Full Story on Fraud... and plee for help!

[tylerd77]

I am a realtor, had a client we will call J she was an investor, she bought my home with a 718 fico mid score, I was to upgrade the house, and look for other properties, I had found another great under market buy days later. (name removed) has their own lender (name removed), the rep approached me, wanted some business from me, since I was approaching Top Producer Status, and this is October, 2006. I told him of J but that we were in escrow with my home, but I had found another great buy.

We will call D said I have got the perfect loan for you, I said that J couldn’t afford it unless we could pull out the equity over one hundred thousand dollars at the time to do remodel and pay the mortgage, plus we were already in escrow with my home. He said no problem he had the perfect loan that after escrow closed it was a hundred percent financing with a HELOCK for the second which this company would raise the He lock line of Credit on the second, up to the appraised value which is over 100,000 and let you take the money out. He also said as long as I know about the other loan its no problem, since we were not hiding it.

This would be done simultaneously and His loan to J would close at roughly the same time, The first loan closed on my house to J mid November, and the other loan taking more time , he seemed to be scrambling but at the eleventh hour on Friday he calls tell J to go to Escrow she will have about five minunts to sign so it can get recorded today or we will have to start all over, I said ok, but is it the same loan you told us about where we can pull out the equity, for the remodel and 4,000 mortgage, otherwise we can’t do it, J does not have that kind of money, we can only do it if we can get the equity, He said it was the same loan just have her go down and sign.


She did sign in time, and did as I instructed her to do, as I was instructed that she didn’t need to read the documentss and it was the same loan as he said, J got their with five min to spare, enough time to sign only, it recorded, IT WAS NOT THE SAME LOAN OR THE SAME COMPANY, AND IT GOT BUNDLED AND SOLD TO COUNTRYWIDE THE SAME DAY.


When I called D to find out who had the loan, I got the run around and told D's father had just died, he was out, called the manager of (name removed), he doesn’t know anything about the loan as he does not see each and every one. I knew for a fact he was helping D to get the loan pushed through because of the time factor. Remember this is a lender owned by the company I work for. Finally got the loan number and company it was Countrywide, the was first flag, since he told us it was Quicken loans that was the only company that would let J pull out equity by raising up He lock to the appraised value.


Countrywide say’s NO they do not allow this to happen for a year. Got a hold of D representative at (name removed). But at his home He is crying over father. But said he wasn’t sure about the loan with Countrywide but that he didn’t see anywhere that said they wouldn’t do the same thing. I said YOU KNEW J COULD NOT DO THIS LOAN UNLESS THEY WOULD LET HER PULL OUT THE EQUITY. D say’s well I thought they would.

The FRAUD (name removed) pushes a loan through knowing it was not the same loan, yet tells me the Realtor to tell the client J she does not have to read just go down and sign and only has enough time to do so, as it was, we found out that Quicken loans had stopped doing wholesale loans as of midnight Thursday and wouldn’t take the loan so Mission Hills proceeds to do and overnight switch with Countrywide and records the next day Friday mid Novenmber, 2006.

J is screwed, two mortgages now two remodels to do and no money to do any of it now. I make a deal with J for a three year paid lease on the cat city home my old home. I would use my commission and monies I had and try to do the remodels my self. Cat City was already mostly completed, since I has already started on it, and had an agreement to buy back down the road, but took what moneys I had and started on new home in Palm Springs remodel, we needed to get done in under 30 days and re-list it, but with no money to hire crew, I tried to do it on my own to try to save my clients credit, and financial ruin. IT TOOK SIX MONTHS AND NOW THE MARKET HAS TURNED But backing up, now I told J not to make any payments on Palm Springs home, since I remembered if first payment not made then it, reverts back to (name removed) and raises a bunch of red flags for them, and after the loan went through they (name removed) would not even talk to us, this is a company my company owns and my company wouldn’t do anything either.

So No Payments made (name removed) manager calls, then the Vice President calls say’s we’ll help you but you need to make the back payments now going on three, OK good, I find some hard money for a third and fourth trust deed along with a commission of a house I just sold, and got the payments caught up and enough for the mortgage till May that the hard money people held and paid for J. But still having to do the remodel on a shoe string and would be six months from start to finish a partial remodel but a decent amount to get an appraisal of 850,000 and owing 601,000 to Countrywide and 55k to Hard Money Group. Mission Hills never returned a phone call after we caught up and the loan went back to Countrywide for the second time.


We lost the Cat City Home, after fighting the world it seemed, and going pro per in court even though Chase the lender knew I held a three year paid in advance lease on the property they foreclosed with out proper service, sold to FREDIE MAC and proceeded with eviction with out serving anyone in person, So with court battles but not being named on court documents other than as a Doe defendant I could not get in to the case and the clerks were blocking me, at every turn. So I stormed the Presiding Judge of all the courts, after he finish is docket, said I had and ex parte hearing to be heard he said as he’s walking to chambers he said I sorry sir your not on the docket, I said I know that but the clerks are blocking me and it’s my fourteenth amendment to be heard and it’s not for the clerks to make that decision its yours your honor, I kept rambling, he dropped his shoulders and told me to tell the clerks to send up the file, and come back at 3pm. Huge Win, since I had taken over all responsibility for the properties from J to spare her any more grief and since she was re habilitation her son who just lost his leg when hit by a Drunk Driver on his Motorcycle. I had no money for a lawyer, to file the fraud case originally since everything I had and got went into the remodel to try to salvage some kind of financial status.

With no proper service was able to win and overturn a writ of possession and re gain possession of Cat City home, but short lived, THEY LIE, THEY CHEAT, AND WITH THE DIRTY ATTORNEY TRICKS AND BEING THE IN PRO PER THEY WIN BY WEARING YOU OUT, AND INCOMPETINACE ON MY PART, AND NOW BEING REDUCED TO A Welfare Participant with my son only helps with the filings, But held on for a year and a half, still have Palm Springs home with no payments made for over a year and a sale date two days from now, Tried to enlist, and was talking with the president of Countrywide, and have e mailed your list of people to try to get Countrywide to align with me as a Plaintiff instead of being a defendant first in the FRAUD case against (name removed). But got a call on Friday last Aug. 8^th saying neither Mary Archer nor any of the other Countrywide Staff is there anymore, and also found out that Countrywide is not going to post pone the date any longer and on the 13^th the foreclosure sale will go on, which I had thought to be on the twenty sixth of August.

There is more like the chapter 7 I filed along the way left out with many other fights but to keep it at an already too long of a story; I have left those details out. PLEASE IF YOU HAVE ANY ADVICE AT THIS TIME FOR ME, I AM ALL EARS, BOUT THE ONLY THING I HAVE LEFT RIGHT NOW, THAT REMIANS MINE. There Palm Springs property, is in my name now, the loan still in J’s name with countrywide passed to me thought a trust to make easier for me to deal with.

Please anything you have I’ll take, desparatly holding on, and now would have to start all over with Bank of America to get them to aliegn with me in Fraud case and 4 days left till sale.

Very humbled, frustrated, and lost in this fight to hold on to what’s left of my life.


Tyler Davis

[Dan Bailey]

Welcome to the forum tyler...that was a hard read...
One of the moderators will be by shortly to help you out here.
It may be best for you to contact an attorney about the fraud.

[faith]

Tyler,
Peace be with you. I am very sorry to hear of what you're going through.
I hope and pray that God will make a miracle on your case and he will touch the heart of all the Corporate Officials of Countrywide Home Loans and the Negotiator that is going to assign to you.



Have you tried NACA and see if they can help you hire a lawyer probono? There's also a list of names that Cat of loansafe.org put in Countrywide Home Loans thread about emailing the Countrywide Home Loans Corporate 0fficials and a pro bono lawyer in NACA. Maybe you should check that out, if I found it I will put it on your thread.

For the meantime, wait for Cat, or Moe and Professor Shays to see what advice they will give you and what to do with your situation.

God bless you.

Faith

[tylerd77]

I must appologize for not proof reading my story above, I spell checked and got caught up with errors they said I had in the story. Then submitted before proof reading is there away to get back in to edit it, you can make it through it but it is difficult at times. Please advise,
Tyler

[faith]

Originally Posted by tylerd77

I must appologize for not proof reading my story above, I spell checked and got caught up with errors they said I had in the story. Then submitted before proof reading is there away to get back in to edit it, you can make it through it but it is difficult at times. Please advise,
Tyler

Tyler, you can only edit your post in a certain time, once you click submit,
it will give you a certain time to edit so you can correct your post. You can also hit quote on the right side below, the post reply is in the left side, so you can quote whatever you want to respond to anyone's thread.

I tried to look for NACA and this is only I can find:

here's NACA's website: NACA
See if you can call them and ask for help like pro bono lawyer.

I hope Moe, Cat and Professor Shays will be able to respond to your thread
first thing tomorrow morning.

You can also checked their threads and posts by clicking on their names,

and hopefully there are some scenario like the ones you have.

Thank you and God bless.

Faith

[Cat Damiano]

Tyler,


Welcome to the forum and thank you for joining.............
unfortunately what you have posted here is beyond the scope of our expertise as we are not attorneys......... and you really need to have your clients consult with an attorney on this matter......

Please do let us know how it turns out...........

[tylerd77]

I recieved this note in a e mail from a friend that has helped me get this far in my fight, so I thought I'd copy here, as it might be helpful knowledge for someone else.

If you are filing a lawsuit against Countrywide, it is irrelevant that Bank of America took over Countrywide, unless, that is, Countrywide has merged into Bank of America in which case, you will now realize why there are Doe Defendants named in your complaint.

Unless you are also threatening the trustee with fraud as the agent of Countrywide and its successor, all of your saber-rattling will be perceived for just that, and Countrywide/Bank of America will try to delay your filing and service until after the foreclosure.

Please also tell (name removed), Countrywide Home Loan/Bank of America, and their respective and collective Trustee of the first and second Deeds of Trust made or assigned by (name removed), (name removed), Countrywide Home Loan, Bank of America, that you have gotten the third and fourth trust deed holders--Kings Canyon Consortium, Inc and the Sol Feiner entity to postpone their sale for seventy-five (75) days today based upon your representation that you could get the first and second trust deed note holders to do likewise. Accordingly, you are requesting that Countrywide does the same also for the purposes of creating and completing a short sale now.

Please also advise them that there will be a wrongful foreclosure sale and related lis pendens filed on the subject property if the foreclosure of either the first or second deeds of trust goes forward.

Good luck.
Mike

[Appraiser]

Hard to tell whats going on.
Looks like Tyler is upset that his client didn't
get a $100,000 cash back at closing
which would have been fraud and his
client would have been upside down from day 1.
If you don't have the resources to buy fix and flip
properties dont attempt it.
Sorry to be blunt but it wasn't the Loan Brokers fault
looks as though everyone working for a commission was out to make
a buck and not looking out for the buyer/borrower.

[faith]

Originally Posted by Appraiser

Hard to tell whats going on.
Looks like Tyler is upset that his client didn't
get a $100,000 cash back at closing
which would have been fraud and his
client would have been upside down from day 1.
If you don't have the resources to buy fix and flip
properties dont attempt it.
Sorry to be blunt but it wasn't the Loan Brokers fault
looks as though everyone working for a commission was out to make
a buck and not looking out for the buyer/borrower.

Appraiser,
Now is not the time to be "blunt". There's a saying that goes like this:

if you have good and positive things to say,say it, it will heal a wounded heart, but if you are not sure and it's hard for you to tell what's going on, keep it to yourself, it will help someone to recover from their misery.

God loves you, God bless you and peace be with you.

Faith: smile

[tylerd77]

Originally Posted by faith

Appraiser,
Now is not the time to be "blunt". There's a saying that goes like this:

if you have good and positive things to say,say it, it will heal a wounded heart, but if you are not sure and it's hard for you to tell what's going on, keep it to yourself, it will help someone to recover from their misery.

God loves you, God bless you and peace be with you.

Faith: smile

HI Appraiser, Yes agree with your statement about don't buy and flip if you don't have the resourses to do so, I was the Realtor on the deal for my client, the loan agent came to us with the loan, not to pull out a 100K at closing, because yes you would be correct that would be fraud. But he said to myself and to my client that because the property was being purchased undervalued at 601K and part of that was a heloc for 121K, that this company Quicken loans I believe he said would raise the Heloc (line of Credit) after the close of escrow, to the true appraised value of 750K and then let my client pull out the equity. But He lied and when Quicken loans stopped doing wholesale loans he did not inform us that the loan had changed nor that he switched to a new company overnight Countrywide, how you can even do that is beyond me, without knowing someone on the inside and then I would imagine it pretty difficult to say the least. Then he called us at the 11th hour on a friday told me to have my client go down and sign the doc's and because of the time constraint she should just whip though and get them all signed and that it was the same loan anyways. mormally I would never tell a client to sign with out reading, but remember My company (name removed), and the farthest thing from my mind was that he was lying or committing fraud in this kind of situation. My commision by the way went in to the property, the loan agents, we'll lets just say it didn't.
tyler

[tylerd77]

Faith your a gem,
But I was ok with this comment, because if others are of the same opionion with how poorly I wrote the story, which again I am sorry for. Then it is best that I clear up if I can, an answer their comments.
But bless you just the same, for looking out for us that are having out taste of misery,

tyler