Fight them in Court....your one case at a time

[Northsider]

So for after the forth time after applying and being told I needed to be considered for HAMP first, then an in house modification, I have recieved my forth HAMP denial and no written comminication on the in-house workout. After mulitple calls over the past six weeks, request for addtional infomation (which has been sent 4 times already), and being lead to believe I was to be assigned an "relationship manager", I was told this evening that I was denined for the in-house plan again.....with no explaination available. I was dninded over 6 weeks ago...but was not infomred until today.

The call center seems to insist that WaMu is my investor..yet the forclosure papers say US Bank. They are either clueless or intend to mis-direct. Chase is the servicer and holds my second as well as my credit card...so they stand to lose the most....yet the dil-rods can't seem to get that though their heads. Hmmm...work with a long standing customer who owes about 10K....or foreclose and stand to loose about 100k....one would think it is an easy answer considering that I am gainfully employed, can afford my mortgage, and just need to caught up for the few months I got behind....TWO YEARS AGO.

The Chase organization is a complete joke. The reps may be nice but purposely are not supplied with meaningfull infomation. The rep told me today I need to apply a FIFTH time and just keep paying monthly as usual....but that the outcome will be the same. She could not explain why I have not been informed the last 6 weeks....and could not explain why I have since received written communication requesting yet ADDITIONAL paperwork for the Mod application (that has been already sent 4 times..some docs 5+ times)

Since they are just playing this wait it out game, I will solve it for them. I am tired of being on hold and my credit in limbo. I was not in foreclosure until I agreed to a verbal trial mod in the first place...then after they lost all the paperwork, they claimed I was in default for not paying the full amount! Despite admitting internal paperwork processing errors, they pursued foreclosure untiDon't EVER agree to a verbal trial mod....it just a trap to get you into techinical default!

I answered the complaint....then boom...all the sudden I finally received actual written trial modification paperwork. My case was put on hold while in modification. It seems they only respond when a stand off in court is possible.

So I will re-apply...for the FIFTH time...and then use that time to legally respond. I will move to dismiss the complaint due to lack of standing. Their attoney in court the first go-around was clueless. A motion to dismiss while the case is on hold may shake things up a bit and bring finality to this mess. Who knows....when I march in thier with the log of the 400 plus phone calls, the messed up first trial mod, evidence of the messed up first trial mod, and no feedback for internal mods, I will be able to show Chase is not providing foreclosure prevention measures as required by law....but rather is inducing foreclosure. In addition, the complaint lacks standing due their participation of the mortgage assignment fraud making headlines this week.

I have come to believe that when Chase is loan servicer, they really want to stall and delay just to make more money on the foreclosure process. They could care less about helping anyone. The only way to force an honest discourse with a human that has authority to act over there is to take em' to court. If I lose the court case, I will then go BK...and then they loose the finanical fight anyways. Either way, I will not go down without taking a peice of them with me.

Don't roll over! Answer any and all foreclosure proceedings with answer and challenge! Use all your rights and tie them up in court. Only when that tidal wave hits will Chase offer reasonable modifications. While amodifcation may not be a "right"...it will be the least cost solution if many start to challenge thier cases in court, one by one. And condisering how dirty the foreclosure mills abuse the legal process, it is only fitting to use a few legal manuevers of our own.....

One last item....if you wish to get back a little, go buy silver. JPM Chase stand to loose a massive amount of money if silver prices rise. It woudl serve them right for mis-informing and mis-treating thier customers in other facets of thier business model.

[diana0806]

Hey northsider, good for you. I am going to court suing chase for fraud. I have been at this for 34 months. I have been offered 3 crap mods. Which were financial suicide. Lost my paperwork many times. Abused on phone by some reps. I cannot wait to see a judge. I have income to pay a mortgage. But i am not going to be extorted and say thanks. My senator's house counsel, who i speak on regular basis, says you have a great case. The senator in my area is great!!! He wants updates on what is going on. Hey, fight like hell. We will prevail!!!!!!!!!!

[Maurice Bedard]

Reapplying makes it worse. You need to demand a written letter of denial, and if it isn't valid, challenge it. Many people have had the denial overturned when 'missing' documents mysteriously showed up, and then had their mods in days instead of more months that reapplying will take, with a new trial. Call 866-939-4469 and press option 2, not #3 for homeowners like it says. Tell them you have foreclosure papers already, and still haven't gotten a denial letter and no one will tell you why you were denied. At least you will know if it is valid or phony. You can continue with your courtcase at the same time. That number is directly to HAMP escalations, and they should be able to either tell you why you were denied, or reopen your file while pending investigation. If they reopen your file, that is suppose to stop the foreclosure from proceedingwhile they investigate.

[lied to]

Moe, I told my story on another thread but I just want to ask you-
How do you appeal a denial when the reason for denial is that they lied and sold your house?
I put my info in CheckMyNPV and it says I pass NPV. But Citi sold two days before Xmas
even though they told us they wouldn't sale until HAMP is decided. We trusted them,
and they lied to us. We had $100,000 in equity! We could at least reversed mortgage it,
but wanted to try for HAMP first. So how we found out they didn't postpone the sale was
from the HAMP denial letter. (which says they won't sell for thirty days) New owners already
sent 3 day and called to say get out.

[Tarin Myhairout]

Lied To:

New owners already sent 3 day and called to say get out.

I think you should immediately contact your local Legal Aid office, or a private attorney and fight the eviction first. There is something terribly wrong here, and they cannot be allowed to do this. If you receive disability payments, you should be qualified for legal assistance.
Then: Get in touch with Attorney General Kamala Harris's office and file an emergency complaint. Ask her office to intervene in the case, at every level.
Later, you will come back to the Forum and find all of the different appeal avenues. But first you must fight the eviction; even if you have to go there on your own.

Please keep us posted.

Tarin

[lied to]

Thank you for the advice, we went to lawyers right away and they want $5,000 to start anything. I will call legal aid today. I understand that they don't have to do mods if they don't choose to, but they have no right to tell us not to worry, they won't sell
Of course I'm going to believe them who would know better than them? I put other choices on hold because I believed them.
Then that crazy letter saying they won't sell my house for thirty days... Sorry to go on and on. What I wanted to ask you is the new buyers are trying to get us to sign a contract with them to be out in 30 days and pay us 2,500. I was ready to give up before I found this website. That equity was all we had, Our family has owned this house for over thirty years. (mom refinanced in 2005 for lower interest rate)

[Tarin Myhairout]

Lied to:

Please don't let them do this to you! You have been wronged, and if you had that kind of equity in the house, what happened to it? Somebody is taking advantage of you, maybe a lot of somebodies.

Did the servicer publish the proper foreclosure notices in the paper? Freedomwon has the information on her thread that will help you figure that out.

There ARE those of us who have overcome this sort of fraud- and I want to see you be one of them. After you make those other calls to Legal Aid, come back and look at Estela13 posts in the Chase Mortgage thread, and call the Consumer Financial Protection Bureau; and MHA Escalations. If FreddieMac or FannieMae owns your loan, there are other options as well.

Good Luck!, and let us know how you are doing.

Tarin

[freedomwon]

Lied to - What you can do is this . . .

You've already been served with a 3 day notice to vacate taped to your door.
Providing you don't leave, the Sheriff will stop by & serves you with an unlawful detainer.
You will then have 5 days to answer the complaint (You must file a written answer to the complaint with the court). Then a hearing date is set & you enter a demurrer pleading.

It's really up to the judge & how he decides to rule in your case.

This is how you get your case into court without having to pay an attorney a $5k retainer to start. If you get ahold of some legal aid and or a paralegal, you could get some inexpensive or FREE help with filling out the forms you need to submit to the court.

Then that crazy letter saying they won't sell my house for thirty days

You can enter that as supporting evidence when you file with the court.

Here's what Tarin was referring to in her post about the trustee publishing the notice of sale:

California Civil Code §2924f (b)(1) states, "before any sale of property
can be made under the power of sale contained in any deed of trust or
mortgage…notice of the sale thereof shall be given by posting a written
notice…describing the property to be sold, at least 20 days before the date of
sale…and publishing a copy once a week for three consecutive calendar weeks,
the first publication to be at least 20 days before the date of sale…The notice of
sale shall contain…the name of the original trustor".

[estela13]

Hi there Lied to I am assuming your home sold to a third party or did it go back to the bank sorry if I missed it.
I have been down this road when they are trying to evict you. I have been in court and basically the judge states his hands are tied and he has to follow the law at least this judge can't look at anything else like the bank lied which happens daily.

I fought a long hard fight against Freddie Mac and Chase the only one that had the power over Freddie mac evicting me was the Iowa Attorney General, I hired a lawyer and he could not do anything for me.

You have something very powerful this letter you speak of is your power, I NEVER had anything in writing. I would contact every bank contact you can find on this forum for Citi.

I personally refused the cash for keys the bank offered me for 3,500 I stood my ground and with the help of the Iowa AG I won.
My story is pretty long and complicated to say the least if you feel like reading it you can.

Good luck and keep us posted.
~Estela

[Jeffrey L. Shurtliff]

This is the way I see it. The loan mod deal is not relevant in an unlawful detainer. The only thing they rule on are the facts at hand. You are in unlawful detainer if you do not have a title to the property but continue to live and occupy(depending on the language of each state code.) on the premises. Actually the 3 day notice usually will run thirty days and if I remember right, that is close to the California Statute. Please correct me if I am wrong.
I am not an attorney, but dealing in property legal has taught alot to me over the last three years. You will probably have to leave to avoid unlawful detainer; unless you have something relevant to defeat the charges within the unlawful detainer. Only thing is to challenge the Presumption of Trustee's Deed. Look it over good as this should have been served as the new owners proof of their instrument, upon the property.

[Tarin Myhairout]

LIED TO:

You may find this post of interest:

Forged, Robo-signed, Mix Matched Signatures?


It is from a CA member who had responded to a Notice to Quit; and it bought some time.

Hope it helps.

Tarin

[Tarin Myhairout]

Hi Jeffrey:

You will probably have to leave to avoid unlawful detainer; unless you have something relevant to defeat the charges within the unlawful detainer.

We disagree.

The UD action may be his first, best hope to stop this. NOT vacating and then Answering the complaint will buy him enough time to get intervention and help from the AG'a Office, Legal Aid, Fannie or Freddie, CFPB, or whomever else. There is a lot that sounds wrong about this, completely aside from the letter.

I went back and read Lied To's post above, and it isn't clear about whether he was Noticed about the sale, etc; so we just don't know enough about it.

However, improper sale of the home IS relevant to an unlawful detainer; and if he was never properly served notice, that needs to be brought up. From his outline, it looks like the sale was the reason for the HAMP denial, which is an interesting approach on the part of the Bank.

I guess my bottom line is that leaving the house is almost the last thing I would want to do (because it is an unspoken admission that you shouldn't be there)- but he will have to decide what is best for him.

Here's hoping for Legal Aid or a Pro-bono attorney to come through for him.

Tarin

[Jeffrey L. Shurtliff]

Lied to ................Just got back to this and I got it for you. You can challenge the unlawful detainer showing the sale was improper because you did not get a notice for the sale. You can claim negligence in the sale process. Common Law Tort Doctrine applies here Res Ipsa Loquitur. Damages for Emotional Distress. This is already decided doctrine.

[estela13]

I would also stick to the story you were under hamp review. And that you were not given a denial yet they sold her home. You have a good case you need to raise H*ll. Also state you were not given any others options like reinstating DIL short sale ect.

This will help you, please get the attorney general involved.

[estela13]

Sorry for misspelled words I'm writing on my phone.

[acesfull]

Hi All

This is yet another case of thief by deception and total lack of due process in non judicial states.
The OP from 9/2010 used the correct legal term STANDING. The problem is in non judicial states you cannot make this argument.
Until the law makers change this unconstititional procedure many unsuspecting homeowners are going to be facing the corrupt bank appointed trustee's.

I highly recommend you seek legal counsel via the AG office or some legal aid office. Sent a letter to the AG and your Governor ASAP time is not on your side.

You must answer the complaint and try to get your day in court, if you fail to respond to the complaint, a default judgment will be entered against YOU and the Property.

File an answer to the complaint and DENY and OBJECT to all allegations in the complaint.

A generic answer to the complaint is better then NO answer at all. IE-- Defendant objects to Plaintiffs allegation #1- thru #15 since plaintiff failed to attach a copy of the contract or mortgage note that plaintiff alludes to, therefore Defendant holds plaintiff to ITS strickest Proofs.. This simple objection will get the court to take notice.... Not Harvard law but it will work and hopefully buy you some time to seek competent legal counsel.

Please do not leave your home, stay an force the bank to prove STANDING.

Are you in Default? of coarse you are, however if you had Cash in hand to pay off the mortgage, YOU simply want to make sure your PAYING the Correct LEGAL ENTITY, not some fly by night collection attorney... This is now your motto. Make them prove to you that they are the CORRECT LEGAL ENTITY to accept your payment.. DO NOT LEAVE YOUR HOME.. FIGHT

Keep us posted.

Best regards and Blessings

Nj-15 Months
Acesfull/HWP

[lied to]

Thank you all for the help you’re giving me. This is what I have done so far. Sorry it’s so long but I want you to see everything. Thanks, Lied To

HERE IS A COPY OF YOUR EMAIL TO THE ATTORNEY GENERAL AS REQUESTED

About ten years ago my sister, my daughter and I moved in with my mom because she had become too ill to live alone. Mom and I were both on SSA and were able to pay the mortgage payment. Sadly, mom passed away a couple of years later which put the house in probate, and left to my sister and me. I was able to keep up the payments for about a year, but without mom’s income I soon fell behind.

The house went into foreclosure and on 11/21/2011 a sheriff’s sale was scheduled to take place. We weren’t ignoring the problem; we were waiting for a relative who offered to get us caught up to come up with the money. After a couple of months of this relative saying I’ll have it in a couple of days we realized it wasn’t going to happen.

We called Citi Mortgage and told them that we no longer have the money to get caught up available, could we please try for a loan modification? They agreed and postponed the sheriff’s sale for thirty days. We were so relieved and so thankful. From here I am going to just give the facts.

November 21, 2011 - Sheriff’s Sale right before Thanksgiving/ Postponed thank god

November 22, 2011 - Modification Papers Arrive Two Days before Thanksgiving
(Papers are in deceased mom’s name, need help with papers)

December 4, 2011 - Papers Due, called and left message for Terry
(only 12 days to fill out, with Thanksgiving in the middle)

December 7, 2011 - Called Citi Mortgage again, talked to Lorraine about Papers and was told house would not be sold until we get a HAMP decision - new packet will be sent with right names on it.

(Waiting for papers and getting ready for Christmas)

December 21, 2011 - Looked out the window and noticed people looking at the house. Called Citi Mortgage right away and was told “Not to worry they will put in an emergency postponement”

December 23, 2011 - Just three days before Christmas they sold our house.

December 28, 2011 - Citi sent us a HAMP denial letter that says we are unable to approve your mortgage assistance request because: This notice is to confirm that the subject loan listed above was paid off on December 27, 2011

Then it says I have 30 days to appeal and house will not be sold during that time.

I put my info in CheckMyNPV and it says I pass NPV. But Citi Mortgage sold it two days before Xmas, even though they told us they wouldn't sale until HAMP is decided. We trusted them, and they lied to us. We had $100,000 in equity! We could at least reversed mortgage it, but wanted to try for HAMP first. So how we found out they sold our house was from the HAMP denial letter. (which says they won't sell for thirty days) New owners already sent 3 day and called to say get out. Of course I called Citi right away
and that person said she couldn't explain what happened because it just didn't make any sense. In fact it was a three way call because I had a HUD counselor make the call with me, because I didn't even understand the letter and never heard of a NPV or HAMP denial.

It took me a week of calling to finally get Citi to tell me that their employee shouldn't have told me "don't worry the house will not be sold"

I still to this day have not received anything from anybody telling me my house was sold except for the HAMP denial letter.

I finally told the last supervisor that the letter says I have a right to appeal and the house won't be sold for the following 30 days so what do they need for me to appeal it. She told me it has to be in writing before the 30 days are up. She told me again nothing can be done, like don't waste my time.

Since my 30 days are up on the 28th I emailed three different departments at Citi today that I want to appeal

Someone needs to understand what Citi has done to me and my family for trusting what they say (not once but twice) they told us on Dec. 7th the house would not be sold, then when I saw cars stopping out front, we called again and said an emergency postponement would be sent and again don't worry. That was the day before the auction.

We just had the house appraised for probate court for $148,000 and it sold for $52,000 to a couple of guys that flip houses for a living.

It makes me sick to my stomach that I put all the other options I could have done (reverse mortgage, bankruptcy, or get the money from someone I know) on hold because I was excited about HAMP
lowering our interest rate from 61/2% to 2% and for 40 years.

Why would I think I couldn't believe them? Who would know better than Citi about the sale?

All I ever heard was just work with your lender. Well I did, and now I have nowhere to live, and lost $100,000 equity my parents worked so hard to get for us.

I am so sorry I went on like that, it's just not very easy for me to accept that for less than $5,000 I lost everything.

I could of sold my car if I had to, to keep a roof over our head. But they told me they would not sell it until we had a HAMP decision. Of course I believed them, they did postpone it before when they said they would...it never crossed our mind not to believe them.

This has been unbelievably hard on us. My parents worked hard for this house, we have owned it for around 30 years, the equity of around $100,000 was our nest egg. I am on permanent disability,
and the foreclosure news scared my daughter so much that she wanted to kill herself and was put on a 72 hour hold in a mental hospital. To have to leave her there almost killed me.

So now I have been served with an unlawful detainer and tried my best to answer it, waiting for court date now.

I have 30 years of stuff and no money to move. The men who bought the house offered some money to get out right away but that is physically impossible for us and besides they had a five page contract for us to sign, saying we would never try to fight for our house.

I never would have known to tell you my story if I hadn't found a web site named loansafe.org I posted my story on their under the name Lied To. They gave me some hope when I really had none.
--------------------------------------------------------------------------------------------------------------------------------------------

January 21, 2012

CitiMortgage
NTSB 1680
6801 Colwell Blvd
Irving, Texas 75039


Attn CitiMortgage Loan #:
Trustee #:

This letter is to follow up to our telephone conversation we had today, January 21, 2012 @ 3:00pm
requesting a neutral third-party appeal of modification denial dated December 28, 2011 and for the wrongful foreclosure on our family home dated December 27, 2011. We were advised by Julie
(badge #yw60134) of the loss mitigation department that an appeal must be sent in writing.

On December 7, 2011 we called to get help on the modification papers we received on November 2,2011. We were told by Loraine that the planned foreclosure sale will "not happen until after we make a decision on your loan modification application." Little did we know that before our loan modification package was even considered, our house was sold at a foreclosure sale. We pray that this appeal will save our home and our $100,000 Equity.

Sincerely,

------------------------------------------------------------------------------------------------------------------------------------------

Hello

This email is to inform you that the Executive Response Department with CitiMortgage has been attempting to contact you. To further assist you with your request please call me at 1(877) 245-2511 extension: 0475547 within three (3) business days.

Sincerely,
Terry Nelson

CitiMortgage, Inc.
Phone: 1-877-245-2511
--------------------------------------------------------------------------------------------------------------------------------------------
Terry,

The lack of accountability by the people of CitiMortgage staff is staggering. Prior phone communications have proven to be non-productive, therefore; all correspondence concerning this matter should be addressed in writing to our address below or to my email address. Thank you, xxxxxx

-------------------------------------------------------------------------------------------------------------------------------------
Terry,
I am writing to you again to inform you that I do have questions and I do want to discuss other hardship assistance alternatives, as it says I have a right to do in my HAMP denial letter dated 12/28/2012.
I would also like to know the progress on the appeal that I requested on 1/21/2012.

Prior phone communications have proven to be non-productive, therefore; all correspondence concerning this matter should be addressed in writing to our address below or to my email Thank you,xxxx

---------------------------------------------------------------------------------------------------------- NPV Evaluation Results Based on the information you provided your mortgage may pass a HAMP NPV evaluation and you may be eligible for a HAMP modification. Be sure to save a copy of the information below and share it with your mortgage servicer to discuss options available to you. Please note, CheckMyNPV.com provides only an estimate of a servicer's NPV evaluation. While the NPV formula used is required to be the same as your mortgage servicer's, differences in input data and other industry-related data may result in different outputs. . Information Calculated For You For more information about the proposed modification, visit the frequently Asked Questions. NPV Date 01-29-2012 Unpaid Principal Balance of the Proposed Modification $33454.90 Principal Forbearance Amount of the Proposed Modification $10239.74 Interest Rate of the Proposed Modification 2.0000% Principal and Interest Payment of the Proposed Modification $101.32 Amortization Term of the Proposed Modification 480 months Information That You Provided Which Best Describes You? Homeowner Servicer & Investor Information Your Investor Fannie Mae Homeowner & Property Information Data Collection Date 11-14-2011 Borrower Credit Score 550 Co-Borrower Credit Score not provided Monthly Gross Income $1,500.00 Property State CA Property ZIP Code 95825 Property Value $148,629.00 Property Valuation Type Estimated/AVM Mortgage Information Original Loan Amount $48,772.00 First Payment Date 11-01-2005 Do you have a fixed rate mortgage? Yes Unpaid Principal Balance of Your Mortgage $43,694.63 Total First Mortgage Debt $43,694.63 Interest Rate of Your Mortgage 6.125% Remaining Term (Months Remaining) on Your Mortgage 287 Mortgage Insurance Coverage Percent 0% Modification Fees Paid by Investor $0.00 Monthly Payment Information Principal and Interest $296.34 Real Estate Taxes $263.69 Hazard and Flood Insurance $100.00 Homeowner Association Fees and Escrow Shortage $0.00 Months Past Due 12 Imminent Default No

[Tarin Myhairout]

Liedto:

Thank you so much for coming back to update us. I have worried about you every day since your last post.

I truly hope there is something someone can do to help you. You are fighting back.

Best of luck to you and your family.

Tarin