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Taylor Bean & Whitaker: Who has my mortgage?

Discussion in 'Loan Modification' started by gcmedica21, Dec 28, 2010.

  1. gcmedica21

    gcmedica21 LoanSafe Member

    Hi everyone,

    Newbie here. Have to say this website is awesome and wish i would have found it sooner.

    I am one of the people that was drug into the Taylor bean and Whitaker fiasco. I refi'd 7 days before they closed using the streamline refi due to negative equity in home. they closed and i now have 2 loans for full amount on 1 house. I am still currently tied up in it. Almost 1.5 years later and i still do not know with a shadow of doubt who has my loan. When TBW was shut down i received 4 letters from 4 different companies asking for payment. I sent nothing to anyone. Been banking all of my payments in a savings account. I have called FHA, FDIC, Freddie mac, FBI (since they closed them down), DOJ, AG, elected state officials, etc. and nothing no one seems to know WTF is going on. I hired an attorney to protect me from these people since no one else is protecting us. I know that some one is going to want this money but i am having a hard time with them taking it all. I have to pay attorneys fees because of what some one else did so i can figure out where to mail a mortgage payment to. Since this all started i have been able to tract down who i think has my loan and i think it is Cenlar. They still can not show me "proof of note" though. they are asking for payments and we are almost a year behind according to them.
    I am still upside down in my house, the value has dropped even further. I want a Modification (principal reduction, or a permanent loan mod) but i do not even know where to start. I read over this website and i have to say it is very helpful. I asked for a mod with Cenlar and they said they dont do HAMP, i have to go to a "local" bank to do that. They said they will mail me something about HARP. What does a local bank have to do with this

    Ok i think i am rambling on. there is a ton more to this story but i dont want this posting to be 5 pages long. Do any of you folks have any input or ideas? Also feel free to ask any questions. Thanks again for this website!!

    James
  2. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    Hello James,

    Welcome to the community! Thanks for sharing your story and your kind words about our website. We are all in this together brother.

    I would pursue this if I were you from a foreclosure defense position when the time comes. Meaning, a foreclosure which is filed by notice of default with your county is an offense by your lender (whoever that may be) to your late payments so they can retain possession of the home within state legal time frames. A defense by you based on what you stated above would be, OK, do you have the right to foreclose on me because I do not think you do and if so, prove it with the original mortgage note.

    It is sort of that simple. Here are some article I have written in the past on this subject that will detail more. I am no lawyer, but just well mortgage educated..

    I hope this helps and please stick around and join the many discussoins here.

    Where’s the note, who’s the holder: Enforcement of the promissory note secured by real estate | LoanWorkout.org

    Read Moe’s past blog posts on the missing note theory from 2007-present: [FONT=&quot]
    [/FONT]
    [FONT=&quot]Deutsche Bank Foreclosures Tossed Out of Ohio Federal Court – “They Own Nothing!” - November 13, 2007[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Thus, the Judge ruled that in every instance, these submissions create a “conflict” and they “do not satisfy” the burden of demonstrating at the time of filing the complaint that Deutsche Bank was in fact the “legal” note holder. [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]While the decision is great for homeowners in distress (due to providing a new escape hatch out of foreclosure), it also represents a serious roadblock. If the toxic mortgage fiasco is to be cleaned up, there must be a simple means of identifying what banks own and what they do not own. This judgment is an example of the enormous task ahead in sorting out the mortgage mess.[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]32 More Foreclosures Dismissed for Lack of “Documentation”- November 19, 2007[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot] In another Ohio ruling on November 14th, State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation”. Read the ruling /files/89778-78388[/FONT]
    [FONT=&quot]/Deutsche_Bank_Foreclosure_Ruling.pdf”>Deutsche Ruling, we reported on the Judge Boyko decision in which he dismissed 14 Deutsche Bank foreclosures and then was followed up by Judge Rose throwing out another 27 foreclosures the following day for lack of documentation. [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]This will continue to prove to be a huge issue for securitized trusts to properly prove ownership with the legal documentation of these loans. Now, it appears that some homeowners (and judges) have caught on and it is expected that many more of these cases will be thrown out of courts across America.[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Foreclosure Warfare – “It is troubling that the plaintiff has filed this case before it had any interest in it” – December 13, 2007[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot] “It is troubling that the plaintiff has filed this case before it had any interest in it,” Hamilton County Common Pleas Judge Steven E. Martin said in a letter to Wells Fargo’s lawyer.The judge said the foreclosure lawsuit was filed before Wells Fargo owned the mortgage – thus, the suit was premature.[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Ohio Homeowner Fights Foreclosure and Lives Payment Free for 11 Years – December 28, 2007[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Let the truth be known. Most homeowners do not respond or fight back when they are facing foreclosure. The lender files the notice of default and the court hearing comes and goes without an appearance from the defendant (homeowner). Four to six months later, the trustee’s sale happens on the court steps and the home owner becomes another foreclosure statistic. [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]However, there are unique cases of people that just won’t lie down and take it. They fight back to protect their property rights and against injustice.[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Bring Down the Banks with these Foreclosure Defense Tactics - July 7. 2008 [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Like any fight , you must first look at your opponents weaknesses in order to exploit them and utilize these loop holes to your advantage. Over the years lenders and banks got fat and a little lazy in their training habits and fighting tactics. I guess they assumed that they would always rule the land from their hill top estates and glass houses.[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Missing Mortgage Notes and Deceptive Mortgage Servicing: Wall Street Shell Game 101 - [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]What if you didn’t have to leave and all you had to do was “defend” your property rights by asking a simple question to who you may “think” is your lender. The question, “Mr. Lender, would you be so kind to produce the mortgage note that I signed when I bought the home with my original signature?” Think of it like when you buy and sell a vehicle.[/FONT]
    [FONT=&quot]
    [/FONT]

    [FONT=&quot]Does Your Lender Have the Right to Foreclose on You? October 15, 2008[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]In federal court, written proof of who holds the mortgage must be presented at the time the foreclosure is filed. In county common pleas courts, proof must be presented before a judgment is issued. Our past “missing note” and “illegal foreclosure proceedings” blog posts focused in the great State of Ohio and the honorable Federal Court Judges, Boyko, Rose and O’Malley decisions that sent shock waves throughout online legal communities everywhere.[/FONT]
  3. gcmedica21

    gcmedica21 LoanSafe Member

    Moe ,

    Thanks a lot for your input.
    On a odd note, shortly after posting, today i received a phone call from the FDIC attorney who is representing the U.S. against TBW. They told me that indeed, Cenlar has my note and that they will provide me with a copy of this note next week. I asked about getting a Mod and who is going to pay my attorney fees and all she could tell me was that i need to deal with cenlar. So i called cenlar and asked them to provide me with a mod packet and, how do i go about getting my attorney fees and she said for me to fax in a written request to have those paid. Wonder what the likelihood of having them do that is? She told me that TBW is protected and i more than likely will never see that money. Who is protecting me? doesn't the FDIC work for me as a tax payer? (just a thought).
    So after i get the mod packet in the mail i will start to work on that and i will probably have a ton of questions about that to get the biggest chance of success. So i guess i sit back and wait for some paperwork. Thanks again and i will be hanging around and partaking in some discussions. I have learned a tremendous amount from this ordeal, and still learning so hopefully i can help and be helped at the same time.

    James
  4. gcmedica21

    gcmedica21 LoanSafe Member

    Hi guys,

    Just a update. (started school back so been a while since post)
    I recieved my Mod packet at end of year. Filled out had to be back by 1/9. Waiting response i recieved a notification(from usps)that it was delievered on 7th. Still no coupon book or anything in mail ref to making a monthly payment other than the one i recieved several months ago for a payment back in Feb, 10....
    (in ref to last post) I asked FDIC for proof of my loan with Cenlar and i still havent recieved a thing from Cenlar or FDIC about who "has" my loan. They all keep telling me that Cenlar has it but they can NOT prove it.
    Again, thanks for this forum!! Because of all the posts on here i was able to fill the Mod packet much easier.
  5. KRStas

    KRStas LoanSafe Member

    James- I am in the same boat- I have been aprroved for the modification with Cenlar though Bayview, am on my 2nd trial period payment- am told it will be permanent after 3rd payment, at that point there will be new paperwork to sign. They didnt add time to my mortgage so I am hopeful. Its all very bizzare though, Cenlar has never recorded a tranfer from Taylor Bean, but from what I am seeing that doesnt seem to matter- should, but doesnt - good luck, Bayview is fairly quick with their response once they do their verifications! Hope this helps :)
  6. gcmedica21

    gcmedica21 LoanSafe Member

    Congrats on your Mod!! Hope it all works out for you.

    So did you have a TBW loan to begin with?
    Are you still with cenlar or bayview now?
    How long did Bayview take?
    How is bayview?


    Thanks again i am still waiting to hear my answer on HAMP mod from Bayview.

    James
  7. KRStas

    KRStas LoanSafe Member

    Yes, I was originaly with Taylor Bean, then Cenlar took over my loan and Bayview is handling the processing of the loan mod. An interesting fact however, Cenlar has never recorded a tranfer, but since my loan was Freddie Mac, I seriuosly doubt it is "lost". As far as Bayview, the woman I delt with was fairly helpful, payments only went down 300, but that is better than a poke in the eye I suppose! Good Luck- and be confident, they dont play the games BofA does.
  8. gcmedica21

    gcmedica21 LoanSafe Member

    Hi Everyone,
    wanted to post an update about my situation. It has been a long road and still not over with.
    Gosh where do i start......ok so the HAMP/Refi thing didnt work out. Bayview only wanted more paperwork and more paperwork. Never would give us a answer. After looking into it i knew we would not qualify because of the date of 7/09 of original note. Anyway, No go with Bayview.
    So Cenlar decided to file foreclosure paper work around 4/11. My original attorney who mainly does closing and etc, said we need help.......so we began calling other attorneys to find help. We found a great bulldog of a attorney too!!!!
    Cenlar filed foreclosure paperwork, we argued it and WON, judge ruled (1/12)in our favor!!!! (not over yet)
    Cenlar appealed his decision, and won(5/12)
    We just filed our affidavit, to get my side finally heard in court. Thats the part that fascinates me........after all of this i am just now being heard in court. This has been going on since 8/09 and just now!!!!!!
    Again thank you for the help this forum has brought me!!!! I am still fighting to find out who has my note. I am sure it is sitting somewhere in Florida as evidence in a bankruptcy case for Taylor Bean and Whitaker.

    James

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