Breaking and entering by lender in florida

[JILLSTACI]

I don't know if this is the correct forum, but since I did offer Wells Fargo a Deed in Lieu back in November 2009 (and since this is my favorite forum and this is my first post) I'll post here.

I bought in July 2007 - first home - Wachovia was my employer at the time and I was solicited at work by Employee Services to choose my employer as my lender. One of the benefits they touted was that they would handle my home insurance paperwork. I put 20% down, so no escrow.

A week before closing I was informed I needed flood insurance. I wanted to back out, but Employee Services told me that "You only need to cover the loan balance so we are protected." Fine, my loan balance would decrease every year.

I paid for more than a year of hazard insurance ($1,300.00 at closing). I figured I would hear from the insurance company when the next premium was due. Wachovia sent me the hazard insurance policy thru company email. I handled the flood on my own, covering only the principal balance.

Left Wachovia and got another job.

14 months after I bought the house, I got a letter from Wachovia's "force placed insurance" goons stating that my hazard insurance had apparently lapsed as of July 2008 and they wanted prood of insurance. News to me.

I called my insurance agent who stated that I had not had hazard insurance since NOVEMBER OF 2007!! They had tried to contact me, but Wachovia had given them the wrong contact information and -- GET THIS -- had provided them with an erroneous mortgagee clause as well as a wrong loan number for my loan, so Wachovia was never notified of the lapse.

I reinstated hazard insurance with another company, but Wachovia discovered that the lapse was actually 10 months instead of 2 and hit me with a "retroactive" 10 month forced place policy for $6,500.00. I was told they would foreclose if I didn't pay it. After 4 months of hell they dropped that demand after I showed up in tears at a Wachovia branch.

A year later I get a letter from the forced place goons letting me know that Wells Fargo (who bought Wachovia) required me to have flood insurance up to "replacement cost" which would increase my premium significantly. I told them to, basically, bite me, and that I would not increase it since my current coverage exceeded the loan balance and was 80% of replacement cost. They said they would force place the difference, and foreclose if I didn't pay it.

Many colorful things were said on both ends, and I sent them a letter with their choices: Deed in Lieu, Short Sale, or Foreclosure. I bought the house for $165,000.00, similar homes were going for $75,000.00, and there was no way I could sell it for my loan balance of $130,000.00.

In February 2010 I discovered that my locks had been changed (a month later they filed for foreclosure - THEY BROKE INTO MY HOME PRIOR TO FORECLOSURE!!!) and I got a lawyer. I got the key to enter my home 4 days later and discovered that American Field Services had strewn my financial documents around the trunk I kept my papers in; they had also thrown some of my possessions in boxes and moved them to the garage, and had turned off my electric at the fuse box and taped it shut.

I am currently in litigation with Wells, Fannie Mae, and American Field Services, and this should be interesting. Wells was fined in March of this year for $155,000.00 for a similar trangression in New York (Steven Tyson vs. Wells Fargo) and THAT involved a home which had been in foreclosure for 1 1/2 years before the breaking and entering authorized by Wells Fargo.

I have moved into my mother's condo (the house has had continuous water issues; it would cost appx. $7,000.00 for a water systems overhaul which I had saved for as of late last year before deciding that I should save it for a lawyer) but have kept up the lawn maintenance, electric, and insurance)

I want to go to the media, but my lawyer is cold on the idea.

[CantPayWontPay]

I don't know if this is the correct forum, but since I did offer Wells Fargo a Deed in Lieu back in November 2009 (and since this is my favorite forum and this is my first post) I'll post here.

I bought in July 2007 - first home - Wachovia was my employer at the time and I was solicited at work by Employee Services to choose my employer as my lender. One of the benefits they touted was that they would handle my home insurance paperwork. I put 20% down, so no escrow.

A week before closing I was informed I needed flood insurance. I wanted to back out, but Employee Services told me that "You only need to cover the loan balance so we are protected." Fine, my loan balance would decrease every year.

I paid for more than a year of hazard insurance ($1,300.00 at closing). I figured I would hear from the insurance company when the next premium was due. Wachovia sent me the hazard insurance policy thru company email. I handled the flood on my own, covering only the principal balance.

Left Wachovia and got another job.

14 months after I bought the house, I got a letter from Wachovia's "force placed insurance" goons stating that my hazard insurance had apparently lapsed as of July 2008 and they wanted prood of insurance. News to me.

I called my insurance agent who stated that I had not had hazard insurance since NOVEMBER OF 2007!! They had tried to contact me, but Wachovia had given them the wrong contact information and -- GET THIS -- had provided them with an erroneous mortgagee clause as well as a wrong loan number for my loan, so Wachovia was never notified of the lapse.

I reinstated hazard insurance with another company, but Wachovia discovered that the lapse was actually 10 months instead of 2 and hit me with a "retroactive" 10 month forced place policy for $6,500.00. I was told they would foreclose if I didn't pay it. After 4 months of hell they dropped that demand after I showed up in tears at a Wachovia branch.

A year later I get a letter from the forced place goons letting me know that Wells Fargo (who bought Wachovia) required me to have flood insurance up to "replacement cost" which would increase my premium significantly. I told them to, basically, bite me, and that I would not increase it since my current coverage exceeded the loan balance and was 80% of replacement cost. They said they would force place the difference, and foreclose if I didn't pay it.

Many colorful things were said on both ends, and I sent them a letter with their choices: Deed in Lieu, Short Sale, or Foreclosure. I bought the house for $165,000.00, similar homes were going for $75,000.00, and there was no way I could sell it for my loan balance of $130,000.00.

In February 2010 I discovered that my locks had been changed (a month later they filed for foreclosure - THEY BROKE INTO MY HOME PRIOR TO FORECLOSURE!!!) and I got a lawyer. I got the key to enter my home 4 days later and discovered that American Field Services had strewn my financial documents around the trunk I kept my papers in; they had also thrown some of my possessions in boxes and moved them to the garage, and had turned off my electric at the fuse box and taped it shut.

I am currently in litigation with Wells, Fannie Mae, and American Field Services, and this should be interesting. Wells was fined in March of this year for $155,000.00 for a similar trangression in New York (Steven Tyson vs. Wells Fargo) and THAT involved a home which had been in foreclosure for 1 1/2 years before the breaking and entering authorized by Wells Fargo.

I have moved into my mother's condo (the house has had continuous water issues; it would cost appx. $7,000.00 for a water systems overhaul which I had saved for as of late last year before deciding that I should save it for a lawyer) but have kept up the lawn maintenance, electric, and insurance)

I want to go to the media, but my lawyer is cold on the idea.

It's criminal behavior. I hope you're holding up through all this.

[goldie]

I don't know if this is the correct forum, but since I did offer Wells Fargo a Deed in Lieu back in November 2009 (and since this is my favorite forum and this is my first post) I'll post here.

I bought in July 2007 - first home - Wachovia was my employer at the time and I was solicited at work by Employee Services to choose my employer as my lender. One of the benefits they touted was that they would handle my home insurance paperwork. I put 20% down, so no escrow.

A week before closing I was informed I needed flood insurance. I wanted to back out, but Employee Services told me that "You only need to cover the loan balance so we are protected." Fine, my loan balance would decrease every year.

I paid for more than a year of hazard insurance ($1,300.00 at closing). I figured I would hear from the insurance company when the next premium was due. Wachovia sent me the hazard insurance policy thru company email. I handled the flood on my own, covering only the principal balance.

Left Wachovia and got another job.

14 months after I bought the house, I got a letter from Wachovia's "force placed insurance" goons stating that my hazard insurance had apparently lapsed as of July 2008 and they wanted prood of insurance. News to me.

I called my insurance agent who stated that I had not had hazard insurance since NOVEMBER OF 2007!! They had tried to contact me, but Wachovia had given them the wrong contact information and -- GET THIS -- had provided them with an erroneous mortgagee clause as well as a wrong loan number for my loan, so Wachovia was never notified of the lapse.

I reinstated hazard insurance with another company, but Wachovia discovered that the lapse was actually 10 months instead of 2 and hit me with a "retroactive" 10 month forced place policy for $6,500.00. I was told they would foreclose if I didn't pay it. After 4 months of hell they dropped that demand after I showed up in tears at a Wachovia branch.

A year later I get a letter from the forced place goons letting me know that Wells Fargo (who bought Wachovia) required me to have flood insurance up to "replacement cost" which would increase my premium significantly. I told them to, basically, bite me, and that I would not increase it since my current coverage exceeded the loan balance and was 80% of replacement cost. They said they would force place the difference, and foreclose if I didn't pay it.

Many colorful things were said on both ends, and I sent them a letter with their choices: Deed in Lieu, Short Sale, or Foreclosure. I bought the house for $165,000.00, similar homes were going for $75,000.00, and there was no way I could sell it for my loan balance of $130,000.00.

In February 2010 I discovered that my locks had been changed (a month later they filed for foreclosure - THEY BROKE INTO MY HOME PRIOR TO FORECLOSURE!!!) and I got a lawyer. I got the key to enter my home 4 days later and discovered that American Field Services had strewn my financial documents around the trunk I kept my papers in; they had also thrown some of my possessions in boxes and moved them to the garage, and had turned off my electric at the fuse box and taped it shut.

I am currently in litigation with Wells, Fannie Mae, and American Field Services, and this should be interesting. Wells was fined in March of this year for $155,000.00 for a similar trangression in New York (Steven Tyson vs. Wells Fargo) and THAT involved a home which had been in foreclosure for 1 1/2 years before the breaking and entering authorized by Wells Fargo.

I have moved into my mother's condo (the house has had continuous water issues; it would cost appx. $7,000.00 for a water systems overhaul which I had saved for as of late last year before deciding that I should save it for a lawyer) but have kept up the lawn maintenance, electric, and insurance)

I want to go to the media, but my lawyer is cold on the idea.

This sounds like a terrible ordeal. Thank you for sharing your story here. Why is your lawyer cold on the idea of going to the media? I hope you have a GOOD attorney. I know Matt Weidner and ICE Legal are in your state - they specialize in foreclosure defense. Matt's blog is pretty interesting too.

[JILLSTACI]

This sounds like a terrible ordeal. Thank you for sharing your story here. Why is your lawyer cold on the idea of going to the media? I hope you have a GOOD attorney. I know Matt Weidner and ICE Legal are in your state - they specialize in foreclosure defense. Matt's blog is pretty interesting too.

My lawyer said it would strike the judge as my trying to manipulate the legal outcome by garnering public sympathy, or some such garbage. I mean, I'm not allowed a jury trial, so I don't see the big deal.

I mean, if I go public, maybe I can upgrade my lawyer to Gloria Allred and get a book deal or Playboy spread or something. Just kidding. I think.

I already had my deposition in which, after I told how I found my tax returns and other financial papers spread on the floor beside my open trunk, the lawyer for American Field Services triumphantly flourished a glossy huge photo of my trunk. With its lid closed. No papers lying around. Basically, the way I had left it before my home was broke into (BTW their lawyer kept shouting "Objection!" when I repeatedly referred to what they called a "home inspection and securing" to a "breaking and entering and vandalizing").

The people (or person) who broke into my home also inexplicably took my box of tampons from under the sink and positioned it prominently and tastefully on my bathroom counter. Why I don't know. When I mentioned that, I fully expected the AFS lawyer to whip out a picture of my bathroom counter sans tampons, but he didn't.

He seemed very depressed and uncomfortble, as opposed to the expensive, Latin-speaking attorney representing both Wells and Fannie, who was bubbling with good cheer and one-liners. I think he is probably insane.

[JILLSTACI]

It's criminal behavior. I hope you're holding up through all this.

I wish now I had filed a police report, but I was very upset at the time and just really wanted to get into my house. They didn't appear to steal anything, but still. I didn't know I could get a key to the changed lock without a lawyer.

My lawyer says this type of thing happens a lot and most people are too embarrassed to broadcast it or fight back. The lender has to provide you with a new key to access the property (I've since changed my locks back) so I don't get the "securing" aspect of the bank's position. They didn't secure my property; my property was already secured and obviously not abandoned or neglected. By turning off my fuse box and placing a flourescent orange sticker on my front door (which just screams "Look at me! I'm an unoccupied house! Feel free to break in!") they were doing the OPPOSITE of securing or protecting it, they were exposing the property to further vandalization and potential damage.

[flippinwacko]

I wish now I had filed a police report, but I was very upset at the time and just really wanted to get into my house. They didn't appear to steal anything, but still. I didn't know I could get a key to the changed lock without a lawyer.

My lawyer says this type of thing happens a lot and most people are too embarrassed to broadcast it or fight back. The lender has to provide you with a new key to access the property (I've since changed my locks back) so I don't get the "securing" aspect of the bank's position. They didn't secure my property; my property was already secured and obviously not abandoned or neglected. By turning off my fuse box and placing a flourescent orange sticker on my front door (which just screams "Look at me! I'm an unoccupied house! Feel free to break in!") they were doing the OPPOSITE of securing or protecting it, they were exposing the property to further vandalization and potential damage.

Jill, tampons are strewn all over tv these days! We all know you gals use them! It is a fact of life! Share your story...here is why! If they did it to you, they will do it to others! There are other public medians that you can advertise your dimise! You will inevitably feel completely vindicated after the very first time you hear that you helped someone in a similiar situation.

Secondly, It completely dumbfounds me after reading so many other threads out there...that there are still naysayer people who think NONE of us should have the right to WALKAWAY from our homes! Your situation is the WORST invasion of your personal rights!

Screw Fannie Mae for even being apart of this! I wish that everyone out there would just SHUT UP about any ethicle and moral responsibilities of staying in a property when this type of criminal activity is currently happening on a daily basis!

I wish you very well and I can tell you that you are 100% stronger and will WIN throughout all of this!

My heart goes out to you!!!!!

[JILLSTACI]

Jill, tampons are strewn all over tv these days! We all know you gals use them! It is a fact of life! Share your story...here is why! If they did it to you, they will do it to others! There are other public medians that you can advertise your dimise! You will inevitably feel completely vindicated after the very first time you hear that you helped someone in a similiar situation.

Secondly, It completely dumbfounds me after reading so many other threads out there...that there are still naysayer people who think NONE of us should have the right to WALKAWAY from our homes! Your situation is the WORST invasion of your personal rights!

Screw Fannie Mae for even being apart of this! I wish that everyone out there would just SHUT UP about any ethicle and moral responsibilities of staying in a property when this type of criminal activity is currently happening on a daily basis!

I wish you very well and I can tell you that you are 100% stronger and will WIN throughout all of this!

My heart goes out to you!!!!!

Thanks, Flip

There is going to be a hearing tomorrow with all the lawyers present regarding my home invasion lawsuit (the foreclosure lawsuit which was filed a month after my home invasion is a separate case, and it looks like the bargain-basement foreclosure mill which is handling that is laying low until my invasion lawsuit is dealt with.) I want it to hurry up and go to court, but my lawyer says the other side will drag it out. The opposing lawyers are arguing that my case doesn't have "merit" because lenders/servicers have language in the loan documents which allow them to enter and inspect property of which they are lienholder, and they can "secure" the property if it is abandoned.

My property has never been abandoned nor neglected, and it is debatable as to what the interlopers actually "inspected". My financial documents, it looks like. And my feminine hygiene products.

Wells Fraudgo used these same arguments in the Tyson case:

Law.com - Bank's Behavior in Foreclosure Leads to Fine

...And look where it got them.

My attorney says, "A Florida judge may not be so partial to a borrower in this state" but that's a chance I'll be glad to take. It doesn't appear that Wells is appealing the $155,000.00 fine (my lawyer says they consider it "peanuts".)

When all this started in November 2009, all I wanted was a deed in lieu. I was willing to eat the $32,000.00 I put down on the house. But Fannie Mae, who is seriously in the red and is using tax payer money to pay executive compensation and operating expenses, is willing to pay money to expensive lawyers to take from me what I am willing to just give them for free.

I don't think it is a deficiency judgement which is driving this, I think this is pure inefficiency. If they try for a judgement I could file for a BK so fast their heads would spin. If Wells thinks 155K is "peanuts", then I think they know they won't be able to pay for too many company perks with the 60K they could try to get from little 'ol me.

Also, I still work in the financial industry (albeit a more reputable one) and we think that the opposing lawyers are banking on the fact that I won't want this case to go so far that my employers consider me an embarrassment. F* that - my manager already know about my court case, and if I lose my job, I think I can work in my other profession (nursing)

[KFish]

Jillstacy..your story is shocking and sad! Don't back down..stand up for what is right! The stories about what these banks do never cease to amaze me. I'll be watching your thread for updates to see what happens.

[flippinwacko]

Thanks, Flip

There is going to be a hearing tomorrow with all the lawyers present regarding my home invasion lawsuit (the foreclosure lawsuit which was filed a month after my home invasion is a separate case, and it looks like the bargain-basement foreclosure mill which is handling that is laying low until my invasion lawsuit is dealt with.) I want it to hurry up and go to court, but my lawyer says the other side will drag it out. The opposing lawyers are arguing that my case doesn't have "merit" because lenders/servicers have language in the loan documents which allow them to enter and inspect property of which they are lienholder, and they can "secure" the property if it is abandoned.

My property has never been abandoned nor neglected, and it is debatable as to what the interlopers actually "inspected". My financial documents, it looks like. And my feminine hygiene products.

Wells Fraudgo used these same arguments in the Tyson case:

Law.com - Bank's Behavior in Foreclosure Leads to Fine

...And look where it got them.

My attorney says, "A Florida judge may not be so partial to a borrower in this state" but that's a chance I'll be glad to take. It doesn't appear that Wells is appealing the $155,000.00 fine (my lawyer says they consider it "peanuts".)

When all this started in November 2009, all I wanted was a deed in lieu. I was willing to eat the $32,000.00 I put down on the house. But Fannie Mae, who is seriously in the red and is using tax payer money to pay executive compensation and operating expenses, is willing to pay money to expensive lawyers to take from me what I am willing to just give them for free.

I don't think it is a deficiency judgement which is driving this, I think this is pure inefficiency. If they try for a judgement I could file for a BK so fast their heads would spin. If Wells thinks 155K is "peanuts", then I think they know they won't be able to pay for too many company perks with the 60K they could try to get from little 'ol me.

Also, I still work in the financial industry (albeit a more reputable one) and we think that the opposing lawyers are banking on the fact that I won't want this case to go so far that my employers consider me an embarrassment. F* that - my manager already know about my court case, and if I lose my job, I think I can work in my other profession (nursing)

Jill,

I need you to go offline with me...Can you do it?
I need some help, please?
variant_13@hotmail.com

Flip

[JILLSTACI]

Jill,

I need you to go offline with me...Can you do it?
I need some help, please?
variant_13@hotmail.com

Flip

Hey there Flip,

I won't have access to non-work email in the foreseeable future - I've already discontinued my home internet and packed up my computer in preparation for a relocation - but I'll see what I can do. Feel free to ask me anything here or in another thread, if it's allowed.

[flippinwacko]

Hey there Flip,

I won't have access to non-work email in the foreseeable future - I've already discontinued my home internet and packed up my computer in preparation for a relocation - but I'll see what I can do. Feel free to ask me anything here or in another thread, if it's allowed.

Just Wanted to verify a name. But, didn't want it to be plastered all over the internet.

[LostVegas]

Aside from their clearly criminal behavior, they are obviously in the wrong, I have a few questions:

I know there was clearly an issue with the flood insurance, as you paid up front at closing and they claim it lapsed for 10 months. You also note that they had issue with your second purchase of insurance, and that you refused to bow down to their demands and even offered a deed in lieu.........but at any time did you NOT pay your mortgage?........ or did you receive "notice of acceleration" or a "default" warning or filing or a "notice of trustee sale"? What does the clause say in the mortgage in regards to the insurance, does it say that they can foreclose on you even if you are paying on time and in full if you don't have proper insurance coverage? Do you have receipts and records of the insurance payment at closing?

This sounds less like a "foreclosure trash out" and more like a something out of the ***** The Firm. So they rifled through personal documents? There could be so much information floating out there. It's too late now obviously, but I would have had the police there and filed a complaint. Paper trails are important. Did you put a fraud alert on your accounts or credit report, change bank accounts and change any personal info that may have gotten out? Is it a criminal or civil suit?

[LostVegas]

It just seems crazy to me, that someone like me, can leave a property and not pay for 18 months and the bank WON'T take it, but you are living there, paying and following rules and they just try to break in and steal it. What if you had been home, had small kids at home? What if you had pets or a child/teenager their alone? My husband and I are so glad we left when we did. Our worry was that something like this would happen, and what might happen to our kids or pets. Or if we were there, God forbid, we might be on trial for shooting a someone who tried this very thing.

The problem is that more and more these banks are changing locks on the WRONG home. Homes that they don't have loans with, that are paid in full and owned by someone else. In Vegas there were several stories of realtors getting the address wrong and the trash-out companies through out every belonging of the owners.

[JILLSTACI]

Aside from their clearly criminal behavior, they are obviously in the wrong, I have a few questions:

I know there was clearly an issue with the flood insurance, as you paid up front at closing and they claim it lapsed for 10 months. You also note that they had issue with your second purchase of insurance, and that you refused to bow down to their demands and even offered a deed in lieu.........but at any time did you NOT pay your mortgage?........ or did you receive "notice of acceleration" or a "default" warning or filing or a "notice of trustee sale"? What does the clause say in the mortgage in regards to the insurance, does it say that they can foreclose on you even if you are paying on time and in full if you don't have proper insurance coverage? Do you have receipts and records of the insurance payment at closing?

This sounds less like a "foreclosure trash out" and more like a something out of the ***** The Firm. So they rifled through personal documents? There could be so much information floating out there. It's too late now obviously, but I would have had the police there and filed a complaint. Paper trails are important. Did you put a fraud alert on your accounts or credit report, change bank accounts and change any personal info that may have gotten out? Is it a criminal or civil suit?

Up untill November 2009 I had always paid my mortgage on time - by the first of the month, even when they were threatening me with foreclosure a year earlier for refusing to pay their "retroactive" $6,500.00 forced placed insurance. I always paid all bills on time. The only blot on my credit is my mortgage - my last payment was October 1st, 2009.

I have my closing paperwork showing my paying for a year's worth of hazard insurance. I had also paid for a 3 month deposit, out of pocket, so it was my understanding that I had paid for 15 months of insurance. Also note that according to Federal guidelines, a lender must give you notice within 45 days that your home insurance has lapsed, so you can reinstate your insurance. Wachovia did not do that, since they had given my insurance company erroneous contact information, and Wachovia was not informed of the lapse until 10 months later. That was their error, not mine, and it was only after I showed up at a local branch, crying and making "a scene" that they agreed to drop the $6,500.00.

The breaking and entering lawsuit I instituted is a civil lawsuit. My lawyer said I can't bring a criminal lawsuit since the goons didn't steal anything. They stole my peace of mind by rifling through my financial documents, but that apparently doesn't count since I haven't had any unexplained dings on my credit report - yet. I now pay freecreditreport.com to check on my credit daily since I am fair game - I mean, all of my personal information including my social security number and account information was looked at by complete strangers, thanks to Wells Fargo.

I'm probably the angriest person on this website and it's really getting to my mental health. American Field Services are still showing up at my house and looking in windows and such - making a big show of mowing the front of my lawn even though I am paying a company to handle that. I want to call the police and charge them with trespassing but my lawyer says not to. I think I may anyway because I am fed up. If Wells Fargo wants to "landscape" the property, they can take it off my hands, which they don't seem to want to f*ing do.

[goldie]

Up untill November 2009 I had always paid my mortgage on time - by the first of the month, even when they were threatening me with foreclosure a year earlier for refusing to pay their "retroactive" $6,500.00 forced placed insurance. I always paid all bills on time. The only blot on my credit is my mortgage - my last payment was October 1st, 2009.

I have my closing paperwork showing my paying for a year's worth of hazard insurance. I had also paid for a 3 month deposit, out of pocket, so it was my understanding that I had paid for 15 months of insurance. Also note that according to Federal guidelines, a lender must give you notice within 45 days that your home insurance has lapsed, so you can reinstate your insurance. Wachovia did not do that, since they had given my insurance company erroneous contact information, and Wachovia was not informed of the lapse until 10 months later. That was their error, not mine, and it was only after I showed up at a local branch, crying and making "a scene" that they agreed to drop the $6,500.00.

The breaking and entering lawsuit I instituted is a civil lawsuit. My lawyer said I can't bring a criminal lawsuit since the goons didn't steal anything. They stole my peace of mind by rifling through my financial documents, but that apparently doesn't count since I haven't had any unexplained dings on my credit report - yet. I now pay freecreditreport.com to check on my credit daily since I am fair game - I mean, all of my personal information including my social security number and account information was looked at by complete strangers, thanks to Wells Fargo.

I'm probably the angriest person on this website and it's really getting to my mental health. American Field Services are still showing up at my house and looking in windows and such - making a big show of mowing the front of my lawn even though I am paying a company to handle that. I want to call the police and charge them with trespassing but my lawyer says not to. I think I may anyway because I am fed up. If Wells Fargo wants to "landscape" the property, they can take it off my hands, which they don't seem to want to f*ing do.

I wonder what your attorney's strategy is in allowing them to get away with this. You are still legally the owner, as the title has not changed hands. I WOULD call the police and complain. Maybe you should think about getting a second opinion from another attorney - seriously.

Also, do you have a video camera? The next time these clowns come over, start recording/filming/DOCUMENTING EVERYTHING they do.

[JILLSTACI]

I wonder what your attorney's strategy is in allowing them to get away with this. You are still legally the owner, as the title has not changed hands. I WOULD call the police and complain. Maybe you should think about getting a second opinion from another attorney - seriously.

Also, do you have a video camera? The next time these clowns come over, start recording/filming/DOCUMENTING EVERYTHING they do.

I don't know what my lawyer's strategy is at this point, but it will be interesting to hear from him after the hearing he is having today with the A*holes representing Wells, Fannie, and AFS.

He has told me that Wells may want to take this to court to set a precedent here in Florida that lenders have an unfettered right to break and enter property they have a lien on. Without contacting the owner beforehand. Seriously.

ME: "You mean, Wells wants to say to a judge 'Your Honor, we have a right to hire strangers to break and enter someone's home and look through their financial documents'?"

MY ATTORNEY: "Yes. They won't put it that way, though."

If it turns out that the opposing side is still acting like a bunch of badasses at the hearing today, I am contacting my local paper and anyone else in the media I can. Maybe it will go nowhere; perhaps my situation is not newsworthy, but I won't know unless I try.

I'm pretty much mentally and emotionally messed up at this point and should probably see a shrink. I fantasize about tying up and B*ch slapping the CEOs of both Fannie and Wells and stealing their lunch money, so I'm in a pretty twisted point in my life. I used to be so nice and normal.

[deb1026]

How much does it cost for an attorney for something like this? Is it real expensive?

[1down1togo]

If it turns out that the opposing side is still acting like a bunch of badasses at the hearing today, I am contacting my local paper and anyone else in the media I can. Maybe it will go nowhere; perhaps my situation is not newsworthy, but I won't know unless I try.

Hi, JS,
I think your story is very newsworthy. I think the media would be all over this. I think having it in the media, with the name of the lender prominently and repeatedly mentioned, would only help you. And do record everything they do.

I can't imagine what your attorney is thinking. Maybe HE just wants to stay out of the limelight.

When I got divorced, my ex never did any of the things he was supposed to do, causing me to pay thousands in unnecessary fees to my attorney to write letters to him over and over. I asked my attorney to ask the judge for $3000 in attorney's fees because of my ex's behavior. My attorney said the judge would never go for that--let's ask for $700. I said, no, he's cost me at least $3000, let's ask for $3000. My attorney reluctantly did it, and the judge granted it without blinking.

If calling the media feels right to you (it feels right to me!), do it! I don't see how it could hurt your case.

The fact that the bank has that photo of your trunk, unopened, shows they are guilty. Why else would the bother taking a picture of your trunk by itself at all?

[goldie]

I don't know what my lawyer's strategy is at this point, but it will be interesting to hear from him after the hearing he is having today with the A*holes representing Wells, Fannie, and AFS.

He has told me that Wells may want to take this to court to set a precedent here in Florida that lenders have an unfettered right to break and enter property they have a lien on. Without contacting the owner beforehand. Seriously.

ME: "You mean, Wells wants to say to a judge 'Your Honor, we have a right to hire strangers to break and enter someone's home and look through their financial documents'?"

MY ATTORNEY: "Yes. They won't put it that way, though."

If it turns out that the opposing side is still acting like a bunch of badasses at the hearing today, I am contacting my local paper and anyone else in the media I can. Maybe it will go nowhere; perhaps my situation is not newsworthy, but I won't know unless I try.

I'm pretty much mentally and emotionally messed up at this point and should probably see a shrink. I fantasize about tying up and B*ch slapping the CEOs of both Fannie and Wells and stealing their lunch money, so I'm in a pretty twisted point in my life. I used to be so nice and normal.

No, they probably won't put it that way, but YOUR attorney should! Is he any good at trial? Or do you know. I'd be just as much of a basket case as you are (probably more so!), and so would any "normal and sane" person. By the way, what is "nice and normal"? Lol. I don't mean to make light of your situation, I'm just trying to give you a cyber pat on the back and a shoulder to cry on.

They may be able to take your house through treachery and trickery with the assistance of a crooked court system, but they CANNOT take your sense of self or your humor (I noticed you have humor when you were talking about the fem hygiene products).

If this does go to trial, MAKE SURE the median finds out EXACTLY what is at stake and all the underhanded tactics that have happened with a third party.

Has your attorney looked over your loan papers to see if you have other causes of action against these crooks? Like assignment issues, credit default swaps/pooling service agreement violations, MERS, TILA, etc.

[JILLSTACI]

I wonder what your attorney's strategy is in allowing them to get away with this. You are still legally the owner, as the title has not changed hands. I WOULD call the police and complain. Maybe you should think about getting a second opinion from another attorney - seriously.

Also, do you have a video camera? The next time these clowns come over, start recording/filming/DOCUMENTING EVERYTHING they do.

The goons show up at my property when I am at work - I have a very sweet retired neighbor who calls me to tell me they are there. They look in windows, and take pictures of each other manning a lawn mower. It would be funny if I was in a laughing mood. I work 25 minutes away, so even if I could race over after my neighbor alerts me, they would be gone by the time I got there. I want to ask my neighbor to write down a license plate number but I don't want to put him on the spot.

My lawyer was recommended by a lawyer I deal with professionally; before my house was broken into I consulted with several attorneys who were not interested in my situation given that I was not filing bankruptcy. There is a dearth of attorneys willing to represent people in my situation.

He has not taken this case on contingency and I have paid him a pretty penny so far.

[JILLSTACI]

How much does it cost for an attorney for something like this? Is it real expensive?

I'ts been really expensive for me so far - by the time I stopped paying my mortgage in November of 2009 I had saved $7,000.00 for a water system. I didn't get the water system, so by the time I got an attorney, I had saved $10,000.00, what with not paying my mortgage and only paying my Mom $400.00 a month to use her unoccupied condo (yes, the water at my house is THAT bad. I was told by my real estate agent that the development was only months away from hooking up to city water, but that turned out to be a pipe dream. But I digress.)

The lawyer got the $10,000.00 as a retainer. Since then, I have borrowed against a credit card (8,000.00) and sold some GE stock I bought in 2001 (6,000.00 - took a loss, of course) so he has cost a whopping $24,000.00 so far. That's a lot of pennies for a simple working girl like me.

I like to think he is not ripping me off since my financial firm does a lot of business with his firm and we have several mutual clients. Also he came highly recommended by another attorney my firm does business with.

[KFish]

I sure hope you recover all of that in the end ( and a whole lot more for your troubles!!!) Ill be keeping my fingers crossed for you...

[deb1026]

Me too sweetie. Keep us updated.

[JILLSTACI]

I sure hope you recover all of that in the end ( and a whole lot more for your troubles!!!) Ill be keeping my fingers crossed for you...

Thanks, KFish! I've read your saga and I hope everything is good on your end.

I just got off the phone with my attorney - some of my claims were shot down by the other side, but we're going forward on the following claims:

1) Breach of Contract
2) Trespassing
3) Invasion of Privacy
4) Intentional Infliction of Emotional Distress

Wells is claiming that they should not be held responsible because they were just doing what Fannie Mae told them to do. American Field Services is claiming that they are not responsible because they were only doing what Wells told them to do.

As an aside, I haven't exactly been a good girl through all of this. When I got off the phone with the force place person who told me that Wells would foreclose if I didn't pay for the excessive flood insurance (this was last October), I was so steamed that I logged onto my Wells Fargo account and changed my email address to WellsFargoEatsBabies@yahee.com, which is childish and stupid but was somehow cathartic.

When I logged in a few days later, the account inbox was filled with messages regarding emails they were trying to send me but were bounced back. The messages were all like An email was sent to WellsFargoEatsBabies@yahee.com. This does not appear to be a valid email address. Please go to your preferences to make changes. Here at Wells Fargo we value you as a customer! Sure you do, Wells. Go eat a baby, you blood****ers.

I was afraid that this transgression would surface during my deposition, but no one called me out on it. It's the one stupid thing I've done in all this, besides defaulting on my mortgage.

[goldie]

Thanks, KFish! I've read your saga and I hope everything is good on your end.

I just got off the phone with my attorney - some of my claims were shot down by the other side, but we're going forward on the following claims:

1) Breach of Contract
2) Trespassing
3) Invasion of Privacy
4) Intentional Infliction of Emotional Distress

Wells is claiming that they should not be held responsible because they were just doing what Fannie Mae told them to do. American Field Services is claiming that they are not responsible because they were only doing what Wells told them to do.

As an aside, I haven't exactly been a good girl through all of this. When I got off the phone with the force place person who told me that Wells would foreclose if I didn't pay for the excessive flood insurance (this was last October), I was so steamed that I logged onto my Wells Fargo account and changed my email address to WellsFargoEatsBabies@yahee.com, which is childish and stupid but was somehow cathartic.

When I logged in a few days later, the account inbox was filled with messages regarding emails they were trying to send me but were bounced back. The messages were all like An email was sent to WellsFargoEatsBabies@yahee.com. This does not appear to be a valid email address. Please go to your preferences to make changes. Here at Wells Fargo we value you as a customer! Sure you do, Wells. Go eat a baby, you blood****ers.

I was afraid that this transgression would surface during my deposition, but no one called me out on it. It's the one stupid thing I've done in all this, besides defaulting on my mortgage.

5) Willful and intentional hiring of third party peeping Toms.
6) Tampering with feminine hygiene products.

(yes, those should be causes of action too!)

P.S. Have you complained to the Office of Controller of Currency, state attorney general, FDIC, Fannie Mae yet?

You will prevail!