Heloc

[mp3rmd]

I'm sorry if my questions seem elementary. I'll explain why I ask. I have gone through a fraudulent foreclosure on a HELOC taken out on a previously 100% unencumbered property. The foreclosure was as a result of a HAMP loan modification. The US Dept of the Treasury, HAMP are investigating the bank and loan servicer to see how this could have happened. I have spoken with many attorneys, real estate professionals, brokers, lenders, title companies, and no one has been able to answer these questions for me. I did a search today and this site came up. I have been fighting in court for 18 months in Unlawful Detainer in CA, in the Appellate Division, the State Court of Appeals, all the way to the CA Supreme Court. I am soon moving on to the US Supreme Court on this and several other issues including jurisdiction.

I do know that the HELOC was wrongly classified as a Re-Fi. Then, when the property sold, there was no payment to me of the difference between fair market value and the Trustee's Sale price. Bankruptcy court didn't understand this, until I called the Bank's VP and told them what was happening. The VP called the attorneys, who re-filed their 362 motion, and what resulted was a precedent setting ruling in CA regarding "real party in interest". I was hoping for a bit of clarification as to the kinds of violations that may have occurred to have allowed this to slip past the bank, the loan servicer, their attorneys, and now the court system. I know this is a rare occurrence, but it has nonetheless happened.

I would not need to ask these questions here if only people who are supposed to know in my state whom I have asked for the past 18 months would know the answers and would tell me. I hope someone here can shed some light on how all this could occur and no one caught it besides me.

Thank you.

mp3rmd

Welcome to Loansafe and thanks for your post.

I recommend you consult with a professional in your state for answers to these rather elementary questions. Each of the 50 states has its own mortgage and FC statutes.

[TomEason]

mp3rmd

Thanks for your update.

Unfortunately, you seem to assume that Loansafe members are more knowledgeable than the CA courts and your attorney. Even if a member were qualified to answer, which would be impossible without knowing the background and details of the litigation, it wouldn't matter a wit what we think. Even though a court decisions often seem unjust, in the final analysis, a CA judge's opinion is all that matters.

Good luck to you.

[sdeniseed]

Hi Maurice,

Hi all,

I received a modification 2 and 1/2 years ago. The payments are affordable and I've been on time every month. I have about $400,00 equity in my apartment (Manhattan) and would like to rent it out and buy a larger, cheaper apartment in an area that's up and coming. I can clear $1500.00 per month on my current unit which would pay for the new unit. I tried to get a HELOC and was denied because of delinquencies. The only delinquency I've had in over 20 years was my current mortgage. I was behind for 4 months before receiving the modification. Any advice on how to proceed?