Did You Sign the "Application" on File, or is it a Fraud?

[WorldSucks]

We were shocked to find that our application was replaced with a fraud, signed by someone claiming to be the agent who took our application in person--NOT-- a "friend" sold it to us. Our handwritten application was replaced with a typed fraud, our income was increase by $4,000/mo., social security numbers and birthdates changed. This means the mortgage company (World Savings) DID NOT underwrite our mortgage, but sent it through.

We would still own our home and everything would be fine, except for this fraud. If this happened to you, it is a felony. The broker should lose their license and possibly do prison time. I am working on my case.

[Evan Bedard]

Hi Worldsucks,


I'm sorry to hear that happened to you. You probably already did this but if not I suggest you talk to a reputable attorney in your state to help give you more advice. Keep us posted with what comes to be of your case..

[dandelion salad]

Hi, a broker from a co called Amerifirst, that I am pretty sure was in collusion with World, as Rebuilding Together was doing work on my house, and the sponsor was World. The holdup on the loan was that I didn't have a heater when appraised. Broker flew up from Sant Ana to lie to me-said his girlfriend worked for world, The sponsor told me she asked them to get me a heater,cause she felt sorry for me-haven't ever run it cause 'cause of the skyrocketing pick a pay, that the sponsor (I still have all their cards, but they don't work there anymore.)How did you get copies of your Apps? Wachovia has been saying they will know what the "rules" are next month for 4 months, but because I've been perm disabled since 1994, tho ill since "87, I'm not eligible for any refi, and they "don't do mods." Since World got eaten up by Wachovia, and Wells didn't pass the stress test-they gave me a "counseling" number, but I'm afraid to call, as I don't have move money. I bought my house in '84-this was a refi-, I was desperatly trying to get out of a WAMU adj loan-frying pan into fire. Had a concussion at the time. Took all my money to fix what Rebuilding Together did- But it's a long story and BT makes you sign a statement that even if you die or the house becomes unliveable, you cant complain. Looking at my credit reports, Wachovia had my loan-well it was swapped around a lot,looks like. Sorry-, so how did you get those World papers, cause all the income records I had were my ssi/att disability payments. Wachovia is doing good cop/bad cop on me when I call. I just want out-this isn't home since I read the papers when the notary came and I found out that min pmt would cost me $1000 mo of equity. I'd LOVE to see those loan docs. The only papers I initialed/signed were the pencilled in estimates the broker showed me.

[WorldSucks]

Pencil, huh? Hmmm. Northern California was full of rip-off artists on these World Savings loans. Call the customer service phone number on your loan statement, and request a copy of the application, Truth in Lending Statement, and original note. Good luck. See if the application is handwritten or type, and who signed the application? Was it the person who's card you have or someone else?

[dandelion salad]

I'm going to have to go through lots of papers-thanks for giving me a starting place-been too terrified-just wanted to run. I've always suspected collusion between broker and World, as World was sponser for work being done by Rebuilding Together, and she said it was a great product for me, and asked RT to give me a heater when that was reason for initial world denial-that was outside brokered. thanks for giving me a starting place, but I was told to walk away by a realtor who looked at papers and a pro-bono atty, and didn't even know what dil was til another realtor wanted to short sale me and said the govt would tax me on the amt given back. Everybody lies. and I seem to have a gap in paperwork here.-I just wanted you to know how grateful I am to be responded to by someone. I'll get back to you. I crashed my old truck, and am fighting the bodyshop that kinda fixed it, except the radiator now leaks and hood wont stay latched. I already deleted one reply that was too confusing, and waaaay too long. thanks. May I respond again when I get it together? Been frozen in fear too long.

[csykes]

Hi Evan -

I would like to ask you what to do if you do have a fraudulent applications and mortgage and hire an attorney and you are still in the same situation 2 years later - no modification. Broker got me a mortgage with Bank of America (BOA). I was so glad because I had been with BOA 15 years. I did a phone mortgage with Broker and never signed an application. They told me to do it at closing. I was refused a HUD-1 and application until closing table which was rescheduled twice. It was 4:00 pm Friday 8/10/07 I went in the all the documents were not there. I was rushed through the closing and afterwards found out from BOA I had 4 loan applications. The application at closing was back-dated to 6/26/07 and the HUD-1 was falsiified. The worst part was I had Fannie Mae documents recorded and I think FAnnie Mae had BOA repurchase the loan back in 8/08 because of fraud. I do not know who owns my loan. BOA started reporting me in bankruptcy and foreclosure to the credit bureaus I assume because of the repurchase. I finally got a lawyer and in Missouri lawyers are way behind the times. It has been almost 2 years and nothing done. I do not want to get another attorney because I will have to start all over.
BOA will not talk with me; they will not modify my mortgage. I am 4 months behind.
They gave me a 48% loan to value loan and I cannot go to Fannie Mae.
My Addendum to Note was faxed by BOA at closing and back-dated to 8/7/07 and the Rider was sent blank which I did not notice because of being rushed.
Then I find out the loan was not funded that day 8/10/07 and BOA redid my loan documents and changed the dates to 8/14/07. I have 3 different Truth-in-Lending statements. BOA equity-stripped me of all the money I had. I found out I only needed to put down 3% and they told me if I wanted the loan I had to put down 20%. BOA has discriminated against me. I am disabled, older single woman and they have gone beyond all bounds of decency. BOA closed their wholesale dept. in Dallas in 2008. What can I do. Please help.

[Evan Bedard]

Hi csykes,


The lawyer you had hired to complete the modification for you, did he/she ever discuss with you possible litigation? If not that is something you should probably discuss with them in your particular situation..

[csykes]

Hi Evan:

Yes the lawyer filed a fraud and negligent lawsuit 8/13/08 in state court. Bank of America then moved it to Federal court where it has been sitting since October 2008. Bank of America filed a cross-claim against Broker. It has been 8 months and no word from the court. Bank of America has not tried to foreclose because I believe they know that this mortgage is invalid and voidable. Also I think BOA if asked in court could not produce the original note. I do not understand why the court will not do anything. I think BOA has asked them to put a hold on it. I am just paranoid when it comes to BOA because no one in the United States will stand up to them. They get 45 trillion dollars and instead of helping homeowners they go to China and buy a bank. And no one does anything about it. I contacted their regulator OCC 2 years ago and OCC will defind BOA no matter what they do. I am so tired and disgusted with the whole situation. My lawyer does not call me or check into it. I have to call the court myself. I would rather get a modification and get this over with but I do not know what will happen. Thanks.

[Evan Bedard]

Hi Cyskes,


Before when you said that BofA won't talk to you, is that because there is someone working on a modification for you?

[csykes]

Hi Evan:

Bank of America has told me I do not qualify for a modification but they would not tell me the reason why. They know I cannot afford the house payment but I think they have from the beginning wanted to foreclose on me. I have called BOA about 75 times in the last 2 years and they have never wanted to help me.

[Evan Bedard]

Hi cyskes,

Have you ever contacted NACA? As long as you only have one property they should be able to assist you. They are a non-profit program who are dedicated in helping homeowners achieve the modification they need.