“We’re concerned about any legislation that protects the foreclosure process and will actually impeded new opportunities for new homebuyers and also California’s housing and economic recovery which affects all of us,” ~ California Bankers Association
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Legislators delay vote on ‘Homeowner’s Bill of Rights’
Kenney was a victim of “dual tracking,” where banks go through a loan modification with you, but at the same time continue the foreclosure process in case the modification doesn’t work out.
That’s just one practice that Attorney General Kamala Harris is trying to quash in her Homeowners Bill of Rights package, a series of proposals aimed at giving consumers greater protection.
But at the last second, the Assembly Banking Committee pulled two bills scheduled for a hearing, usually an indication there aren’t enough votes; Harris vowed to keep pushing.
More here…
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I would say that not enought equity. I see that all the time. Or really not the owner.
OK. So they got what they wanted from her, now she can get in line, ‘over there w’the rest of ’em and wait.’ Til they say so.
Wrong way around a-gain. No?
Interesting that BofA now acknowledges not being the owner of the Note. Did they specify who IS the owner? Was your loan originally serviced by Countrywide? Who is the named LENDER on your Deed of Trust? Are any assignments of the DOT filed with the Recorder?
Countrywide was supposedly just the servicer on a LARGE number of loans that were originated with the named LENDER shown as “America’s Wholesale Lender Corporation”. Said corporation did not exist. Where properly argued, CW and BofA have had problems claiming either assignments via MERS OR the ability to foreclose. But only where it is properly argued and heard by a judge. Otherwise, BofA claims that CW had a d/b/a in the name of America’s Wholesale Lender. Their is a BIG difference in what is written on these loans. “America’s Wholesale Lender Corp” is not the same entity as “Countrywide Corp D/B/A America’s Wholesale Lender”. Notice the differences?
Judges who actually looked see a huge difference.
You DO need to get the complete information on your loan.
Hey Hell no….. in my case BoA who bought the loan from Countrywide and tried to foreclose on us insists they are not the owner of the note. But they have an recent Assignment from mers that the mortgage with all interest was sold to them recently (to entitle them to foreclose) in the clerks office. So the mortgage was sold to them but Freddie has the note??????????? Isn’t that practically admitting that mortgage and note are no longer together???
I had emailed them on my surrent and present residence, they answered saying by whos authority was I requesting and the answer was no, unbeknown too me both loans were then sold, one to federal housing, one to wells fargo, although bofafinancial continued saying they owned the loan, hoping to keep the one that had been in family for 12 yrs., was foreclosed on and locked out, after having moved back in since second home had been sold through a short sell! Of coarse none of that happened, Foreclosed on current residence, sent a 1099, since back to second residence/it took 2 yrs dual mosidfication finally giving up/short sale, selling at the lowest price possible! through Haffa! I got my $3000. to move, however 36 hours too move so gave alot of things away! could not afford to be stuck in a situation where all of my things were locked up!! I really thing anyone wastes their time and monies fighting the banks, especially you are unable to pay so that automatically makes you wrong, I do however believe it should be against the law to lie to homeowners just too get more cash and agreements out of them! Whats the old saying you can;t fight city hall!! I never believed that now I do! (831) 2061773 Good luck!
Jeff,
In this climate of feelings for banks, would you as a bank or mortgage loaner want to go before a jury of 12 people that know someone that has been hurt if not hurt themselves?
Easier and safer to just take the homes of those that simply give them up.
I was in foreclosure and had a sale date 10/2/11. The sale was cancelled and I didn’t know why. Went to county recorders office and saw that the bank filed a Rescission Notice of Default and Election to Sell Under The Deed of Trust. I received a notice back in July from Bank of America N A saying that BofA NA was not the owner of the note but all 2 1/2 years they were clamming to owners of it. And if I disputed this debt I needed to send them something in writing with in 30 day or they would assume that the debt was valid. So I disputed the debt! I was reading up on Fair Debt Collection Practice Act. I noticed that the law said if you dispute the debt within 30 days and ask for verification they must cease collection untill they send you verification of debt It’s been 6 months and they have not refilled notice of default. Has this happen to anyone else? I think it’s time to talk to a lawyer! Would love to have some thoughts on this if anybody knows about why would they not just postpone this? Why would they cancell?