReconTrust. ReconTrust is their foreclosure unit. They played us with the “mod on a string” game until they bled us dry so they could then finally get the house also. They filled in the application with phoney incomes and property value, not us. We provided them with all the tax returns they requested (and I have proof of that) they used the income they needed to use. No appraisal was done on the house; they assined the value, not us. They had our credit reports with all the debts; they manipulated the figures the way the wanted to; not us. They even filled in my husbands race for him on the assumption of what they thought. It was incorrect. Would we fill out an application not knowing our race??? This is all pure and total Bull; they have committed fraud no matter how the government and Attorneys General try to sugarcoat the wording to make sure they don’t use any of the “possible penalty” words and we all know what went down and what the outcome will be. Don’t mean to stomp on your parade but you can, I’m sure, understand the frustration of not just me; but the millions they have been allowed to perpetrate their fraud on.
If you from New York can help me in Delaware, please let me know, but I won’t hold my breath waiting!
I understand your frustration. It’s unfortunate that the banks get to play by a different set of rules than you and I. I also do not know any attorneys that I could refer you to. Have you considered bankruptcy? My reason for asking is in New York’s Eastern District Bankruptcy Court they have a loss mitigation program. Bankruptcy court judges have a much stronger say. Something to consider. Best of luck!
see
February 14, 2012 at 7:10 PM
Fiing BK is not going to save your home. The minute you file Bk, the banks laywers immediately petition to lift the BK stay. In my state, if you think for one minute that the BK judge gives a crap, then you believe in the tooth fairy. Banks play by different rules because there are not enough attorneys who will take the foreclosing attys to the mat and even if they did the judges could care less. I took my fabricated docs to an attorney–in a nonjudicial state–showed him that the NOD did not follow the laws of my state. He said good luck with that because no attorney will help you. They can’t afford to and what I think the real reason is they don’t have the guts to help. After all that damn deadbeat homeowner didn’t pay their mortgage.
John, if you are truly helping homeowners who are victims of the banks, then I say thank you. What you need to do is get more attorneys to help with this injustice. I will say that there was no way we could afford our home after we lost our buiness, because we lost our main source of income. With that said, we did not deserve to loose our home with the illegal way the foreclosure was brought and the fabricated documents presented to the BK court.
Katheryn
February 14, 2012 at 7:23 PM
@ see
I am going the BK route. Mine is a judicial state. I understand your point about not being able to afford the home, however, I hope that you came out with something. I have managed to fend them off for a year. When they did not file for a lift stay I went on the attack and filed an adversary proceeding. It is a war and I don’t know how I will end up making out but the trial is not scheduled until the end of this year. I knew nothing about this stuff, had no legal experience and am flying literally by the seat of my pants but I do believe you can fight them. This is the sad part that there is no help for people to get advice. These sites are great and they gave me lots of ideas that I could then take and research to get started fighting them. The problem is that while each case has many similarities, most cases have differences also. I am no brainiac and if I have been able to fight this far there are many more that can too. I hope that you have been able to pick up the pieces and are now doing better as I know it is like living a nightmare day in and day out.
You’re right bankruptcy is not for everyone. However, some bankruptcy courts offer a loss mitigation program. Bankruptcy judges in NYC are very good. The Supreme Court judges are also very good. I’m certain everyone is familiar with Judge Schack. He’s a home owner’s best friend. Knows just how to give it back to the banks. The problem with getting other law firms on board with foreclosure defense is it’s a specialized area of law. It’s not something one can “dabble”in. Most firms just aren’t interested. (att’y advertising)
Even if it remotely hints at that; good luck finding one that will represent the homeowner. They want to represent the deep pocket clients; hmm..would that be the banks?
Katheryn, we defend home owners. We’re a foreclosure defense law firm working primarily in New York City. We defend home owners who have been vicitmized by predatory lending and mortgage fraud. We never represent the banks. For those who are unable to afford a private attorney Legal Services in any of the Boros can help. They all do great work. Check out our foreclosure defense blog at http://www.wallstreetmainstreet.com. (Attorney Adveritisng).
I saw where NY is also setting in place a court just for hearing these cases and that each person will have counsel available to assist them. God Bless NY at least it is a step in the right direction.
You are right, it is an area of law that is relatively new and still evolving. I believe that many of them are missing the bandwagon as there are many legal avenues with which to travel and make money. I am not convinced that many are opposed to jumping in based on the “deadbeat” theory. It’s ashame. We have been good contributors to society for a long time, we obey the laws, have worked hard and never prior to this horrific mess ever missed a house payment even on our rental property. However, I have become used to now being referred as a “deadbeat” and should have become one a long before we blew through our savings trying to stay current under the false pretenses of a modification. If that does not meet the legal criteria of unjust enrichment, false and misleading fraud by the inducment; along with a host of others I could sit here and name; nothing does. It violates every aspect of basic contract law in addition. Sorry that the attorneys out there have no interest in helping prosecute those that have ruined our economy and housing market, left many millions unemployed, and are too lazy to learn how to prosecute and defend these fraudsters. If more stood up and the courts started ruling by the law, it would indeed make a great area of practice for some time to come. I am done ranting now !
The problem is that no one is going to prison. And until that happens nothing will change.
Katheryn
February 15, 2012 at 1:21 PM
I would think lawyers stepping up to the plate would find it much more appealing to not have them go to jail and bust the crap out of them from a monetary standpoint????
ITS OFFICIAL …WGN NEWS REPORTING….CHICAGO IS THE MOST CORRUPT CITY IN THE COUNTRY……AND ILLINOIS IS THE THIRD MOST CORRUPT STATE IN THE COUNTRY!!!!!
THE FACTS DONT LIE… !!!!! OFF WITH THEIR HEADS!!!
This is great news. However regardless of the courts action, most all of the illegal procedures mentioned have been directed at me by Chase, My home is currently on the market as I agreed to a short sale with Chase and I just learned that my home is scheduled for a sheriff sale next week. Based on the content of the federal settlement writ I am reasonably certain this is an illegal action aside from the fact it appears I could lose my home after all of this!
Where do I turn to stop this sale and/or insure Chase is found to be in violation?…again.
@ John Brancato
Well that is a refreshing change, someone representing the homeowners! You are one of the very few. There is not an attorney to found in Delaware who will represent the homeowners. If you don’t believe me ask our AG, Mr. Biden. I have kept him appriaised of my case for the last year even though he nor his office have ever responded to any of my nine or ten packages of information and court filings. I have tried every legal agency or organization to get help; none to be found. I am have been fighting these monsters and criminals for a year completely on my own and have had to defend against four well known firms the pit bulls have sent after me. Count; one pro se, five law firms????? At least 50 contacts to every litigation firm in Delaware; they are not interested; period; end of story. I have sat here for the last two days now with copies of three different mortgages, two of which were sent by two of the five firms and each different. I have information that really clearly demonstrates that they preplanned which loans would fail. Why else would their internal origination docs sent to underwriting clearly state: borrowers ability to repay – “questionalble”. Then they file the mortgage in the recorders office showing the instructions after recording to send back to ReconTrust as well as make the title insurance on the closing instructions payable to ReconTrust. ReconTrust is their foreclosure unit. They played us with the “mod on a string” game until they bled us dry so they could then finally get the house also. They filled in the application with phoney incomes and property value, not us. We provided them with all the tax returns they requested (and I have proof of that) they used the income they needed to use. No appraisal was done on the house; they assined the value, not us. They had our credit reports with all the debts; they manipulated the figures the way the wanted to; not us. They even filled in my husbands race for him on the assumption of what they thought. It was incorrect. Would we fill out an application not knowing our race??? This is all pure and total Bull; they have committed fraud no matter how the government and Attorneys General try to sugarcoat the wording to make sure they don’t use any of the “possible penalty” words and we all know what went down and what the outcome will be. Don’t mean to stomp on your parade but you can, I’m sure, understand the frustration of not just me; but the millions they have been allowed to perpetrate their fraud on.
If you from New York can help me in Delaware, please let me know, but I won’t hold my breath waiting!
I understand your frustration. It’s unfortunate that the banks get to play by a different set of rules than you and I. I also do not know any attorneys that I could refer you to. Have you considered bankruptcy? My reason for asking is in New York’s Eastern District Bankruptcy Court they have a loss mitigation program. Bankruptcy court judges have a much stronger say. Something to consider. Best of luck!
Fiing BK is not going to save your home. The minute you file Bk, the banks laywers immediately petition to lift the BK stay. In my state, if you think for one minute that the BK judge gives a crap, then you believe in the tooth fairy. Banks play by different rules because there are not enough attorneys who will take the foreclosing attys to the mat and even if they did the judges could care less. I took my fabricated docs to an attorney–in a nonjudicial state–showed him that the NOD did not follow the laws of my state. He said good luck with that because no attorney will help you. They can’t afford to and what I think the real reason is they don’t have the guts to help. After all that damn deadbeat homeowner didn’t pay their mortgage.
John, if you are truly helping homeowners who are victims of the banks, then I say thank you. What you need to do is get more attorneys to help with this injustice. I will say that there was no way we could afford our home after we lost our buiness, because we lost our main source of income. With that said, we did not deserve to loose our home with the illegal way the foreclosure was brought and the fabricated documents presented to the BK court.
@ see
I am going the BK route. Mine is a judicial state. I understand your point about not being able to afford the home, however, I hope that you came out with something. I have managed to fend them off for a year. When they did not file for a lift stay I went on the attack and filed an adversary proceeding. It is a war and I don’t know how I will end up making out but the trial is not scheduled until the end of this year. I knew nothing about this stuff, had no legal experience and am flying literally by the seat of my pants but I do believe you can fight them. This is the sad part that there is no help for people to get advice. These sites are great and they gave me lots of ideas that I could then take and research to get started fighting them. The problem is that while each case has many similarities, most cases have differences also. I am no brainiac and if I have been able to fight this far there are many more that can too. I hope that you have been able to pick up the pieces and are now doing better as I know it is like living a nightmare day in and day out.
You’re right bankruptcy is not for everyone. However, some bankruptcy courts offer a loss mitigation program. Bankruptcy judges in NYC are very good. The Supreme Court judges are also very good. I’m certain everyone is familiar with Judge Schack. He’s a home owner’s best friend. Knows just how to give it back to the banks. The problem with getting other law firms on board with foreclosure defense is it’s a specialized area of law. It’s not something one can “dabble”in. Most firms just aren’t interested. (att’y advertising)
Eric Schneiderman says “The settlement provides funds for the homeowner to hire lawyers”. Where does it say that?
Even if it remotely hints at that; good luck finding one that will represent the homeowner. They want to represent the deep pocket clients; hmm..would that be the banks?
Katheryn, we defend home owners. We’re a foreclosure defense law firm working primarily in New York City. We defend home owners who have been vicitmized by predatory lending and mortgage fraud. We never represent the banks. For those who are unable to afford a private attorney Legal Services in any of the Boros can help. They all do great work. Check out our foreclosure defense blog at http://www.wallstreetmainstreet.com. (Attorney Adveritisng).
Is this a new penalty for forgery?
Exactly how sloppy and mismanaged can it be for proffesionals.More like deliberate and done for more than one reason.
“Misconduct and Sloppy Paperwork” Yea Right!
@john b
I saw where NY is also setting in place a court just for hearing these cases and that each person will have counsel available to assist them. God Bless NY at least it is a step in the right direction.
You are right, it is an area of law that is relatively new and still evolving. I believe that many of them are missing the bandwagon as there are many legal avenues with which to travel and make money. I am not convinced that many are opposed to jumping in based on the “deadbeat” theory. It’s ashame. We have been good contributors to society for a long time, we obey the laws, have worked hard and never prior to this horrific mess ever missed a house payment even on our rental property. However, I have become used to now being referred as a “deadbeat” and should have become one a long before we blew through our savings trying to stay current under the false pretenses of a modification. If that does not meet the legal criteria of unjust enrichment, false and misleading fraud by the inducment; along with a host of others I could sit here and name; nothing does. It violates every aspect of basic contract law in addition. Sorry that the attorneys out there have no interest in helping prosecute those that have ruined our economy and housing market, left many millions unemployed, and are too lazy to learn how to prosecute and defend these fraudsters. If more stood up and the courts started ruling by the law, it would indeed make a great area of practice for some time to come. I am done ranting now !
The problem is that no one is going to prison. And until that happens nothing will change.
I would think lawyers stepping up to the plate would find it much more appealing to not have them go to jail and bust the crap out of them from a monetary standpoint????