Bagels at a Bar Mitzvah

Speedy

LoanSafe Member
Jul 12, 2017
27
1
3
47
Anybody know about the Federal Rules of Disclosure? IE- do I have to advise my adversaries about the numerous formal "complaints" that I filed with the proper state & federal agencies?

Don't get me wrong, I'm dying to do it, but do I have to? I'm so scared about screwing something up, procedurally. Not too happy about having to learn about the Federal Rules of Procedure. I could use a little help.
Wanda robo,
I find out why you are having problems with the court.. You are not a corporation, because you have not claimed ownership of the TRADE NAME! listed in your county court records. You are a living person, you cannot operate in commerce with out a registered name / trademark. Check your loan documents they should have a document with your name spelled out first name initial last name and it will say affidavit of affiant/name. You have o claim it and file a ucc 1 financial statement with the secretary of state because the lower courts are setup as your registerd agent to receive service of process. That is why your name and your BILLS are in all CAPS. Only CORPORATION OPERATE IN UPPERCASES. We have been deceived, they setup the tradename when you took out your loan, never told you filed a w-9 so that is fraud... in my case I filed a identity theft report with the county sheriff. when the affidavit is filed saying that "I" am the principal and file it in the land records/deeds. call me if you need more clarification.
 

Speedy

LoanSafe Member
Jul 12, 2017
27
1
3
47
If you don't have a real business listed at your address in your real name, file a fictitious name statement affidavit to get the eviction thrown out insufficient service of process your name is not written like this "WANDA ROBO" it is Wanda Robo.. do you follow? look at your court documents the parties are all listed as corporations look up corporations and the uppercase analogy..
 

Iamfiesty

LoanSafe Member
Apr 17, 2013
42
1
8
Hello,
I purchased my house in 2007 with Countrywide being the loan people. After the whole Countrywide disaster, BofA became the people I pay my mortgage to. In 2013, I fought for a modification and I got it. In 2017, it was a bad year for me. I lost all hope in all aspects of my life and I let it all go. I was almost committed. I filed BK 13 in 7/2017 to save my house. The lawyer that I was working with told me he was closing up his office in 9/2017. I again spiraled out of reality. He told me that I can re-file with another lawyer (a lady). I did in 10/2017. We had serious personality issues from the gate. It didn't work. She was a B**CH!!!!! She dropped me!!!!!!!! So she referred me to another BK lawyer. My house was go to auction on Monday 12/4/17. I meet with this 3rd lawyer, paid him $2000.00 to file another BK 13 to save my house. He did on Friday 12/1/17. He said that even though I don't qualify for the automatic stay that he can file a motion to explain why the BK's prior failed to a judge. I was ok with that. On 12/7/17 a realtor shows up that our house was sold back to the bank. I was like WTF!!!!! I called my BK lawyer and he was preparing the motion to stay the automatic stay. Is there a window of time that he could file that motion? The sale happened at 9:47 AM on 12/4/17. Doesn't he have time to file? Like they jumped the gun?
So fast forward.... I received a unlawful detainer from the attorneys for Freddie Mac to get out. I filed a answer citing wrongful foreclosure. I go to court to face them on Wednesday 3/14/18. I have nothing to stand on. I have paperwork but it doesn't make sense. I just want to buy time to file a wrongful foreclosure case 1st. I have no money.... I'm doing this on my own.
I see on paperwork that there is misapplied funds to BofA that SLS never accounted for. I see names on the notice of default that still says Countrywide and other people.... I know I have something here, even if the BK screw up isnt my defense.
Please please help me..... I can't lose my home. I will just give up on everything.
 

Javagold

LoanSafe Member
Mar 2, 2012
67
4
8
Hello,
I purchased my house in 2007 with Countrywide being the loan people. After the whole Countrywide disaster, BofA became the people I pay my mortgage to. In 2013, I fought for a modification and I got it. In 2017, it was a bad year for me. I lost all hope in all aspects of my life and I let it all go. I was almost committed. I filed BK 13 in 7/2017 to save my house. The lawyer that I was working with told me he was closing up his office in 9/2017. I again spiraled out of reality. He told me that I can re-file with another lawyer (a lady). I did in 10/2017. We had serious personality issues from the gate. It didn't work. She was a B**CH!!!!! She dropped me!!!!!!!! So she referred me to another BK lawyer. My house was go to auction on Monday 12/4/17. I meet with this 3rd lawyer, paid him $2000.00 to file another BK 13 to save my house. He did on Friday 12/1/17. He said that even though I don't qualify for the automatic stay that he can file a motion to explain why the BK's prior failed to a judge. I was ok with that. On 12/7/17 a realtor shows up that our house was sold back to the bank. I was like WTF!!!!! I called my BK lawyer and he was preparing the motion to stay the automatic stay. Is there a window of time that he could file that motion? The sale happened at 9:47 AM on 12/4/17. Doesn't he have time to file? Like they jumped the gun?
So fast forward.... I received a unlawful detainer from the attorneys for Freddie Mac to get out. I filed a answer citing wrongful foreclosure. I go to court to face them on Wednesday 3/14/18. I have nothing to stand on. I have paperwork but it doesn't make sense. I just want to buy time to file a wrongful foreclosure case 1st. I have no money.... I'm doing this on my own.
I see on paperwork that there is misapplied funds to BofA that SLS never accounted for. I see names on the notice of default that still says Countrywide and other people.... I know I have something here, even if the BK screw up isnt my defense.
Please please help me..... I can't lose my home. I will just give up on everything.
Only thing I can help you with it this. Learn to fight. Learn to Fight hard. Learn to enjoy fighting scumbags. And never ever give up.[/QUOTE]
 

wanda robo

LoanSafe Member
Sep 29, 2012
2,963
382
83
NJ

wanda robo

LoanSafe Member
Sep 29, 2012
2,963
382
83
NJ
Hello,
I purchased my house in 2007 with Countrywide being the loan people. After the whole Countrywide disaster, BofA became the people I pay my mortgage to. In 2013, I fought for a modification and I got it. In 2017, it was a bad year for me. I lost all hope in all aspects of my life and I let it all go. I was almost committed. I filed BK 13 in 7/2017 to save my house. The lawyer that I was working with told me he was closing up his office in 9/2017. I again spiraled out of reality. He told me that I can re-file with another lawyer (a lady). I did in 10/2017. We had serious personality issues from the gate. It didn't work. She was a B**CH!!!!! She dropped me!!!!!!!! So she referred me to another BK lawyer. My house was go to auction on Monday 12/4/17. I meet with this 3rd lawyer, paid him $2000.00 to file another BK 13 to save my house. He did on Friday 12/1/17. He said that even though I don't qualify for the automatic stay that he can file a motion to explain why the BK's prior failed to a judge. I was ok with that. On 12/7/17 a realtor shows up that our house was sold back to the bank. I was like WTF!!!!! I called my BK lawyer and he was preparing the motion to stay the automatic stay. Is there a window of time that he could file that motion? The sale happened at 9:47 AM on 12/4/17. Doesn't he have time to file? Like they jumped the gun?
So fast forward.... I received a unlawful detainer from the attorneys for Freddie Mac to get out. I filed a answer citing wrongful foreclosure. I go to court to face them on Wednesday 3/14/18. I have nothing to stand on. I have paperwork but it doesn't make sense. I just want to buy time to file a wrongful foreclosure case 1st. I have no money.... I'm doing this on my own.
I see on paperwork that there is misapplied funds to BofA that SLS never accounted for. I see names on the notice of default that still says Countrywide and other people.... I know I have something here, even if the BK screw up isnt my defense.
Please please help me..... I can't lose my home. I will just give up on everything.


See, I told you. Some of the people here are non-judicial & will help & the ones that aren't will give you plenty of moral support. Find a way to fight the eviction.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
893
101
43
Wanda robo,
I find out why you are having problems with the court.. You are not a corporation, because you have not claimed ownership of the TRADE NAME! listed in your county court records. You are a living person, you cannot operate in commerce with out a registered name / trademark. Check your loan documents they should have a document with your name spelled out first name initial last name and it will say affidavit of affiant/name. You have o claim it and file a ucc 1 financial statement with the secretary of state because the lower courts are setup as your registerd agent to receive service of process. That is why your name and your BILLS are in all CAPS. Only CORPORATION OPERATE IN UPPERCASES. We have been deceived, they setup the tradename when you took out your loan, never told you filed a w-9 so that is fraud... in my case I filed a identity theft report with the county sheriff. when the affidavit is filed saying that "I" am the principal and file it in the land records/deeds. call me if you need more clarification.
I have yet to see a single court agree with this argument. I understand what you're saying, but we need strategies that will win in the arena where this fight is taking place. It could be the most truthful piece of info in the world, but if the courts will not follow it, that won't help us.
 

Speedy

LoanSafe Member
Jul 12, 2017
27
1
3
47
I have yet to see a single court agree with this argument. I understand what you're saying, but we need strategies that will win in the arena where this fight is taking place. It could be the most truthful piece of info in the world, but if the courts will not follow it, that won't help us.
Well, I was ordered to pay $14,800.00 on the 6th of March 2017, plus an additional 1800.00. The paperwork I submitted into the court stop that order. The attorney is now begging the judge to issue a instant writ to put me out of the home I took care of on a assumption that their was a loan. I found my TILA statement and it specifically says "this is not a loan or a mortgage" period! So they trampled on my title so now in order for us to have a clean one we are doing an adverse possession under color of title law.
 

ams853

LoanSafe Member
Mar 5, 2018
9
1
3
So I’ve been reading through this thread and trying to find help.

Long story short. Got behind on mortgage payments. Tried to set up a payment plan with Loan Care. They would only take payments if I agreed to pay all late fees and other fees. Payment was not in our budget but we agreed to it due to it being the only option. Only able to make one payment of the payment plan. Got notice of default and foreclosure proceedings. I’ve applied for loan modification. I purchased the home in 2009, got married in 2012. My husband is no where on the mortgage. Gave birth to our daughter in 2016, wasn’t able to go back to work right away. We were doing fine until my husband lost his overtime pay. So I send in loan modification package and include his income because he’s the only one working currently. I send all information they ask for and now they are asking for him to sign a co-borrower form. I’ve tried calling and finding out what that is and what implications it will have on his credit if we aren’t approved for modification and lose our home. This is all new to me and I don’t know where to start. Loan Care is very hard to talk to and not giving me any information. I’ve tried to find out who owns my mortgage but was basically told I didn’t need to contact them and that Loan Care would be the one handling all of the foreclosure process. Honestly at this point if we could walk away we probably would. We just don’t have anywhere to go without selling our house. We don’t have very much disposable income that we could use to buy or rent a place.

So should he sign the co-borrower form? Do we have any other options?
 

perplexing

LoanSafe Member
Oct 19, 2017
21
1
3
So I’ve been reading through this thread and trying to find help.

Long story short. Got behind on mortgage payments. Tried to set up a payment plan with Loan Care. They would only take payments if I agreed to pay all late fees and other fees. Payment was not in our budget but we agreed to it due to it being the only option. Only able to make one payment of the payment plan. Got notice of default and foreclosure proceedings. I’ve applied for loan modification. I purchased the home in 2009, got married in 2012. My husband is no where on the mortgage. Gave birth to our daughter in 2016, wasn’t able to go back to work right away. We were doing fine until my husband lost his overtime pay. So I send in loan modification package and include his income because he’s the only one working currently. I send all information they ask for and now they are asking for him to sign a co-borrower form. I’ve tried calling and finding out what that is and what implications it will have on his credit if we aren’t approved for modification and lose our home. This is all new to me and I don’t know where to start. Loan Care is very hard to talk to and not giving me any information. I’ve tried to find out who owns my mortgage but was basically told I didn’t need to contact them and that Loan Care would be the one handling all of the foreclosure process. Honestly at this point if we could walk away we probably would. We just don’t have anywhere to go without selling our house. We don’t have very much disposable income that we could use to buy or rent a place.

So should he sign the co-borrower form? Do we have any other options?
Do NOT have him sign anything if you don't intend to pay the mortgage on time. Save his money for a DP elsewhere, or first/last/deposit to rent, if he cannot qualify.

What state are you in?
 

ams853

LoanSafe Member
Mar 5, 2018
9
1
3
A
Do NOT have him sign anything if you don't intend to pay the mortgage on time. Save his money for a DP elsewhere, or first/last/deposit to rent, if he cannot qualify.

What state are you in?
Arkansas. Loan Care told me that the co borrower form didn’t mean anything other than he was agreeing to use his income to pay the mortgage. Why should he have to sign a form saying that. We want to walk away. We don’t want to live in the home anymore because our lives have changed and we are an hour away from family, church, and other things. We’ve been given some land and want to either build or buy a mobile home for now.
 

perplexing

LoanSafe Member
Oct 19, 2017
21
1
3
A


Arkansas. Loan Care told me that the co borrower form didn’t mean anything other than he was agreeing to use his income to pay the mortgage. Why should he have to sign a form saying that. We want to walk away. We don’t want to live in the home anymore because our lives have changed and we are an hour away from family, church, and other things. We’ve been given some land and want to either build or buy a mobile home for now.
It looks like you have up to 4 months. http://www.foreclosurelaw.org/Arkansas_Foreclosure_Law.htm

Sign nothing, send a letter by certified-mail, return receipt requested, formally requesting that you may be contacted from this point only in writing (you can say all kinds of things accidentally, by phone, and to stop the calls), and save your money. Move on and when it's time to rebuild, your husband can move forward with a clean slate.

I repeat: DO NOT ANSWER any calls or letters. If you respond to anything, it must be in writing so you have a paper trail, and ONLY if it's to accept an offer for Deed-in-Lieu and/or Cash for Keys.
 

ams853

LoanSafe Member
Mar 5, 2018
9
1
3
It looks like you have up to 4 months. http://www.foreclosurelaw.org/Arkansas_Foreclosure_Law.htm

Sign nothing, send a letter by certified-mail, return receipt requested, formally requesting that you may be contacted from this point only in writing (you can say all kinds of things accidentally, by phone, and to stop the calls), and save your money. Move on and when it's time to rebuild, your husband can move forward with a clean slate.

I repeat: DO NOT ANSWER any calls or letters. If you respond to anything, it must be in writing so you have a paper trail, and ONLY if it's to accept an offer for Deed-in-Lieu and/or Cash for Keys.
4 months for what? I was told by the attorney handling the foreclosure that our home is set for public auction on April 24th.
 

perplexing

LoanSafe Member
Oct 19, 2017
21
1
3
It looks like they foreclose in Arkansas in 4 months.

If you have a date for the auction, the person to ask is a local attorney, not broadly in a forum.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
893
101
43
Well, I was ordered to pay $14,800.00 on the 6th of March 2017, plus an additional 1800.00. The paperwork I submitted into the court stop that order. The attorney is now begging the judge to issue a instant writ to put me out of the home I took care of on a assumption that their was a loan. I found my TILA statement and it specifically says "this is not a loan or a mortgage" period! So they trampled on my title so now in order for us to have a clean one we are doing an adverse possession under color of title law.
I was referring to the names being in all caps. Lots of people have tried to do that....for example, the whole "sovereign man" movement. I have not seen as much as a traffic ticket case where it ever worked....for anyone.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
893
101
43
When you say Truth in Lending Act statement, what exactly are you referring to? Is it the TILA disclosure, or the HUD-1 estimate? Now I want to go check my paperwork to see what I have in there as far as this goes.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
893
101
43
It looks like you have up to 4 months. http://www.foreclosurelaw.org/Arkansas_Foreclosure_Law.htm

Sign nothing, send a letter by certified-mail, return receipt requested, formally requesting that you may be contacted from this point only in writing (you can say all kinds of things accidentally, by phone, and to stop the calls), and save your money. Move on and when it's time to rebuild, your husband can move forward with a clean slate.

I repeat: DO NOT ANSWER any calls or letters. If you respond to anything, it must be in writing so you have a paper trail, and ONLY if it's to accept an offer for Deed-in-Lieu and/or Cash for Keys.
First thing's first. Do NOT send a letter telling them to only contact you in writing. This is a mistake, and a waste of time. The laws surrounding debt collection contain a provision for a "cease and desist". Problem with this is, there is NO provision within the law for a "partial" cease and desist, which is what perplexing has informed you to do. You either accept communication with them or you do not---the law DOES NOT allow you to choose or demand the form that said communication must take. If you send them a "do not call us, only mail us" letter, then by law, they are better served by stopping all contact with you because they might get sued otherwise. And you do NOT want to cut all communication off. That's a sure fire way to tell them to get you out of the house as fast as possible.

Also, "perplexing" does not know enough about your situation to make the kinds of judgments he/she is making. Be careful about taking suggestions without the person knowing the full story and exactly what options you have, etc.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
893
101
43
So I’ve been reading through this thread and trying to find help.

Long story short. Got behind on mortgage payments. Tried to set up a payment plan with Loan Care.
Loan Care seems to be affiliated with ServiceLink...which is a bad company. They have been caught doing all sorts of messy things.


They would only take payments if I agreed to pay all late fees and other fees. Payment was not in our budget but we agreed to it due to it being the only option. Only able to make one payment of the payment plan. Got notice of default and foreclosure proceedings.
That's typical, they are only in business to deepen their pockets.


I’ve applied for loan modification. I purchased the home in 2009, got married in 2012. My husband is no where on the mortgage.
That is a good thing that could help you to get out from under this.

Gave birth to our daughter in 2016, wasn’t able to go back to work right away. We were doing fine until my husband lost his overtime pay. So I send in loan modification package and include his income because he’s the only one working currently. I send all information they ask for and now they are asking for him to sign a co-borrower form.
DO NOT have him sign that form. DO NOT. The fact that this mess is not on his credit could help you to get into a new place.


I’ve tried calling and finding out what that is and what implications it will have on his credit if we aren’t approved for modification and lose our home. This is all new to me and I don’t know where to start.
The implications are this--if this goes on his credit and you lose the house, then you will have a much harder time trying to get into a new place. Even renting today often relies on your credit reports....

Loan Care is very hard to talk to and not giving me any information.
That is by design. Over the phone, they dont have to tell you much. Have you ever sent them a qualified written request by certified mail? That would be the thing to do to get them to tell you who owns the loan. Be prepared, they will most likely lie to you in response, but it's still the best way to address this question with them.

I’ve tried to find out who owns my mortgage but was basically told I didn’t need to contact them and that Loan Care would be the one handling all of the foreclosure process.
OK, now I'm going to say that you NEED to send them a QWR....and soon. We can help you put one together. What they just told you is a flat-out lie. The servicer may well handle the foreclosure process, but you still have a right to know who the actual creditor is, and if you send a QWR, they are required by law to respond.


Honestly at this point if we could walk away we probably would. We just don’t have anywhere to go without selling our house. We don’t have very much disposable income that we could use to buy or rent a place.
Did you mention that you were given some land? You might be able to get into a mobile home. A lot of mobile home places will sell one with no money down to people who have their own land, because they require you to put up the land as collateral in case you do not pay. But if you can get into one with a low enough payment that you can comfortably afford it, and with this foreclosure mess not appearing on your husband's credit, that might just be your best shot to get into a new place to live. It also depends on the condition of the land, for example, are there utilities already run on the land?

First thing I would do is send them a qualified written request by certified mail. DO NOT use one of the millions of templates that you find online, they are a waste of time and space. If you simply want to know who the actual owner of the loan is, you can keep your QWR simple and just ask them to identify the correct party that owns the loan.

You also need to know the foreclosure laws in your state-- I believe you said you're in Arkansas? Here's a link to the basics of Arkansas foreclosure law:

http://www.foreclosurelaw.org/Arkansas_Foreclosure_Law.htm

You mentioned that you have a sale date already. Who is the foreclosing party, exactly as they appear on the sale notice?