my husband purchased his first home back in 2009 through guild mortgage company/san diego, ca.
We have just recently found out that the bank committed fraud in that the loan was predatory in nature as they knew that he would not be able to afford the loan as his workers comp payments were going to stop within a 2 year time frame. The payments actually stopped sooner rather than later so we would have been in the position of not being able to afford the loan within a short period of time either way.
We also found out that the bank illegally foreclosed on us about a year ago and then accepted forbearance payments from us for 4 months! The biggest issue with that was that we were never notified that we were even in foreclosure until the bank posted a sale notice on our door back in mid april of this year and the sale date was for the 5th of may 2011!
We panicked and hired an incompetant, fraud, jackass bankruptcy attorney in an attempt to save our home which, come to find out should have been our last option but-that's another story.
Then, to top it all off, (after just recently receiving the documents that guild filed with the county recorder) guild sold/transferred title twice through mers-once on the 5th of may and again on the 20th of july 2011!
What makes this so much worse is that my husband is a 62 year old vietnam veteran with ptsd and also major physical disabilities due to a work related injury back in 2005 and the bank was aware of these facts prior to loan approval!
This fiasco has ruined his health and his credit which can easily be documented.
This is where it gets really good.
We were getting word that my husband's extra workers comp payments were going to end-(this was a little over a year ago) and i emailed guild mortgage alerting them to that fact and requested a modification. They never answered any of my emails which come to find out is typical of this bank. It is also virtually impossible to reach anyone through their call center. We even sent them $500.00 in the interum which was promptly returned. It took about 8 months to finally get a loan mod packet from guild and after filling it out with all the required docs attached-they told us they lost all the paperwork! This happened twice!
I then attached to my long email string to guild-some info concerning the bank of america who was doing the very same thing to their customers meaning-i busted guild for not operating in good faith to say the least.
I also let them know that i had found an email from their loan agent from 2009 in which he stated that, (after speaking with my husband's workers comp attorney) that the possible settelment money and current payments could not be considered as income and that he would try and get around it with underwriting. Obviously he did which is illegal as hell.
I have documented every single thing guild did and just as important-what they did not do but should have in my long, continuous email string over the last approximate year and a half.
So much so that after all of this and the sale/transfer through mers-we are still in our home as they do not know what to do with us at this point. They sent 2 of their goons out to our home about a month ago to try and intimidate/harass us which got them nowhere. They tried to pull the cash for keys ploy and all it got them was my husband telling them that if they did not get off our property-they'de be shot as we have signs posted all over the place-"tresspass, get shot."!
Here's the kicker,
we have all the documentation we need to sue them big time and they know it however, i have been unable to find an attorney that is qualified to take the case and sue the bank for fraud without a 4-5 thousand dollar retainer. I was even willing to up the anty by way of offering a higher contingeny amount but-so far-no takers.
If i had any legal background whatsoever-i could get the bank to settle as they cannot even handle or answer my emails at this point!
I almost forgot to mention that i did get one response from guild and one only just a couple of weeks ago which said that they were going to forward all my emails to their compliance dept.! My response to that was this-
wow! That is so awesome! This sounds like the i.r.s. Doing an internal audit on themselves! Gee-i just can't wait to hear back from you on all the illegal stuff you guys have done on this deal!
Needless to say, i have not heard back.
Does anyone have any suggestions as to what we might do from here?
I have heard a lot about the administrative act of 1946 but have no idea as to how to file it.
Again, guild mortgage never, ever sent us any documentation as to their filing for foreclosure or the transfer through mers or attempted to call us/answer emails/etc... In order to work this out and we are now beyond the point of working anything out with them. The only option left is to sue them for fraud.