HSBC/CHASE Nightmare!!

[Redeemed]

Thanks ***, I have sent my QWR, although I will be now faxing to the CEO of Chase.

OK, I just got of the phone with Chase regarding the modifcation. I spoke with Lorraina not the most outgoing person but regardless did actually speak to me.

She gave me a list of documents fax to Chase in order for them to start the Modification process. One of the items required is a Hardship Letter. I'm not sure how to handle this as the foreclosure was filed alleging that payments were delinquent, when in fact they were received and cashed by Chase. My first Summary Judgment For Foreclosure Hearing was stopped by the Judge who ordered them to clean up this mess...which of course until now they have been unwilling to do. How would you handle this request.

I asked how long something like this normally takes, (which I was already was aware of, thanks to this site) I was informed 30/60 days,which lead me to my actual question of connern, "Do you notify opposing counsel of the Pending Modification of Loan Process" Lorraina informed me that they did inform them as soon as they had received the documentation. My concern of course is, there is another Hearing set for April 3, on summary judgment. Obviously not time enough to conclude the modification process. I'm thinking that once I have faxed to Chase the required documentation, faxing opposing counsel with a letter informing him of the pending modification process??

[Moe Bedard]

Redeemed,

That would be a question for your attorney......you really need to ask your attorney these things....as we are not attorneys I am not able to answer those types of questions, but your attorney would be able to.

The QWR would give the answers you need regarding the payments that were cashed but not showing according to Chase on your account.

The hardship letter would address the hardship that put you in a position to not be able to afford the payment.........you could also have HOPE assist you with your income vs. expenses for the household budget, even though you are in foreclosure they will help call 1-888-995-HOPE and get them to assist since time is of the essence you will need the help.........and you need an attorney........if at this point you still don't have one.........

[Redeemed]

Hi ***;

Thanks for your response. I understand you are not attornies and cannot give legal advice, I think perhaps I did not explain fully. When the foreclosure was filed I was NOT behind on payments, this was why the judge stopped the first hearing over a year ago, since I was able to present cancelled checks and copy of bank statements to show this to be fact.

I am therefore, wondering how I would submit a hardship letter, as you have to state what the reason for the hardship was...since there was none and the payments were made, I'm wondering how one would handle this situation, relating solely to the Hardship Letter itself as it is a required item for the modification process.

Naturally I don't want to make up a hardship, just for the sake of presenting a hardship letter, but neither do I think it would be wise to state that Chase caused the problem by inefficient accounting procedures/record keeping, as I am approaching them for the modification.

[03penny]

You may want to include in your hardship letter the documentation that you supplied to the judge and a copy of the judges ruling. I also recommend that you forward a copy of all the documentation from day one including the judges ruling to the attorney general in your state. If you do not have an attorney at this point that is not prudent. Time is not on your side. You need legal counsel to do the filings etc that are needed. Here is a contact in Chase's legal department. The idiots in customer service are no help.

Chase Manhattan Complaint officer

Ms. Charisse Calloway
AVP Legal/Compliance Dpt.
(614) 422-2877

From GDBF
Chase Manhattan Mortgage Corporation 194 Wood Avenue South
Iselin, NJ 08830
Phone#: (732) 205-0648 Complaint Contact:
Ms. Charisse Calloway
AVP Legal/Compliance Dpt.
(614) 422-2877
Registered Agent:
CT Corporation
(404) 659-8831 JPMorgan Chase Bank*
270 Park Avenue
New York, NY 10017

Get an attorney now. Good luck.

[Moe Bedard]

I guess I am confused on this one.............if you were not late realistically and you don't have a hardship......what are you asking for in the modification?
Is your interest rate adjusting soon to where you won't be able to handle the new payment amount?
I just am not following because it sounds like if they were to correct your situation with the back payments that you made, your loan would be o.k.........I read back to your original post and didn't see what interest rate you are at.........

[Redeemed]

Morning ***:

Yes, you are correct. I was NOT behind on payments when the foreclosure was filed. due to Chase sloppy accounting, they informed HSBC that I was behind. Canceled checks and bank statements prove these payments were received and cashed by Chase.

So why the Modification......I'm not sure, Chase sent me a letter pursuant to Project Lifeline. It is an adjustable mortgage. Basically, if all this drama can be stopped/assisted with a modification and fixed rate, I think that would be wise of me to persue?

To date I have done all my own motions and filing with the court, appearing Pro Se. I am a Paralegal and have been able to get guidance from some attorney friends as far as the Motions are concerned, however, none of them practice in the area of foreclosure. I will be requesting an evidentary hearing and Mediation.

What I can't loose sight of, is the fact that the foreclosure was filed without a valid cause, which remains my factual defense. Surely, people don't loose their homes due to plaintiff's accounting mistakes.

Surely they have and you need to go up to the FTC website and read the case against Fairbanks Capital.... Federal Trade Commission - Home, it is an interesting read and the facts are all contained in that case for just what you are in the middle of.

That is why I have so many people send the letters and complaints to the appropriate authorities.....if there is servicing abuse and negligence then there needs to be accountability. What surprises me is that there has not been resolution as Chase is so accountable in the long haul for this sort of stuff. They are so federally regulated and audited, not so with HSBC, but certainly with Chase and they are not necessarily prone to this behavior. They can all goof, however this is a monumental goof. The process of modification my further muddy the waters as to what happened to missing payments....you really need to be on guard as they will try to roll the "past" due payments into the "solution" and if you were not past due, then the argument starts anew.

[03penny]

Contact the legal department at Chase hq in New York. Ask your attorney friends about what your potential settlement would be for all the abuse they have put you through. Get one of your attorney friends to call them and explain what he or she will be suing them for if they do not resolve this now. Give them a few days. Then do it. Do respond to the summary thingy....Do you have the same judge? He or she will be happy to see that they have not complied with the previous judge's ruling. The problem is that they have idiots covering for fellow idiots. I would be will to bet that legal at corporate knows nothing about this case. Call the TV stations, call the newspaper, get your local and state officials involved. Do not get discouraged, just get busy. Let us know what corporate legal has to say. Good luck. Check that modification to be sure they are not adding the payments they misapplied to the balance.

[Redeemed]

Oh My Goodness! What a runaround. I contacted legal department in NY (212-270-6000). The automated system did not actually offer an option to connect to the Legal Department. On mu third time of calling I let the receptionist that the options given were not relevant to my reason for calling, after being placed on hold for a couple of minutes, I was informed that my call was being directed to the President's Office, however, after 10 minutes of being placed on hold, the call was picked up by a female named Cierra. Cierra went on to inform me that she was with Seeta (not sure if this is how you spell it) a servicing company for Chase, It turns out Seeta is the Registered Agent for Chase. She informed me that she was unable to transfer me back to the switchboard. So I call back a fourth time, and again explain that I am calling in reference to a pending lawsuit and need to speak to someone in the Legal department. This time I am transfered to a gentleman in the Executive Office, named Octavio. So...I explain the situation to him, being careful to accentuate the key points, No delinquency, Judges prior order, Chase has done nothing, (I have written and faxed during these last 2 years and never received any kind of written information as requested, nor communication via telephone) I also let him know that if necessary, a lawsuit in Federal Court would be filed in the event Chase continue to ignore the Judges order, and the fact that they filed prematurely, the effect this has had on my health ( I now suffer from high-blood pressure) and the potential damages I would be seeking in Federal Court.

I was informed that he would contact legal department, give them the information, they in turn will review my file, and get back to me. I'm not holding my breath. Seems they can effectively estopp ones attempts to contact even the legal department. Unbelievable!

[Moe Bedard]

Redeemed,

Do as Poppy says, and also if you can wait on the modification just to the point of resolving the accounting issues with Chase because Chase will put the payments and fees that they are showing delinquent as of now, on the back of the principle.......
When all is straightened out go for the fixed rate modification......

Also file a complaint, if you haven't already with the OCC.......

Comptroller of the Currency Administrator of National Banks
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, Texas 77010-9050
1-800-613-6743
Fax: 1-713-336-4301


Good Luck to you in the court battle.......
Let us know how it all turns out for you...

[03penny]

contact the agency in your state that regulates banks. See if you can get a live breathing thinking person on the phone. This is unbelievable that they are so insulated from their own misdeeds. Here is contact to the Financial Services Committee in the US Congress. House Financial Services Committee
Democratic Staff
2129 Rayburn House Office Building, Washington, DC 20515
Ph: (202) 225-4247
Fax: (202) 225-6952

Go to United States House of Representatives, 110th Congress, 2nd Session for info on contacting your representative.

Call the local media. Tell you story. Get help anywhere that you can.

[Moe Bedard]

Redeemed,

Although our situations are very different, and different states, I just wanted to let you know that the OCC has been very nice to deal with regarding my complaint filed against Chase.. and they do have a live person that I get to speak with each time I update my file.....and they notified Chase right away of the complaint. I had gone to my state agency and my state attorney general and I was referred to the OCC.........they stated that the OCC would be best equipped to handle the dealings or lack there of from JP Morgan Chase/Chase Home Finance LLC
Since I also had to file a complaint..........just wanted to let you know the steps I took in my experience with that.........right up to the CEO, who by the way, was no help at all.

Good Luck......

[Redeemed]

OK. Just got of the telephone with Ken Smith at Chase legal department. He also reiterated to me that the first payment they received was January. I informed him that this was incorrect, that the first payment was sent and received and cashed by Chase in November. To cut a long story short, he has asked me to fax directly to him copies of checks/payments received and he will research the issue as (QUOTE) clearly there is a payment issue here (END QUOTE). he promised to get to the bottom of it.

He states that they do not have copies of any correspondence nor my requests for copies of documentation that I have sent through this two year period.

The strange thing is the "payment statement" I got from Chase when all this initially started, shows that they acknowledged receipt of the payments dated November and December...

Fax every iota of data that you have sent them, i.e. letters and all of the "stuff" that they have sent you as well as front and back of every canceled check. Make it count and get everything to them in chronological order.

[Redeemed]

Gotcha Poppy. I sure will. It will be a late night with lots of Coffee!!
I CAN DO THIS, I KNOW I CAN.

[Moe Bedard]

Redeemed,

Do keep us posted on the progress..........I am very interested to hear what happens.

Oh and trick #57, make sure every page that you fax has your name, property address, loan number and last 4 of SS# on it, please that way it may get where it needs to....with luck.

[Redeemed]

WOO HOO! Got written notice today, the hearing for summary judgment has been canceled! I plan on contacting Chase and opposing counsel tomorrow for information.

I did however, send copies of my QWR to the following:

Cc: RESPA, OCC/OTC, Attorney General, FTC, VP Dick Cheney, HUD, MERS, OFR, Florida Governor, Charlie Christ, Lt Governor, RESMAE Mortgage, C/O Credit Suisse, Chevy Chase Bank Home Equity, Chevy Chase Bank Consumer Loans, Chevy Chase, Overnight Payment Processing, Law Offices of ......., P.A.

[Redeemed]

THIS IS INTERESTING.

Quoted Verbatim:

Florida’s lis pendens statute provides, in pertinent part, as follows:
48.23 Lis pendens. —
* * *
(2) No notice of lis pendens is effectual for any purpose
beyond 1 year from the commencement of the action unless
the relief sought is disclosed by the initial pleading to be
founded on a duly recorded instrument or on a lien claimed
under part I of chapter 713 against the property involved,
except when the court extends the time on reasonable notice
and for good cause. The court may impose such terms for
the extension of time as justice requires.
(3) When the initial pleading does not show that the action is
founded on a duly recorded instrument or on a lien claimed
under part I of chapter 713, the court may control and
discharge the notice of lis pendens as the court may grant
and dissolve injunctions.
§48.23, Fla. Stat. (2006)(emphasis added). The case law construing the lis pendens statute makes it clear that the statutory language “founded on a duly recorded instrument” imposes the strict requirement that the lawsuit must be based on the terms contained in the recorded document itself. See American Legion Community Club v. Diamond, 561 So. 2d 268, 272 (Fla. 1990)(ho lding that the phrase “founded on a duly recorded instrument” in the lis pendens statute applies “only to those cases in which the suit is based on the terms and provisions contained in the recorded document”). See
also DeGuzman v. Balsini, 930 So. 2d 752, 754 (Fla. 5th DCA 2006)(noting that unless an initial pleading shows that an action is founded on a duly recorded instrument concerning the real property described in the lis pendens, the court has the power to control the notice of lis pendens by discharging it or by requiring the party who filed the lis pendens to post a bond).
5
In Avalon Associates of Delaware Ltd. v. Avalon Park Associates, Inc., 760 So. 2d 1132, 1134 (Fla. 5th DCA 2000), our court explained that, unless the initial pleading shows that the action is founded on a duly recorded instrument, the effect of the filing is limited to one year, and the court has the power to control the notice by discharging it or requiring the party seeking to file a lis pendens to post a bond. The reason for this strict
requirement is that the imposition of a lis pendens functions as “a harsh and oppressive remedy” that “operates as a cloud on the title and prevents an owner from selling or dealing with it.” Id.

You really need an attorney to translate that one....your problem more than anything is to prove that the idiots did not post properly on your payments, all of the legal haggling in the world can not trump that one.

If you can get them to admit to the fact that the payments were made and that they were not credited properly.....all goes back to relatively normal....although I am sure that your blood pressure will be on the roof for about 6 months or more once it is cured.

I would not get lost in the legalities if they are not necessary...get them to admit to the misapplication of the payments and get them to rectify that issue and the rest of the problems will go bye, bye.....

[Redeemed]

Morning Poppy:

I found while checking through my canceled checks, my payment in January was made from my account on Jan 9th, Chase electronic check shows they cashed on 9th, yet it was not credited my account until the 16th, of course 1 day late enough to charge a late fee!!!

Also, it has come to my attention that Chase DID NOT pay my second mortgage payments the 2 months Chas serviced the loan, I do remember paying to my second mortgage those payment again approx 18 months ago, and did not go back and check what happened to them until now.

These people are Terrible!

On the second mortgage was that an automatic payment or some other form of electronic transfer....?????

If Chase were servicing they would not necessarily have paid the payments for you unless you had an account with them and had an automatic payment scheduled to go to the account.

Do you have canceled checks for that time frame or do you have the proof of electronic funds transfer for those payments? If you have the canceled checks or funds transfers they need to have copies and fix the problem....they money went somewhere.....

[Redeemed]

The second mortgage payments were via check and electronic transfer. I do have the canceled check and bank statement showing the payment was paid deducted from my bank account and paid to Chase.

This is where the attorney of records got dirty with their amended supplemental petition for summary judgment, (hearing for tomorrow has been canceled) he claimed it was a partial mortgage payment made toward the first mortgage payment, this is apparently what they did with the other second mortgage payment, instead of paying the second mortgage they placed it in a suspense account, which resulted in two January payments being made on the first mortgage (when I paid January's payment). I don't know why they would do this. However, as of February 1, 2006, the loan was assigned to US Bank and payments were to be/have been sent to them since that time. It appears that Chase did not pay either of the second mortgage payments they received for that purpose, despite the fact they were still servicing the 2nd loan until February 1, 2006. Thank goodness my second mortgage company contacted me and it was taken care of, until now I have not researched questioned what happened to those payments?

Slowly but surely clearing up....keep at the research and get every payment nailed down, where it went, to whom and then get them to clear it up for once and for all.

You are in a very unpleasant position as you have to prove that you did make the payments and then force them to accept that fact.

Please keep me posted.