Well I better update this thread. Popular did not unload my loan. In fact they filed foreclosure on me on the 29th of February, coincidentally, my birthday.
I was finally served on the 29, March. I expected it would be some really mean looking guy with lots of thick gold chains. Nah, it was a nice older guy. He told me he had experienced not a foreclosure, but had lost all he had in a successful business. He reminded me it's just stuff. It's so hard to see it as "stuff". We think of our homes as our nest, our safety and security from the outside. A very special place, with an old tire swing, the old swing set the kids have really grown out of, the trampoline, the path around the tree to the fence where my dog
tried viciously scare the c**p out of my next door neighbor dog. Actually when over there feeding him while his dad, my friend and neighbor was in the hospital, I got to see her from the other side, she did scare the c**p out of me. Sadly, my neighbor died.
Our neighborhood is one of dear friends. The elderly woman next door, my children consider her as an aunt, she will be 93 this year. She is like a grandmother and dear dear friend to me. She has been here at least 60 years. She knows all the history of all the homes and there occupants. She has told me the stories of the woman who built the house we live in, 85 years ago. So many of the people we have met in our neighborhood and through our neighbor, helped to form this town, they or their family. This is a town of homes built mostly in the 1700s and 1800s. A town rich in history. We live pretty close to one another, the way they used to build homes here. Long deep yards, private with 70 ft high spruce trees, so beautiful. The beautiful pool we put in when my son was a baby. The kids have enjoyed the pool so much.
Not wanting to leave, I have spent more than one year trying to find an answer to all of this. My attorney was ready to pass me on. Unfortunately I am behind in my monthly paid invoice. I was ready to handle the foreclosure answer on my own and try to find a consumer advocate attorney. I had asked him how I go about seeing the original note. He said he's sure they have it. They would not have filed foreclosure otherwise
hmm, yeah, right.
He has let me know I am 2 months, no less, away from losing my right to depose the broker. Well, that presents a problem, I can't go on with out more money.
The attorney has no experience with the consumer as plaintiff side of the table. He has been telling me there is no real award in court with out spending $100,000. in experts. We differ a great deal in opinion. This case seems (to me) like a regret to him. I am the poster child for predatory lending. Yes, my husband and I were ignorant with regard to these financial matters. We were fed a bunch of lies. Just on the verge of feeling it was time to change my husband's business, move our location, expand, this broker became our "financial expert, tax man, business manager", handling all our books, making all kinds of promises for a rosy future where he had business partner who was interested in this type of business. It would have been great. More exposure for my husband.
My husband is very talented and brilliant in the area of nutrition, supplemental and healing. He is a well of information and has helped so many people live happy healthy lives, and he has helped some get through cancer and other illnesses with the appropriate natural support. Now, he is struggling to survive. It was time to move. Now he is unable, his business has suffered for it.
I decided two days ago, in deep frustration over my attorney not doing anything, wanting me to move on to a contigencey attorney, or pay in full, and fearing I was pretty certain I would not come up with the balance in a few days time. I have erred so on the side of caution. But afraid I would have such difficulty with such short notice to handle the answer to the court myself, out of sheer frustration, I picked up the phone and called the mortgage company. I spoke with a customer service person. She said my account said foreclosure. I asked her how that could be since the loan was rescinded, she said she'd look. It turns out my account says, hold, do not foreclose. She said this would not have gone to an outside attorney, it must be a computer error. I don't really believe that, there was a person at the company listed to contact. I did and he did not return my calls. The next da I called back having not heard back from the compliance dept. I spoke to the supervisor and she told me she knew exactly where my house was. She said she remembered my name from the year before. When they first got my file in her department. She said she would look into it, the staff is overwhelmed with many different hats. The company went from 3,000 to 250 in the recent months. There are just not enough hours in the day to handle the heavy work load, with this market change. Yeah, market change. They just dumped millions in subprime loans to another big mortgage super giant. They just are having a hard time keeping up with all the houses they will foreclose on. Awh. No reflection on this woman personally. Just the company.
Well, low and behold the next day, early afternoon, the attorney wrote me, all excited the were going to withdraw the foreclosure claim. If I had not made that call I would have spent so much more time and money. This will come again though. I have given myself some extra months to search and try though. This is good. The mortgage company wants to give me a loan mod. the problem is, with all the changes in my life, marital status, business status, and time spent helping my children handle this with out it getting the best of them.Our lives are in a complete shambles. I still won't be able to handle the mod.
I have done more than my usual reading. I have been really honing in on the Homeowner Security Act, and the letter I read dated 3/2003 from the OCC
http://www.occ.treas.gov/ftp/advisory/2003-3.pdf
This is such a frustrating position. My attorney says I can only recover actual damages, but my real damages are a bit harder to pinpoint. My husband's business. So, so much more. Probably including decreased value of home, waiting to pursue previous claim against our contractor. Certainly our sanity.
Credit status no doubt. on and on...
I guess the short term moral of this part of my saga, is don't be afraid to contact the mortgage company and make your demands, in a nice way I guess. I am sometimes afraid to call because I am concerned I will make things worse. Well, no, I handled it really well. However they never did respond to my request to see Original Note, or the lender broker agreement. They have a different name for that in their file. What a surprise.
Oh, I also found a case file on the Title Insurance Company who also has a fishy oder, where they were required to pay millions in restitution and penalties for improper settlement procedures. With demands to retrain all their employees. This is my issue with them, closing procedures. They were strongly warned to pay up, and I guess, never do this again...
Anyone have any stories to share on monies awarded the consumer in a case where it is, difficult to place a number on damages? Maybe injunctive and declaratory relief.
I just want to keep our home, to look out my window, right at the tree house my husband built for the kids. Out the kitchen window to see my neighbor feeding the birds and tending to her flowers. To see my kids happy.
The mortgage company has a responsibility to remain trustworthy and protect the consumer, they are in a fiduciary position here. They are responsible to the borrower to be sure of their underwriters and post closing employees, for the Brokers they allow to broker their mortgages, and the Title Insurance companies. Lender Liability! We should not have to lose our homes!!!
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What to do? Popular UNLOADED My PREDATORY LOAN! 
No One Has Really Responded With Any Help Accept To Say You Will Have To Approach This Civilly. But I Can't Right Now Without The Money. I Have Reported It Everywhere From Ftc To Fbi, With The Exception Of Local Police. I Will Try Them Now.
You know, I really could use a translator. 
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