Blasted Saxon & Their Destruction

[puter99]

My story...or long drawn out drama novel! We moved into this home in 2001 w/ intent to purchase as the owner planned to sell down the road. We purchased in July 2006, our 1st pymt due Sept '06 & our loan sold within a month after our 1st payment....to Saxon Mortgage. I've been reading everyone's stories online abt Saxon for 1 1/2 yrs & is almost like I really don't have to write anything as the stories are told time & time again by so many others. The trouble started last spring in which I'd always made pymts thru my bank acct thru western union. A month passes & click submit...western union site comes up w/ need to give a diff. payment method as I couldnt any longer use that acct. So I transfer money from one acct to another & pymt is made thru western union. Next pymt due...it happens again, cannot use this acct must pay a different way. Well by gosh I only had 2 bank accounts & there were thousands of $$'s in each acct! I call Saxon...moron tells me use credit card. I get off phone, get my card, one of which was attached to one of my bank accts so I call Saxon back to make pymt. Next moron tells me "we dont accept credit cards!" So I immediately transfer the friggin $ to my husband's checking acct. I call Saxon & make pymt. Next month I go thru western union online again as I'd done all the times before & the pymt would not go thru...something abt I wasnt paying the full amt due & wouldnt accept partials. Called another moron at Saxon...tells me "oh you have a late fee"...I ask why & they said something abt such/such & I tell him oh b/c you kept changing the way that I could pay. By now I was in rounds w/ Saxon. One I spoke w/ told me go straight to a Western Union & pay such/such amt. I ran to Atm & pulled out numerous transactions of enough to pay pymt, run inside grocery store, fill out form, pay the guy & he enters pymt thru Western Union. Guy said it came up w/ a phone # to call Saxon. There I was up front in the grocery store literally going off. Female on ph is asking me questions abt my SSN, DOB, etc in which I told her I wasnt screaming out this info in public & would go home to call. Called from home & she said pymt wouldnt go thru b/c it was a partial. Told her they just sent me there & now saying no! Slammed phone down on her. W/in 1 hr Saxon is on ph calling me...another moron asking where my pymt was. HA Yup, had the nerve to ask me that. How can I pay them if they won't take them!!! They slapped on more fees & refused payments. 1 month behind & I call Saxon...tell me can't help b/c I wasnt 3 mo behind. Said trying to NOT get 3 mo behind but ya won't even take 1 friggin pymt! Told me Sorry! For another month this goes on...I call them trying to pay, they turn around & call me with "where's your payment!" I call loss mitigation AGAIN, tell me can't help you but "I'll send mod papers even though they wont do you any good!" I get 2 letters in one day that state 'pre foreclosure'...I call them. Loss mitigation tells me "oh you're only 2 mo behind so you shouldnt have gotten those, must've been a mistake!" 3 mo. go by...get letter of foreclosure, start getting crap slapped on my door from deputy for same. Get letter w/ sale date. I thought like hell so I call atty & run right down the next day to file Chapt. 13 which I've never wanted to file bankruptcy but what else was I to do...HAD to save my home. By now I'd drained my savings & cashed out a CD. I put $15,000 of savings, $8,000 CD & tons of income into this house. They had to get thru me first & would have to physically remove me from this house! That's one thing I dont allow & that is someone screwing w/ my hard-earned money. The money I had in my CD was part of inheritance from my father who'd recently passed away so keeping the house & money I drained into it has become somewhat personal. The only thing good abt the Chapter 13 was that we got to keep the house, my new vehicle I'd purchased in Jan. '06 all in cash b/c I didnt want to waste money on interest, and my husband got to keep his vehicle and our atty even got my husband's finance co to settle for $300/mo pymt instead of $387. Bankruptcy nightmare...just the thought makes me sick, not to mention embarrassed. Just after Saxon's atty filed sale date I had crap stuffed in my mail & paper boxes, letters coming in the mail..."oh lemme help you save your house!" My thought was dont mess w/ me & I dont care if it's public info it's NONE of your business. I DARED anyone to knock on my door. Did get one knock on a Sunday morning from someone we know. Was the prior owner of this house. Knew immediately he'd read the local paper but he said nothing & just asked if we still had the old fridge. Told him heck no, bought new couple yrs ago! If i did have old fridge I'd NOT have let him have it muchless BUY it from me! Matter of principle, gotta keep some kind of self pride. We bought the house at a steal of a price anyways...$110,000....worth $126 tax assessment but would sell for alot more. Figured sell it in 3 yrs & make a nice profit after my son graduates. I hate this area of VA anyways so seemed a perfect opportunity to buy & make a nice chunk of money then. Thru Chpt 13 we pay $740/mo which is due on the 30th of the mo. which includes hubby's car pymt, house pymt arrearage & the tons of fees they slapped on plus our other bills they made us include. Court made us include EVERYTHING so now my credit has gone to crap not to mention had to let CC's go & everything else. Worked very hard to get where I was & for nothing now. We make a house payment itself directly to the mortg. co. which atty said to pay that on the 15th of the month instead of 1st like it used to be. 2 wks ago I'm at work & get a call from atty's paralegal...says "what's your company's address so can put in for trustee pymt to come out of your check!?" I said EXCUSE ME??? Oh here we go...someone is going to screw w/ my money. Now I'm trying to come up w/ how I can put my husband's car loan in MY name since I will be the one paying for it. I learned a long time ago if a woman pays for something it best be in her name! Hubby was making trustee pymts which included his car & I paid the regular mo. house pymt. This will start coming out of my check on Fri. I get a quarterly bonus & bet anything my co will take out the entire $740 out of this check b/c of regular pay & bonus instead of splitting the amt in the paychecks each mo. I'll be infuriated! I come home Fri. which I rarely have an entire weekend off. I get on Fri evening to check my email....atty's paralegal sent me email w/ a Motion of Relief from Saxon's atty. She ended email w/ "if you have any questions feel free to give us a call." WHAT? My atty working for Saxon or for me!? That sent me into a rage when I read it. Says I havent paid. Well I rip out my money order receipts & call and yes....they were cashed. It'll cost me $12 each (3 money orders per mo. pymt) so total of $36 to prove that the payments were made! I sent atty nasty email & told him fix this b/c if not fixed I'll hire another atty & file Chpt 7 & none of you will get one friggin dime out of me! Wrote back telling me he heard me loud & clear. HA I then called HOPE NOW fri. nite...2 ladies were incredibly helpful & stated "we have to get you some help now!" Told them everything including that I was in bankruptcy. Took all my income & bill info, etc said for me to call Saxon on Tues. & if nothing to call her back on Fri. & she would call them & make it a conference call. I know how saxon is so I called them today on Wed. being polite to give them an extra day. Tell me they have NO paperwork from HOPE NOW, that they cannot speak to me muchless do a loan modification b/c I'm in bankruptcy & have to get the Trustee's approval. It's my dang house...feel like I'm a teenager having to ask for approval. THis is ridiculous. I just want to go to work & come home and live in peace w/out Saxon lurking in the shadows....impossible. I was supp. to refi this year but Saxon screwed up my credit w/ their garbage last fall to where I couldnt. Now in bankruptcy there's no chance of refinancing w/ someone decent. This has all destroyed my credit. Saxon today also transferred me to bankruptcy specialist who told me abt how they couldnt do anything for me right now w/out trustee approval. The idea is sounding better of just throwing in the towel & changing to Chapter 7. I CANNOT deal w/ Saxon any more. I will still have to pay the atty costs & fees plus the cost of the Motion of Relief where saxon says didnt get paid but i have proof that they did. My original amt of loan was $118,000 at closing. Upon filing bankruptcy Saxon raised it to 126,000 & as of Fri. they have it at over $133,000. Just checked & my tax assessment was at 131,000 for january. Houses in this area b/c of the high & mighty that live around here & a good place to live w/ great schools...they sell w/in a week or less. I pulled out all of my loan papers today. Many questionable things there. Before closing the broker told us be at closing...call & cancel. This happened numerous times. Then was supp. to close & we went to settlement office & they said "we dont have papers". TOld them we're NOT taking off work AGAIN so GET the papers! The papers start flying thru the fax machine as fast as they could spit them out....we kept hearing for an hour of getting there that closer had to be out by 5:30 pm in order to get to babysitter. At 5:05pm we're just sitting down to the legal size papers of 3 stacks that were over an inch thick. They're flipping thru papers & we signed as fast as we could. Our broker would say "disclosure sign here & here"...."application sign here & here"....and all the others. Kept hearing closer & broker saying how closer had to go get her child. Did all this in 1/2 hr. Had NO idea what we'd signed at the time. We never picked closer, atty, appraiser, anyone involved....only chose broker. When appraiser was to come out before purchase the broker told us "oh she's good & would think she'd do us well." Didnt know what he meant by that but she appraised house at $140,000...my only thought was hot dog...paid only $110K & valued at $140. Mistake I think. After looking at everything today and reading so much abt mortgage fraud. Makes me wonder what did I get myself into?! I've pulled my papers, gone to the county's assessment which is at 131K. Something isnt right. Dug deeper. I was up for promotion at my old job in '06 that I didnt get...i have a legal background & turned in some fraud in co. for 5 people around the same time....doesnt take a genius to figure that one out. The amounts on the application that the broker typed up was NOT our income! Did he inflate the amt w/ what my raise w/ promo would've been? We turned in all paystubs, W-2s & tax returns (2 or 3 of them) and the amts he has was NOT our income by any means. He also has in our loan papers that this was a refinance. How was that b/c we didnt own the house! We were buying the house flat out from the owner. The owner received exactly $110,000. His name is mentioned on some paper & his signature on a couple others. He lists our income, lists assets....he included one of our assets w/ the amount of the house! The house wasnt ours...we were renting it! On the Assets & Liabilities section of appl. it has name & addr of co the broker typed in 'Private Mortgage', that our mo pymts were $700/mo and that $110,000 unpaid balance & real estate owned $140,000. (yes this matches the amt that his 'appraiser' appraised house for!) This is all so screwed up I dont know how I'm keeping my head above water. I need out of this. I actually started looking for a house to move to on Sat. Found a couple others today. I need some peace in my life & this has all become too much. I cant have Saxon slapping on another $6-7,000 every couple of months for the next 28 yrs & I cannot deal w/ them that long. They now have me so buried in debt that I'm literally starting to think that the only way out is chpt 7. I'd never forgive myself for taking that route but feel I dont have any other option. I'd forgotten but I do remember my broker having me take something to the prior owner of the house to fill out & sign. I CANNOT remember what it was but was multi-page. How could I get my hands on it? Or should I go visit the prior owner. Thing is...why bother. I cannot afford another atty & have already paid this idiot $2,000. I cant pay someone to review my loan papers & dig around. How could I have been soooooooooo stupid....when I bought this home I was in the legal field & was a member of the Fraud ASsoc. for cripes sake. I know I'm a workaholic & would rather be at work than anywhere else in life but I had my blinders on I think....or focused on fraud at work & not around my shadows. Chpt 13 has left me w/ no money to spare....well, $16/mo so they say but yet raised my trustee pymt from originally $700 to $740/mo. Should i give up? I've been reading the forums here for a couple of months and I wish all of you the best. I can say that I do know how you feel.

[schwefls]

Welcom Puter99:

I am so sorry for your troubles, I feel your frustration. I wanted to stop in say hello and let you know your are not alone. Shortly, someone will be reaching out to you with some suggestions. In the meantime please hang in there.

[Moe Bedard]

Puter99,

Welcome to the forum and thank you for joining............

I did finally get through your whole story............and you did post that you realize that you can't receive any modification while you are in the BK.......
and that Saxon has told you this because they would need the Trustee's permission.........this is correct.

You will have to consult with the attorney on what would be the next best step for you to take given that this situation is very complicated and outside the scope of this forum.......

I hope it all works out for you.........

[puter99]

Thank you Schwefls for the kind welcome. As I stated earlier I have read thru the forum on here numerous times not to mention all of the other horror stories I've read online. I did a search last year about Saxon and was floored w/ what I'd read. So many people's stories and it was almost like all of theirs tied into mine. I think that's what we all want is just a bit of peace. It's one thing to go to work, come home & pay bills...but us homeowners in this situation...we can't just go to work, come home & fix dinner and relax, enjoy being in our homes that we've worked so hard for. We all seem to come home to a nightmare & plan our next course of action to save our safe haven we call 'home.' I get infuriated when I hear of all this lil things the politicians & Bush seem to come up w/ to try and help everyone. None of the things they or groups can help me as I had to file bankruptcy when I did just to keep steer clear of the foreclosure sale, had to prevent that & this was my only option. Someone told me who deals w/ folks in homeowner nightmare to try FHA....they can't help b/c Saxon has destroyed my credit by their doings and by having to toss in all my bills that helped to build & keep my credit strong. I know there are so many people in my situation & wished I could help them but can't. I can't even fix my own mess. I just constantly pray that nothing around here breaks or gets destroyed from weather or something as I'm left in a situation as to where I wouldnt be able to fix it! This is a ridiculous way to live. I'm a penny pincher generic queen as it is but this scrapping for pennies...I just wont stand for it any more. I despise renting but at least then if something broke I dont have to fix it but hate paying for someone else to own the home...but it would be so awesome to be able to relax for a change. A real est. agent mentioned a short sale to me....I won't do it b/c I dont trust Saxon enough...they'd find some huge fee down the road they'd forgotten about & hunt me down. I'm to the point of seeing Chpt 7 & hate the thought but I'm tired of the fight and it seems the easy way out. I took multiple pages of notes after going thru all my papers from closing. Just by looking at my notes it seems that the broker got me good. I've always been one to live & learn and boy have I learned from this. Things in life open your eyes & make you tough. Trust noone.

[Moe Bedard]

Puter99,

What state are you located in...........

[puter99]

Hi ***....another Kat here! I'm in VA....are you looking to buy? HA

[Moe Bedard]

Kat,

That is a good one.............I love Colorado too much to ever leave.......
I was hoping you would have said Cali as they seem to have all the help when it comes to deficiency judgements on purchase money loans......
which I know was a concern of yours when contemplating a Short Sale......
You probably are already aware of the Viriginia Foreclosure Law.......since I did catch that you have some background in the legal field.....
Virginia Foreclosure Law

with the Debt Forgiveness Act you wouldn't be taxed on the difference as long as it is a purchase mone loan, and falls into the criteria necessary, but you may want to check with your attorney that if you do a Short Sale and get a deficiency judgement then file the Chapter 7 if you would have to......

I am not an attorney, but if you were thinking of changing to the Chapter 7 you might want to wait and see and ask the attorney what would be the best course of action for you to take.........the outcome on a judgment will probably be the same for a foreclosure but it might be less for a Short Sale as your Real Estate Agent would be able to negotiate with the lender on whatever balance would be left.

[puter99]

Yes, I couldn't resist...have to keep some sense of humor to stay sane. Colorado sounds nice. I do have a background in the legal field...but criminal justice. I pretty much despise civil law but criminal law I adore. Always tried to steer clear of civil law & then when we purchased this house I realized why. Criminal law is short, sweet & to the point. Civil law...uuugghhh. Civil...that's what I pay my idiot atty for...to think for me! Criminal codes I sit & read all the time...civil...I slam the book shut!

I'm surprised that HOPE NOW didn't tell me that Saxon couldn't do a modification w/out the Trustee's approval. When I asked the lady at Saxon today if this would be worth my hassle & (not that I'd trust them but just HAD to see what she would say!) what guarantee that I would have she stated something abt a payment schedule (which I already am familiar w/ their payment plans & why so many are foreclosed on b/c they can't pay $1800-2000 a month!) or a fixed rate for 2 years. A fixed rate would do me good as long as the int. rate was low to make a difference. Last Fall every time we'd call...from one day to the next they'd give us a different price. One day it would be $1500 the next it would be 2300.

[Moe Bedard]

Unfortunately if you do try for the modification you would have to lift the automatic stay.......

This is a decision that only you can make if the 2 yr rate modification would help.....otherwise you may want to try the Short Sale with the agent.......
and Saxon might be able to refer an agent whom they work with that is in your area.......which also might help the process.......


Saxon Loss Mitigation:
1-800-665-7367

[puter99]

One thing that was really amusing was when they had all the foreclosure things ready last yr & the date of sale was posted, all info sent to the newspaper, etc... and we received a letter from the atty stating that they had to contact the courthouse as they couldnt locate the deed to the house! I had to laugh when I received that letter as how can someone sell a house w/ no deed!? My atty had to laugh abt it as well. Wouldnt that be like someone trying to sell a car w/ no title in the ghetto.

OOoooo take on an agent that Saxon would recommend? Sends shivers up my spine! What I've been reading the last few days abt mods and even by what HOPE NOW told me was to be patient b/c mortg. co's & banks are slammed with requests. If the automatic stay is lifted whether at my request to trustee for permission to mod or by Saxon's atty being granted the Motion of Relief that lifts the stay & maybe no time for a mod.

I'm soooooooo amazed at this site. I am clicking links on here and love the one abt Predatory Servicing. I can relate. When gathering all my paperwork (2 drawers full!) for my atty last Fall I went on a tangent to the atty & demanded he find out each & every fee Saxon was claiming. The more I'm learning I think I prob. should've run out of my atty's office! He told me to let's just deal w/ the automatic stay to save the house & file Chp 13, worry abt fees & my other concerns later. Then proceeds to tell me that if I fight the rest later it'll cost me $175/hr with him to fight. Then when we signed our final BK papers I demanded again WHY these certain fees were in my trustee pymt b/c I'm not paying them til I'm told what they are for. Told me well if ya fight this fee at this amt & that fee at that amt it totals such/such & dont forget I charge $175/hr so might as well just pay the fees b/c it's cheaper than paying me to fight! Sometimes I wonder if this blonde isn't actually real! Where was my head.....buried under the Saxon Bldg when they removed it for payment for a 'drive by'....HA I demanded my atty give me proof of name & # of the driver!

[Moe Bedard]

I know, I know.....you have to use a reverse psychology approach when dealing with these lenders........if you use someone that they don't normally work with they become even more difficult to work with then they normally are.....but if Saxon refers you to an agent this is someone that they are used to working with then the process of a Short Sale will go much more smoothly and Saxon will be much more incline to negotiate with you on the shortage amount.....

[puter99]

FINALLY get a call from my atty's paralegal today. They'd been putting together a plan. I ADORE how they worded everything...now if it'll just work. Fingers are crossed! Paralegal told me she would send me a fax at work & to read over it and fill in the blank for a fixed interest rate. She told me to call around & find out what the going rates are, to be fair & don't go too low to where they won't accept the figure. Checked around & found 5.25 & 5.75, so I decided on 6.25. I think when I put my foot down w/ my atty a couple days ago I got thru to him that I would tolerate no more & would pack my stuff & leave this house! #3 speaks for other Saxon mortg. holders so YEAH!!!!
The reponse they filed today included this amt plus things that really puts down Saxon something fierce:
1. That we would provide proof of payments at the hearing.

2. That they failed to recognize these payments endemic of its past relationship w/ us where it's either failed to recognize or refused to accept past pymts from us while assigning unconscionable penalties, fees & costs to us arising out of Saxon's malevolent & predatory lending practices, or at best, arising from its horribly flawed record system.

3. Similar such actions by Saxon in the past are in part what necessitated the need to file Chapter 13 protection. That we have reasonable belief based on its own past experience & similar problems experienced by other borrowers which have been widely and publicly reported, to believe that this will continue to be a problem w/ Saxon. HAHAHAAAAAAAA

5-6 just other stuff

7. Allowing Saxon relief from the automatic stay isnt only unjustified & inappropriate under the bankruptcy code, to do so would ironically lead to further loss by Saxon when considering the borrowers are current under the plan even has thus far accepted exorbitant interest, fees, and penalties versus the proposition of owning an overleveraged property as it most certainly would after foreclosure.

8. Paying the Deed of Trust note thru Chapter 13 trustee is the only way under the circumstances, to objectively protect them from future such claims by the lender, but to do so would assign a considerably greater financial burden for them in order to protect it from Saxon's detrimental business practices.

9. (Hilarious!) Wherefore, the debtors move this Court to permit the debtors to amend their Ch. 13 plan to make pymts on the Deed of Trust note directly to the trustee, but ORDER THAT ALL COSTS INCURRED IN DOING SO BE PAID DIRECTLY BY SAXON (trustee fees, etc); and further that the debtors' costs & attorneys fees incurred in defending this matter BE PAID BY SAXON in the amount of $500, or in an amount greater if otherwise itemized by debtors' counsel at hearing before the court, and further, that the Promissory Note be amended to provide for a fixed interest rate of 6.25% for 2 yrs from the date of such Order by the Court; and further that currently as well as at the time of discharge or refinance by the debtors, whichever shall first occur, Saxon shall provide full accounting of the indebtedness to the Court so as to ensure that it is and continues to be in compliance w/ the terms the Order of this Court.

OUCH! Hey I didnt ask to just abt sue them for atty costs & fees but I won't complain. It abt sounds like a suit. I'm thinking that 'maybe' Saxon might would go for the 6.25 fixed rate for 2 yrs but I dont see them agreeing they pay their atty & the trustee to make sure my pymts arent messed w/ any more & all the other goodies. I do love how they included it being public abt other Saxon mortgage holders. Finally great to see an atty fighting for us anti-Saxon folks! Wishing for the best for June 5. Would be so awesome, would feel like a kid at Christmas!

[Moe Bedard]

Puter,


I hope this all works out for you

I am keeping my fingers crossed....

Good Luck and Keep us Posted on you progress......

[minglewood]

Wow, I feel like there should be a gold medal or some kind of award at the bottom of that post, Puter. You've certainly been through some stuff, but hang in there - You can do it!