Judge said "Foreclosure, The Banks have to be Paid" no defense. I am a 71 year old widow with quite a story to tell. In 2006 I had to quickly refinance my home because ASC did not honor their word. I had to bring my Mother home to live with us and her life saving medication stopped being covered by Medicare and ASC agreed to hold payment October of 2005 and November 2005 till Medicare picked it back up. When I called to make my December payment they said sorry we have initiated Foreclosure, you now have to pay over $5,000 to keep your home. We didn't have that kind of money as my Mother was on dialysis and so was my husband. We had to refinance quickly. Option One went Mtg. papers for $100,000 to my home with Wells Fargo as Trustee, how did they know I needed a refi? I called them and told them "NO" I would deal with my broker from the original mortgage. They then sent papers to her. I bought my little 2 bedroom 1 bath cbs home for $54,000 added $20,000 to the mtg. as it needed a lot of work including a kitchen and a water system. It took me months to get it livable. It appraised for $86,000 When the broker refinanced it she had her friend appraise it for $147,000 and send a Notary to my home on a Saturday Sept.1, 2006 for a mtg. of $94,250 $20,000 more than I owed. The attorney that was denied the foreclosure tacked on all her fees plus some, ao we refused the mortgage. The broker was furious. She called me and threatened us and said they will go through with the foreclosure if we don't close, she further stated that she would have the figures corrected, just get the papers signed. The Notary came back out the following Saturday Sept. 7, 2006 and we signed after my husband and Mother had come back from dialysis. My Mother was in bed and I took the papers in to her to sign. The Notary never saw her sign anything. After he left, I began reading over the papers as all he did was sign here, and sign here. He didn't go over anything. The figures had not been changed, but he said the broker was taking care of that. On Monday, the 10th we tried to call but could not reach the broker. My husband and I felt uneasy about the whole thing, so we wrote a letter of cancellation that I got off the web, as there wasn't one included in the paperwork. I faxed one to the attorney, title company, mortgage company, closing agent, and the broker. then I put one also in the mail to each one. I then received a phone call from the mortgage company from a man that said "either you make the payments or we will foreclose" and he hung up. The mortgage wasn't funded until the 14th. four days after we cancelled. The reason the the mortgage was denied foreclosure was it was a MERS and it was not in the correct parties name that was trying to foreclose. That gave us time to refinance, but the attorney said because we fought the foreclosure she began billing her client hourly and we had to pay the fees. What bull! Anyway, with the threat of loosing our home, we paid the payment along with a letter paying under protest as we cancelled this mortgage. We did this with each payment as we asked for a payoff to do a reverse mortgage, and they flatly refused to give us a payoff. In April of 2007 Mother came down with Colon Cancer at age 87. Being that she was half owner, since we had to refinance to bring her home to live with us, We knew her days were numbered and we needed to get the Reverse mortgage done. We had faxed the mortgage company Option One Mortgage permission to talk to our broker to give him a payoff, but to no avail. They would leave him on hold and not come back to the phone. Finally October 26, 2007 Mother passes away and Social Security takes away her Income and we could not make November's payment. We again asked, and asked for that payoff and they a refused. Finally, they filed Foreclosure and then sent us a letter March of 2008 stating that they will now talk to our broker and sent us a payoff, too late. Way too high, as they ate up all the equity. From what I understand California took away their license to do business in California, as well as America Servicing Company. They were also told to sell off their mortgages. I understand that Wilbur Ross purchased them in May of 2008 both Option One Mortgages and all the paper from American Home Mortgage Servicing that is why the name change. Also Option One Mortgage is now known as Sand Canyon Corp. according to the California Attorney General's office. Also The stock Exchange has put sanctions on Option One for not buying back certain mortgages. There is more. My dear husband passed away November 17, 2008. My mortgage was called up by the Judge because it sat in the court inactive and American home mtg. took over the case stating they paid the att. and got a Foreclosure on my home, as the Judge said, "The Bank Has to be Paid" He didn't allow me a defense as he said you should have brought up your defense in the beginning. I did, it is in the file if he just read it. Wells Fargo Filed the Foreclosure, not American Home Mtg. then it laid dormant. When the Judge called it up, American home Mtg. claimed it and took it over saying they filed it. That was a lie. FRAUD all the way from the beginning. I am still in my home and they will have to drag my dead body out of my home. I have contacted OCC, FBI, Treasury dept. both Fl and California Attorney Generals office and so far I guess they are investigating. I don't hear from them, I guess you just have to keep on their door step and keep the wheel squeeking. With a mortgage balance of $94,797.00. The Judge gave them a $126,320.26 judgment for a $86,000 home. Do you think I can get a home modification??????
Reply With Quote
Originally Posted by Jeffrey L. Shurtliff 
Bookmarks