Wow great and very interesting story Goldie!! Thanks for sharing!
Keep Fighting!
Evan Bedard
LoanSafe.org Support Team
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i dont think this is likely to help many others
it appears that the borrower was able to offer a tender of the loan
few borrows have that capability, if they did its unlikely they would be in foreclosure
or am i missing something?
thanks Goldie for the info. how is your AP proceeding?
It hasn't been filed yet as the rest of the case has not been discharged. My attorney is timing it so that the discharge coincides closely with the AP filing - he wants the rest of the creditors discharged, except for the house dispute - otherwise my whole discharge could be held up for years while the AP is in process. We also had a few tug-of-war UST issues which have now been resolved, so we weren't sure if we would be forced into a 13 (but we weren't thank goodness). That too would have affected the strategy on the AP. I should be discharged the first or second week of Oct. (filed in June), had 341 in July, 60 days from 341 was middle of Sept. Everything on track so far.Originally Posted by Angels
goldie,
could you comment on my posting that this is unlikely to help others
most all borrowers have no means to tender
or am i missing something?
Hey fredk - think you might have missed this:
"IT IS FURTHER ORDERED that pursuant to 15 U.S.C. §1635(b), Plaintiffs had made offer to tender the loan evidenced by promissory note dated 12/12/2007 and Defendant Chase Bank USA, N.A. did not take possession within 20 days after tender by the Plaintiffs. Therefore, ownership of the loan proceed is vested in the Plaintiffs without obligation on their part to pay for it."
Fred,
Did you notice the action is within 3 years? That is the magical time frame. After that, you are sunk back to "produce the note".
i read every bit of that jakelabry
they TENDERED paymenr and Chase did not accept the tender
my point is MOST borrowers have no ability to tender payment
this this ruling will help very few
Oh yeah, I see your point now and you're right they DID tender! WTH's the matter with Chase?
Tendered or not, they couldn't have brought action except within 3 years 12/12/2007 promissory note. Hmm now why didn't
I think of this within the first three years of my loan.
big company
things get f'ed up
could you have tendered payment ?Tendered or not, they couldn't have brought action except within 3 years 12/12/2007 promissory note. Hmm now why didn't
I think of this within the first three years of my loan.
if i read this case correctly thats important
Here's the answer ~ If I absolutely had to tender payment I could have. Yes, draining the 401k, savings etc.
Knowing that you might not owe your mortgage company in the end, the enticement is quite high to
quickly raise money. (even in non efficient ways i.e. 401k)
If my mortgage wasn't 7 years old, I would think about it, seriously. However, the 3 year time frame takes
that argument away completely.
p.s. I admire anyone that "screws" their bank before their bank "screws" them. Let's just say I consider it
poetic justice.
Hey, Jake, what happened to the picture of your little doggie? The fruit loops are cute, but the dog was cuter - I have one at home just like him (but without the glasses of course).
tryingmybest, they would cash your tender if you made a valid and proper recissionHere's the answer ~ If I absolutely had to tender payment I could have. Yes, draining the 401k, savings etc.
Knowing that you might not owe your mortgage company in the end, the enticement is quite high to
quickly raise money. (even in non efficient ways i.e. 401k)
If my mortgage wasn't 7 years old, I would think about it, seriously. However, the 3 year time frame takes
that argument away completely.
p.s. I admire anyone that "screws" their bank before their bank "screws" them. Let's just say I consider it
poetic justice.
this case is strange ... why chase refused tender is not easily understood from the info provided
I agree, it is bizarre why they refused tender. I have a PACER account & could look it up, but I'm afraid its rather lengthy and I try to keep my account under $10 a quarter, so its free. Maybe some of the case info is posted on scribd?
i wouldnt bother goldie
this case is interesting but unlikely to mean much to anyone else but these borrowers
Goldie - I changed it when somebody called me a fruit loop for having too many posts on the forum! I'm a big dog lover! I have two Westies but I loved that pup with the glasses!
Jakelabry,
You fruit loop!!! You post too many posts!
Goldie, I attached my little dog...
Flip
glad you got your UST issues solved. That could have been ugly. The UST stuck his nose in my case on day 59. scared the crap out of me. but he missed his deadline to object, so I got my discharge
Ha! I'd hate to see what they call me - I have a lot of posts too. I'm a big & little dog lover too - have 4 (2 of whom are terriers). There is something about terriers that is endearing to me (probably because terrier is derived from the word "terror" and they can be - I think they are sometimes too smart for their own good).
Oh, he's adorable! Thanks for the picture. I love ALL dogs. I used to only favor the larger breeds & thought the little ones were yappy & annoying. Now I know better, having a little one myself. He is still yappy, but not annoying.
Glad it worked out. It is scary when the UST butts in, but I hear it is just standard procedure and if they don't go after you for something, their boss goes after them. I got the presumed abuse letters because I was over the median on the first test, but with the big mortgage payment that they hadn't figured in (I don't know why, as it was clearly spelled out in my paperwork), they then decided it was ok for me to proceed with the 7. I'd sure hate to live under the trustee thumb for 5 years. I hear many 13's fail because the plans are so restrictive. Did you do an AP against the servicer? Or did you get a mod afterward? They gave me a really crappy mod which I am not taking & I guess we'll just wait and see how the AP plays out, as there isn't much more I can do on my own. I'm pretty much ok, whichever way it goes - I don't have a choice at this point.
Yes, thanks for sharing the picture. I love my cats but also love dogs. After dealing with the idiots at B of A, it is so nice to deal with my cats. They
never scheme to defraud me, play mind games and try to rob me out of every last cent.
I love my cats too! They may scheme to get into my lunch on the counter or scheme to hide in my suitcase while I am packing, but they have never defrauded me eitherYes, thanks for sharing the picture. I love my cats but also love dogs. After dealing with the idiots at B of A, it is so nice to deal with my cats. They
never scheme to defraud me, play mind games and try to rob me out of every last cent.Although, one of them has done a good job of trying to rob me of every last cent - but he's okay now (had urinary tract disease for awhile).
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