Bagels at a bar mitzvah. I used that term recently in a forum to describe the eagerness with which I would be handing out modifications to vocal individuals who "get it" if I were a bank that had made a gazillion dollars double dipping in securities fraud, credit default swaps and fraudulent assignments and wished to continue to do so. It would seem a thrifty form of insurance as a happy homeowner with moderate payments is far less likely to dig deeper, engage in conversations about fraud that in this new world of communication spread and might even grow to the point there could be consequences for greed. I was kind of kidding and didn’t really expect that sort of prudence from banks and the following is probably coincidental…but….
I’ve been in foreclosure three times and two years ago was essentially lured into Countrywide’s modification program and then misled into default. A few QWR, Civil Code and RESPA violations later no modification, a sale date and finally a preventative BK.
Knowing the terms of the BK were economically prohibitive even if I cut out luxuries like heating my home this winter and inspired by the stories of others fighting back I went into battle mode and became vocal on this forum and elsewhere. I submitted complaints to the OCC and Attorney General, faxed the CEO and OOP with my concerns. I then began investigating the loan trust into which my loan could only have been placed by magic or unlawful means and county records where there is evidence of notary fraud voiding the foreclosure initiation.
As expected my attorney bailed on me after I told him I wanted to file Bofa as an insecured creditor as they had no standing to foreclose and the chain of title was broken. He told me this judge thinks standing should be determined in civil court and people like me just want a free house (yes, I told him it wouldn’t be free unless they returned my $300,000 with interest). He completely side stepped the evidence of fraud and brought paperwork to court to sign me over as pro se.
Just a few hours later after getting a continuance on the confirmation of the BK plan to gain more investigative time a Mercedes pulled into my driveway. She might as well have been carrying a sign that said short sale. Instead she was from Bofa, said they’d been trying to get a hold of me, wanted me to call.
So, I called Bofa and Maurice told me they have a trial modification ready for me. What????????????? I made Maurice repeat himself a couple of times. Same story.
The word “trial” seems operative enough to prevent jubilance, until I see it on paper I’m not counting on it and the timing of it all is perplexing.
I’ll be the first to acknowledge that coincidence is a mathematical inevitability but come on! Two hours after getting a continuance to investigate the evidence of notary fraud found at the recorders office three days earlier and numerous posts and google searches inquiring into CWAB 2006 SD2 I get a personal visit to let me know about a modification?
I would imagine Bofa has some sort of risk analysis section in which troubling loans like mine are placed – the ones who make a fuss over details like adherence to the law. Is it inconceivable that the balance between making a reasonable income on the interest of a loan and fleecing someone for everything they’ve got might be tipped by the risk of litigation or even the need to mollify vocal borrowers investigating the same issues as the Attorney General or questioning whether their loan trust still exists?
Bofa has asked me on various occasions for my email and I obliged though they’ve never contacted me by that means but if that enabled them to monitor google searches….
...Ok, I’m not saying that typing T. Sevillano notary fraud or CWABS 2006 SD2 hundreds of times is an incantation that results in a Mercedes delivered modification. Maybe it was the OCC complaint mentioning Civil code and RESPA violations and unfair business practices, letters to the CEO, emails to my “investor”, debt validation letter, all of the above, coincidence….? Or perhaps just a trial mod to fund the foreclosure before tossing me out, still it’s bought me some time.
Maybe I’m just putting a positive spin on my paranoia but if I hadn’t gotten aggressive, hadn’t learned the law and my rights I wouldn’t still have my home and I think the more we learn about what’s happening and the more we speak up the better our chances are of keeping our homes.
I want to encourage people not to give up even if it looks bleak. Just because you can’t afford an attorney doesn’t mean you can’t learn your rights and try to assert them by letting the banks know in writing that by proceeding with a foreclosure they will be breaking the law.
Two Loansafe threads I recommend reading to see how others are fighting back with some success are Freedomwon’s “My recent letter to Bofa” and “Forged, robo signing, mismatched signatures”