Countrywide Foreclosing On: Stressed-Out, Frustrated Disabled American--Seriously Running Out-Of-Time (HELP)

[dennis46]

Hello Moe,

This is my first time to post on your site although I have spent an uncountable amount of time recently looking over it. Moe, you are absolutely a god-sent, especialy to all of us poor Countrywide customers. You are doing the kind of service for the people that there is now kind of price tag for it.

Look Moe, wrote two post and both were as long as a book and had to delete. Gonna try to shorten, I took out a cash-out-loan on our home and 5 acres March 26, 2004. Its a 28/2 adj. that I didn't wont to do, but I have a lifetime disability and we took it out to build our credit and get our lives back on track from my injury. Planned to pay 1-1/12 years on time and refinance into a 30 yr. fixed with a lot better interest rate.
After about a year, March 2005 my Supplemental Income Benefits from work-comp were wrongfully stopped (no warning, no monthly check). It took me nearly a year to get it fixed (start getting monthly income). Proudly kept my monthly payments paid during that time, paid late and most 2 at a time. Could have refinanced due to our credit and standing, but wasn't able to do so because without drawing a check, I couldn't show proof of income.

Kept making payments even though went a year w/out income and the adjustable rate was moving on up. In March 2007, forced into a Repayment Plan. Was making 2 payments at a time and on March 31st was 500.00 short but would have the funds by April 3rd when receive social security check. CW said if didn't have paid by 31st would be 3 behind by April 1st and would go into foreclosure (what happened to the 10 day grace period ?). Was a joke anyway--ended up paying as much upfront as would have for my two payments plus they added all the fees and attorney fees. Attorney fees were written as for foreclosure---so what was that deal?

The Repay Plan was for 12 months and stayed in good standing until the 8th month, which was Oct. 2008. I suffered a Heart-Attack and had to have heart surgery. Started going through the CW Horror trying to get in contact with someone or talk to someone who knows what there doing. Until this point I had dealt with the same person who did the agreement and had dealt with her throughout the term without any problems. Finally contacted her and said I would sell some of my cattle to pay Oct. & Nov. Came up short at the sell with the cattle and was 999.00 short, sent what i had and naturally couldn't get a hold of the person I had been dealing with to let her know what happened. Had her fax, wrote down everything, said would send the 999.00 with Dec. payment if not before. Checked fax and verified that it went thru. Sent the funds on Dec. 7th the day before Dec. payment due and they sent it back, contacted CW and told that plan was canceled on Dec. 6th. Finally contacted the person dealt with on original agreement and she did not like what they did about canceling the plan, she said that they did have my faxes, they just did not pick them up when I sent them.

Moe, from that point I have had nothing but HELL. They were suppose to set me up with another agreement in Jan., I sent them 2,032.00 because that's what they said I had to do to keep my house. I ask them for a contract, they said they were going to overnight me one, never seen it. Started trying to contact them in Feb. about it, do I send the same 2032.00? and when do I send it? Have had nothing but trouble trying to contact these people and talk to a different person every time and get a different answerer every time. Its obvious that some of these folks know what there talking about, but most don't. OK, on the Feb. payment, had the funds that is if it was the $2032.00 and wanted to speak with someone before I sent it because they had sent some back before, especially this situation where I didn't have a contract or a payment date. By the time I got a hold of someone, they said they had canceled my so called contract again and he told me not to send the payment, he gave me a number and told me to call it on Monday. I contact a man who tells me that he can put me on a modified plan instead of the payout agreement, which is exactly what I wanted. In a nutshell, he tells me to get the income information, hardship letter, etc. together and send all this in and he would do his part and said it would take about 30 days or so to get everything done. I ask this man several times, is this approved or something that your trying to do for me, he keeps telling me, its a done deal--just takes 30 or more days.

Moe, about 30 days later I'm getting all the paperwork from the attorneys. Foreclosure. I'm talking about Foreclosure,filing at my County Court. Contact countrywide again, find out the guy did nothing. The person I talk to this time takes the information they have of mine and she sounds like she knows whats shes doing and she sets me up on a modification and I call the attorney that sent the papers from countrywide. The CW attorney was actually helpful, she kind-of in a round-about way told what I could do to stop the foreclosure process at the court. I filed a Written Response with the clerk to stop the Application for Foreclosure Sale from CW. Going on what they told me at CW and what their attorney said, we could have had the modification worked out before their attorney's would file for an application for a hearing over the foreclosure, which they now have set for July 25, 2008 (next Friday).

Moe, I'm in a real bind here man. Is there anything that you know of that I could possibly file with the court at this late date to postpone (buy more time) change next weeks hearing to later time. I was stupid enough to believe this bunch on this second modification, I should have know better. When I told them that I could pay their percentage and do the modification, just needed to get this done, no problem. I think it was OK until I said, I did need them to send me a copy of the Servicing Activities over my entire loan, because I thought their total figures were way off the charts and I want to pay the correct amount, I received a totally different attitude.

One last thing, I know they have used illegal practices against me. After looking over your site, I went back and looked over my contract. I did have paperwork that was suppose to be signed at closing that wasn't. It was sent to me 4 days later by overnight mail for my wife and I to sign, there was two places for us to sign and both had to be notarized and dated. I made copies of all the paper work that we signed with all the above places blank, so that we would have a record. I also have the cardboard envelope that it came in, which has the date and the name of the company and individual that sent it. I have other questions about fees and a assignment of note & deed of trust that was done on Feb. 7, 2007.

I would really appreciate anything that you or any of the site associates could help me with. THANKS MOE,

[schwefls]

Hi dennis welcome to our forum:

I wanted to stop in say hello and assure you, you are not alone. Shortly someone will be reaching out to you with some sound advice/suggestions. In the interim please hang in there and know that we are here for you.

[Cat Damiano]

Hi dennis,


Welcome to the forum and thank you for joining............

From reading your post it doesn't sound like you really have time to fight this yourself............you had not indicated what state you are located in..........you have predatory issues on the loan and you definately need help with CW on this one expecially since the foreclosure is initiated already.......
Give a call into Greg's office and see if there is anything that they can do to help you................

Law Offices of Gregory A. Paiva & Associates
1325 Corona Pointe Court
Corona, California 92879
Telephone (888) 432-6634
Facsimile (951) 860-4763

[dennis46]

Hey Cat,

Look Man, thanks so much for replying so quickly!!!! I cant say it enough, You Guys Are Just Absolutely A God--Sent.

I don't want to set here and continually bend your ear, but when you have a lifetime disability that involves 5 back surgeries and all the pain and misfortune that goes along with it, 2 years of non-stop continual problems with work-comp, pension insurance and Countrywide Home Loans------It is the greatest feeling in the World to come across a site like this one, that actually has people who care and want to help Others.

Texas is my state, Sorry, I didn't even think about mentioning that in my post. My son called the attorney for me, but, they are closed today. Will call them first thing Monday. Do they have any offices in Texas?

Thanks,
Dennis

[Cat Damiano]

No problem................

Some of the office actually is here
http://www.loansafe.org/forum/tell-u...ownership.html

but they will be open on Monday..........

We don't have offices in Texas but we do offer the Loan Document Reviews in all states..........so they will be able to help you with that and they can take those findings to Countrywide and might be able to help with the foreclosure issue...............if it requires you to have someone local..........then they also might be able to refer someone close............but it sounds like something that they can handle.
Give them a call on Monday and let us know how it goes..........

[dennis46]

Cat,

Sorry so long getting back, (have been very nervous and going thru alot of paperwork) spoke with an agent from the law office on Monday. He took some of my information, but, big problem of course, had to check with supervisor about short time frame. He said due to the short time frame that they wouldn't be able to help me with the hearing on Friday. Its obvious that I have violations from CW and they can do an audit and take my case, they just don't have time to take care of the hearing Friday.

He told me to use the sample of the written request that you guys have in your tool box, to ask the court for a lift of stay on the foreclosure hearing on Friday. He said to fax a copy to CW, their attorney, file it with the court and take a copy with me to the hearing. He said to explain that I need more time (hire counsel, found predatory lending practices). The paperwork that I have from the original application they filed for foreclosure states that you can file a written response with the clerk setting out as many matters, whether of law or fact, as you consider may be necessary to contest the application. If response filed, the court will hold a hearing at the request of the applicant or respondent. I filed a response at that time and now the applicant has filed for a hearing. I'm hoping that there is a law or the judge will allow me the lift of stay!!!!! Otherwise they will get my home and set a sale date, which may take 30 to 60 days, Now the attorney said we can still do the audit over my loan and if enough could get it reversed or if not enough have some leverage.

Cat, do you or Moe now of anything else that could help right now. Listen, I am open to anything. This major nerve damage that I have from my disability is not helping matters right now. (Sure makes hard to type)

Thanks
Dennis

[bambam0084]

dennis,

stay strong and do WHATEVER it takes to not be forclosed on. I suffered a back injury and was placed on long term disability, at 20 i didnt have much saved to pay bills so I was unable to work anything out with country wide. Heck they wouldnt even take partial payments after the first three months. Im now 23 making well over 200k a year and im still UNABLE to get a home loan. I'm also over 2 years out of my foreclosure and still unable due to recent changes in lending guide lines. So again, avoid foreclosures at all cost, it has ruined my home owning chances for a while at least.

Dusti