Comments on: Message Board

By: Jacqueline Estrella

Jacqueline Estrella — Fri, 01 Apr 2022 06:20:15 +0000

In reply to Ben Howard. Hello there. Just wandering who did you hire to represent you? I’m in Southwest Florida. Need a lawyer ASAP.

By: Brooke noble

Brooke noble — Thu, 12 Oct 2017 10:19:18 +0000

My name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom had a terminal illness and was oxygen dependent. My mom studied diligently to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told it was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sued us in unlawful detainer court, they are trying to evict us. My mother was fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing arguments about how we were robbed of our home was irrelevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout that no one might help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff lockout, but to no avail. We were given an additional 24 hrs cos we still had a lot left to pack, the locks were changed but we were allowed to stay until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She cried and he told us that we had known for 2 weeks on what date we had to be out, that was time to have made arrangements. Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like dogs. It was a hot day, I loaded her machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I had no plan. My mom was in shock and had never asked me what we were going to do, she always had it figured out, everything had changed. I didn’t want her see me worry So we went into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere.. So we didn’t have any money for a room and had to sleep in our car, the oxygen concentrator was a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. It was a nightmare. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom was elderly, had a terminal illness and was oxygen dependent, yet was forced to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sues us in unlawful detainer court, they are trying to evict us. My mother is fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing nothing about how we were robbed of our home was relevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout so that there was no one there to help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff and the lockout, but to no avail. We were given an additional 24 hrs because we still had a lot left to pack, the locks were changed but we were allowed until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She was crying and he told us that we had known for 2 weeks on what date we had to be out, Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like we trash. It was a hot day, I loaded my moms machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I really didn’t have a plan. So we got into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and so sick and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere soon. W didn’t have any money for a room so we had to sleep in the car, the oxygen concentrator is a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting for the house, she called wells Fargo requesting relocation assistance, and was wanting to appeal the judgement but being displaced we couldn’t locate the documents we needed or come up with or the money within the 30 days we had to file by, so her hope was fading. She was hospitalized again for a few days and I asked the hospital to please keep her for the weekend and allow me to find a better place to stay, as being confined to a small room with 5 dogs is not going to be good for her. I was trying to make arrangements to go somewhere else or have the dogs stay with someone for a while, the hospital couldn’t hold her any longer and was going to give her a taxi voucher to get dropped off wherever. My mom didn’t understand what I was trying to do and thought I was just not wanting the responsibility so was trying to leave her at the hospital. So she called me on the phone and said “Brooke you can put me in a home if you want to.” I broke down crying she thought I would leave her right then just because it was hard? I had no choice to bring her back to the motel room. And her condition was getting worse and I wasn’t going to have her die in some dirty motel room, just as the manager was pressuring us to go because of the oxygen concentrator and energy costs they asked us to find somewhere else. So I found a house with a backyard that was recently bank owned with electricity on that happened to be in our old area and I got inside and we squatted there. We were only there less than a week when my mom needed to go to the hospital again. She was in ICU and her respiratory was failing. She went in October 9 2013, and my mom passed away October 16 2013, within 5 months of us being evicted. I sued Wells Fargo for the wrongful death of my mother, she worked hard her whole life, was in real estate herself and made principle payments on a property for 23 years only to have to walk away with ruined credit? My mom died a broken woman, she came from a different generation when the middle class was thriving, the American dream was obtainable, and there was protection for consumers against predatory loans like this. In the end there was no justice for us. So I believe that murder should be added to Wells Fargos list of the crimes they have gotten away with. I had representation this time but in the end they prevailed somehow, having their Summary Judgement GRANTED then – CASE CLOSED. I don’t see how the case could proceed while I had been incarcerated for the past 8 months (for stealing appliances out of a foreclosed home in Nov. 2014) I can’t stand the bank, always profiting from what the previous owner invested, it is sickening. So now I have nothing but a lot of pain, and anger. There was no justice for us. Not then when we spotted the fraud and filed our suit, not during the foreclosure when the stole our home and granted a judgement in order to evict us, and even today as I tried to avenge my moms death that was completely the fault of Wells Fargo and every dark hearted attorney that they hire. So now what can I do? I am at a loss and what other way can I fight this? I want to feel like I did what I could to avenge my moms death so that I can let it go someday. I feel very cheated and wronged.

By: Karl

Karl — Sun, 24 Sep 2017 16:50:42 +0000

I live in Florida and my house has been in various forms of foreclosure for 6-7 years. It was first held up by the Countrywide/BOA thing and then I hired a “hot shot” attorney that staved off going to court for a couple years then got case dismissed before it ever did. He was great. Bank reopened the case, same attorney staved off again until it finally went to court in August 2016 and we won case on statute of limitations foul-up by bank. Bank appealed in October, 2016. Bank dropped appeal in December, 2016. Is that because of the new Florida law? Am I out of options? Statute of limitations was my last defense. Should I hire said attorney again or is this the end of the road?

By: bollivar4

bollivar4 — Wed, 20 Sep 2017 06:25:19 +0000

In reply to Trevor Hitchin.

Thanks a bunch, Trevor, getting old is not a lot of fun. I have not been sleeping much at all for some time. I know what to do as I have always said, it is the simple things in life that sits right in front of our eyes that evades us. I have an order vacating the judgment of foreclosure based on motion to vacate the judgment of foreclosure. Relief sought: Dismiss the foreclosure case; Void the mortgage. The plaintiff never filed: Motion for Rehearing or notice of appeal all of which must be filed (30) days after the court’s order which would have been January 16, 2017. The court’s order is now “Law of the Case” as the court no longer retains jurisdiction. Next thing: file for a warranty deed based on my motion and the court’s order. The next thing I will half to deal with is the plaintiff refusing to sign the release of the mortgage. Motion to Show Cause Why the Plaintiff Should not be Held in Contempt of the Court. I believe will be in order.

I have had a total of (five) break-ins to my house since March of 2011. All of which purpose was to steal my foreclosure defense documents. March 2011, May 1, 2014, March 23, 2015, May of 2016 and the last one December 3, 2017. I have witnesses. I know everything about the man who broke in except for his name. I can’t tell you the reason for the sheriff refusing to investigate on this site. My intel came from a DEA agent. I finally got enough money to pay for a good home security, well I should say, multiple home securities.

I will half to finish getting all my documents together as I am still sifting through rooms of documents thrown everywhere. They alway leave my house in a mess.

I did try to get in on a class action law suit against BoA, but my BoA mortgage number was not a valid mortgage number. Who would have think it? i will be in touch. Thanks a bunch.

By: Tom Heinrich

Tom Heinrich — Wed, 20 Sep 2017 05:18:39 +0000

Am I right that most of the users of this Board go commando without using top-notch skilled lawyers to strategize and to present and argue the facts, legal points, law, regulations, and case law in educating your judge, and then bitch about when the judge doesn’t give you what you want ???

Are you nuts ?

I didn’t get half of my home for free with my ( now FORMER ) lender ordered to additionally pay my 25% income tax on the amount of my Court-Ordered forgiven mortgage debt BY ACCIDENT, and Ben Howard didn’t win HIS foreclosure case outright with the lender unable to collect a single penny from him AND having to pay all the real estate taxes and property insurance on his property for as long as he wants to stay in his gorgeous home near the ocean by Happenstance, it took FIVE sets of lawyers……including two former Florida Assistant Attorneys General to prepare and present and argue his winning case, and I actually had (free) assistance from the government !!!!

PEOPLE, the legal system is a MORASS stacked against you (you all KNOW that)…. I plead with you to seek out and use the brilliant legal minds who have gone before through the jungle cutting the path that wins.

I have lawyers all across the country available to me who charge me NOTHING and will even represent me for free through trial should anyone else try to sue me for ANY reason, and I dare say my out-of-pocket is less than $20 a month, I can pick up a phone and call a lawyer anytime and pick their brain and have them review things…even make calls and write things on my behalf.

I WILL BE GLAD TO SHOW YOU HOW TO DO THIS !!!

I love law, you all know this, but I dare say anyone who ventures before a judge MUST have an air-tight presentation ready, you must educate the judge and show them that they have no CHOICE but to grant you what you seek ??

If you want me to help you find attorneys to talk to, it will be my pleasure. Pick up your phone and call me !!! 954 781-9300

I am a true activist in groundbreaking Florida, land where I have a well worn path and forged untold landmines in the treacherous waters of uncertainty in this ever changing landscape of unpredictability, home to many, many skilled attorneys and properly educated judges, few as they may be.

I’d love to hear your stories in person. If I can point you in a more effective direction, I will be glad to share what I’ve learned in the hopes you’ll join Ben and I, relieved of significant debt and secure in our ownership – but not after a grueling fight the other guys lost.

I’m retired, anytime 9am to 9pm Eastern is fine to call 7 days a week.

Remember, I started in the mortgage industry back in 1965, and am still licensed. This is NOT a solicitation of professional services on my part… I WANT TO SEE YOU WIN !!!

By: Trevor Hitchin

Trevor Hitchin — Fri, 15 Sep 2017 19:33:11 +0000

Congratulations for ‘staying in the hunt’ for justice, not just-us….bankers club. Like they say, if it were easy, everyone would be doing it. When the criminalize us for being homeless….after stealing our homes…uhhh, ‘psss, hey God….this ‘anint right’. Please accept my prayers and best of luck….CHASE needs to be dropped like the criminal cartel they are…..go get ’em! trev

By: Hammertime

Hammertime — Thu, 14 Sep 2017 22:19:12 +0000

Kent yes post eviction but still in the fight. Here’s article in Vanity Fair Jamie Dimon’s $13 Billion Secret—Revealed
A draft complaint documenting JPMorgan Chase’s alleged role in the financial crisis has long been a mystery. Until now.
SEPTEMBER 6, 2017 2:54 PM
https://www.vanityfair.com/news/2017/09/jamie-dimon-billion-dollar-secret-jp-morgan
Back in April author sounding pro WS but makes some sense although he may be seeing the light! http://www.latimes.com/opinion/op-ed/la-oe-cohan-wall-street-regulations-20170402-story.html

By: Kent

Kent — Thu, 14 Sep 2017 21:54:24 +0000

Hammertime you and I have been speaking on her for several years. Insight to DOJ files ?

By: Hammertime

Hammertime — Thu, 14 Sep 2017 21:48:47 +0000

Hey Kent you can pile on with DOJ files just released

By: Kent

Kent — Thu, 14 Sep 2017 21:46:30 +0000

I’m now in my second battle with Chase after 8 years. In the new admissions they agreed they didn’t own the note when they filed for foreclosure. Huh I give you one guess how this will turn out