Welcome to the forum and thank you for joining....
Yes get the QWR in action, it is imperative that you do, although you are outside the window, as you pointed out in your post, there are other documents that your attorney will find interesting I am sure.
Now the fixed rate to ARM that you actually got.....that was the reason that the TIL had those 3 payments streams reflected. The real nuts and bolts of the adjustments are in the Adjustable Rate Rider to the Note. It appears that you have a 6 month adjusting product...2/28 Libor ARM, weren't they all if they were not Option ARMS or 3/27's.
Any time that you fax or send paper work to the Lender, no matter who the Lender is, every page should have the Loan Number, Property Address, Borrower Name and Last Four of SS# of Primary Borrower, that way you are less likely to be lost, and by the way fax 3 times to as many numbers as you can obtain to fax to.
Fraud is very tough as the Attorney was kind to point out, you are better served to try and Modify, Chase is very willing from what we have seen here to Modify. Question, what was the reason that they did not want to Modify? They must have explained that to you during the processes that you went through to try and get the modification. Additionally if that was a while back they are far more inclined to do so now, as they are having so many problems that they are more "compelled" by the volume of those problems to Modify versus Foreclose.
There is no rule set in stone that you can not attempt to modify while in Foreclosure....it is being done all the time up here. In fact it has had the effect/affect of setting foreclosure off if the modification looks promising.
Also---Chase was not the original lender, yes, New Century was and they are out of business and being investigated by the Feds, but did you go directly to New Century or a Broker for the loan when you did it? The QWR will help in some cases, but you also need to put a further Modification request in as well, that is something that the attorney can facilitate with their attorneys and that needs to be done NOW!!!!
Meanwhile fire up the QWR request....there are examples of the letter in the Tool Box. In that letter demand your Life of Loan History, copy of Note, Deed of Trust, Riders, all Assignments of the Deed of Trust, TIL, Right of Rescission (if refi), Lender Final HUD-1, copy of initial loan application and final lender loan application, all disclosures and all loan documents in your file, copy of appraisal. Send this three times certified return receipt required and also send it to the Broker, Title Company and all others in the Chain of the Transaction.
This thread has a really good example:
My Countrywide escapade and Hi!
Yeah Bait and Switch for that YSP premium the bugger got paid on the HUD-1, more money in their pocket...... Nuf said.