Wrongful foreclosure in michigan

**DHubie4** · 08-25-2010, 07:21 PM

LONG STORY SHORT, I WORKED FOR 18 MONTHS TRYING FOR MODIFICATION WITH PNC. The initial run around was "my investor doesn't modify", but then I fell into the forebearance trap for 8 months, hoping new programs would become available. I was consistently denied due to "deficit income", and told I didn't qualify for HAMP even though I did, and still do. After finally finding someone that could calculate my income correctly, my request was finally submitted to the "investor" in March of 2010. I was told the investor would only drop my payment to 50% of my gross monthly income. I was then "approved" for foreclosure and then fell to the Michigan Statute. Again, I was abused even though I had hired an attorney to help. My modification meeting was a joke. I never received the disclosures promised me by PNC's attorneys. When asked by my attorney, he was told I was still under review and the disclosures would be sent to me if and when I was denied. I came home one day to find a notice on my door that my home was being sold in 27 days!. PLEASE anyone who has had a similar experience in Michigan with PNC, let me know. We are also consulting with a class action attorney as we feel PNC's blatant disregard for the law has inflicted hardship and heartache all over this state!

**Evan Bedard** · 08-25-2010, 07:47 PM

Welcome to the forum.

You are not alone on this and we have thousands of members here like yourself who have gotten the run around form their lender as well for up to a year or more. Some of the most common excuses for them to deny a modification is the "investor will not modify" or you didn't supply the needed paperwork to qualify. Forbearance plans are also generally no good because they very rarely ever offer permanent assistance after the period is complete. This happens quite often as servicers are not required to abide by HAMP guidelines.

Is your attorney looking to file a suit or is he trying to stall the foreclosure so you can continue working on the mod?

**DHubie4** · 08-28-2010, 07:47 AM

BOTH, and we filed on 8/26. Our ultimate goal is to get a mod, of course, but we also filed for respa violations, as well as violation of MI foreclosure law. We're also in process of investigating a class action. I've seen several posts regarding BNYM who is my investor. It appears that they will do loan mods, and in one instance told one member they do participate with HAMP. I'd find it hard to believe they don't since they are one of the trustees. I also found out that FREDDIE MAC is the compliance agent for HAMP, and audits the servicers for compliance. I'm contacting Freddie on Monday. Do you know of anyone that has had similar treatment by PNC? What do you know about BNYM??? thanks for responding.

**pthompson** · 08-29-2010, 09:43 AM

I can't help you with specific experience with PNC. But, I am very familiar with foreclosure processes in Michigan. Whatever else you are doing, you need to confirm the date of the sale and do not ignore it under any circumstances. If the gavel falls it becomes very hard to undo the sale. If you have already filed suit against PNC, see if you can get a stay on the sale entered by the judge in that case. If not, you may need to seriously consider a Chapter 13 filing just to stop the foreclosure. The nice thing about Chapter 13 is that you have the option of voluntarily withdrawing it later if you want to. Don't file a Chapter 7 unless you intend to follow through with it though because you cannot dismiss a 7 once you file it.

Perry

**DHubie4** · 08-30-2010, 05:05 PM

THANKS Perry. We have their attention, they've pushed back the sale date, which gives the judge an opportunity to read the complaint prior to our hearing. I won't go the chpt 7 route if or until the foreclosure takes place and i end up with a deficiency balance, (which i will).

**VernSmith** · 03-06-2012, 02:39 PM

DHubie, I am in the same exact situation in Georgia. Absolutely ridiculous lender. It is incredible what these folks have been able to get away with. I would like to join your class action if possible, or can you direct me to anyone in Georgia I can hook up with. Would love to see the law take hold of these characters and shake the criminal out of them. Had a US Circuit Court Bankruptcy Judge actually tell me in court that he was very sorry, but folks like these spend millions of dollars to lobby the US Court System to keep the laws in their favor. I'll help out anyway possible, in the meantime I am still fighting to save my home.

**DHubie4** · 03-06-2012, 02:56 PM

Hi, I'm so sorry to hear about your situation. I know nothing about the laws in Georgia, but it sounds like you are in bankruptcy. I think the banks take a different tactic with a bankruptcy. We are still waiting for a court date even just to plead a motion that PNC filed to dismiss and it's already been 18 months!. We don't have class action status as yet and your lender has to be PNC. If you have HAMP violations while trying to modify your loan it's possible you have the ability to file a lawsuit which may delay the foreclosure but again I don't know your foreclosure laws. I strongly suggest you get on the internet and check for others in your state that are dealing with the same lender to help you find a local attorney that can at least give you options. I will post my status as things occur. I'm sorry, I don't have anything better to help you!

**VernSmith** · 03-06-2012, 03:48 PM

We had to file bk back in 2010, PNC would not consider modifying until we reopened the case, which we have and has just been a complete nightmare. I'm considering another attorney, another $3000. You know, I can rent the exact house as mine for $750/mth. I'm not one to just lay down, but the only solution I can see is class action, but I keep having other attorneys tell me that they don't want to touch it cause PNC is so huge. I don't know what to do. Hate to keep throwing good money after bad.

**TomEason** · 03-07-2012, 01:14 AM

VernSmith

Thanks for posting.

While I empathize with you and your situation, I would likely choose the FC path.

**meleca** · 03-20-2012, 04:55 PM

2008 - refinanced my home with PNC bank
2009 - applied for Temporary Home Modification-approved for 1 year
2010 - applied for HAMP, nightmare starts
Finished trial period in March 2011, calling and asking every month to see if I was approved.
In September I was told that I was approved, and my loan is going to PNC Mortgage. Paid my last payment to PNC Bank in September.
Calling PNC Mortgage to see where to send next payment. Nobody has clue what I am talking about. Trying to find my new loan number. Calling numbers to get my paperwork copies for approved HAMP (received them in January of 2012).
The end of October found out new address to send my check: Miamisburg, Ohio.
Going online to see my mortgage account: there is totally different loan amount, higher even that my original loan was.
Called PNC Mortgage to find out what is going on. Told that my loan is still in process, ant to just ignore online account status.
Calling monthly to check my status online, finally it has changed, but now there is amount due abot 5,000.
Called again,and I was told that I missed two payments, and I was behind. Told them that I paid regularly.
Received registered mail of Notice for intent to foreclose. Freaked out, called and was told that I need to prove that I have made my payments.
Collected all bank statements, and correspondence, put everything chronologically, and mailed it via registered mail.
Received phone call that I still owe them that amount (which by the way is more than my two payments), and that they will continue with reporting me to credit bureau, and foreclosure.
Called again representative who worked on my case (4th one), and discussed i with her, told her that I will consult attorney.
Next day received phone call from another representative who is working on my case (5th one) who told me that they will send my March 2012 payment back, charge me some fees, and that I have to make payment for two months, or they will continue with foreclosure. She also gave me some amount that does not account for two months payments, but more. NOTE: I never received anything in writing detailing my missing payments from PNC Bank nor PNC Mortgage. She also told me that she had sent some paperwork to me.
My March payment has been cashed by PNC Mortgage. I have received paperwork from my old representative to apply for assistance.
Went to check credit report: late 90 days for mortgage.
I am looking for all of you who had this kind of experience with PNC to e-mail me. I do not have money to pay private lawyer to go after them, but if there is enough of us out there we can make a lawsuit against this company.
I have spent 4 years of my life trying to save my home, and after all I have been through they are doing this with our taxpayer money. This is not right, and should be stopped.

**motorcitymadness** · 03-23-2012, 08:27 AM

Dhubie4,
I just replied to another post of yours. How are things going with your case. I believe I just met with the same attorney you are using. Have you had any positive outcomes thus far? Please keep us updated if you have a minute. Hope all is working out and your making progress.

Thanks,
Motor