If you are having trouble with documentary proofs, sometimes documentation can be a signed statement. Always good to ultize the power of a legal request too. An example:I am about to write my letter (I don't even bother with telephone calls anymore) to my bottom of the barrel loan servicer FCI on my FHA loan and getting forbearance. Having read the actual act and the FAQ from HUD, your servicer has no choice but to offer the forbearance as long as you state that the emergency has impacted your ability to pay it back. You aren't actually asking for it, you are demanding it.
My fight right now with FCI is that they want documentation "that proves you have been financially impacted by the Pandemic, including evidence of business closure, employment termination, lay off, or furlough, and any other documentary evidence of income loss resulting from the Pandemic. " which you do NOT have to provide. According to HUD's guidance April 17th: Q. I am having trouble making my mortgage payment due to the impacts of the COVID-19 National Emergency. Do I need to provide my servicer with documentation to prove I need forbearance? A. FHA servicers will ask you to confirm that you are having a financial hardship, either directly or indirectly, due to the COVID-19 National Emergency in order to qualify for a COVID-19 Forbearance, but will not require that you supply any documents.
My main question, is how? I would have thought you would be protected in CA, like the residents of NJ & New York are protected right now.Once again or should I say for the umpteenth time, I'm staring down a foreclosure sale at the end of the month.
Filing a complaint with the CFPB emphasizing those wrongs - of the multitude of wrongs - that are most applicable to the FDCPA, along of course with the contract claims given the thrust of my argument is the failure to perform on the bank's side which by its nature negates my alleged default and renders foreclosure impossible.
So far, CA has only suspended judicial foreclosures....which is pretty pointless because as I understand it, nearly all foreclosures there are non-judicial.My main question, is how? I would have thought you would be protected in CA, like the residents of NJ & New York are protected right now.
Currently, in NJ -- all new Writs of Possessions, and Foreclosure Sales are on Pause, and nothing new is being added to the Sale Calendar. In New York -- new sales can't be scheduled, and existing sales have mostly been adjourned. Evictions can't be scheduled at the moment, in either states.
Is there anyway possible, you could get that loan adjustment, or a new loan modification? Has negotiation stalled?
Is it really contempt of court? It's contempt of something, they're certainly showing a disregard for the law itself with respect to thier own legal obligations but I need to look up the definition of contempt of court.It would be nice is you could use 15 USC 1692d. "A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt." Especially if they are in contempt of court by willfully pursuing a wrongful sale.
Yes it is. Ignoring a court order WILL give rise to this claim. I've surfed for some related cases, usually requesting sanctions. (no real refs as far as published opinion in appeals) Yes, you can move for this if that's what they do. Will know if they stalking you online by if they withdraw or not. lol. But, in same vein, once is an error while twice is a pattern. Works in your favor.Is it really contempt of court? It's contempt of something, they're certainly showing a disregard for the law itself with respect to thier own legal obligations but I need to look up the definition of contempt of court.
A new (to me) applicable term is reckless indifference, generally used in criminal law but sometimes in tort that seems to encapusilize their mind set. Guess that's what happens when you have too much power and imagine you're above the law.
But I have a better word and a crime: extortion. That pretty much nails what they're doing. They're threatening me with the loss of my home of thirty years unless I give them money far in excess of the debt. Considering talking to the DA.
There's a difference between a court order and a ruling. A ruling is a determination based on the facts presented and it may lead to an order but it doesn't in itself compel or prohibit an action.
In California court procedure we use the demurrer as a preliminary process which generally assumes the truth of all material facts alleged in the complaint, and the defendant can't present evidence to the contrary. The demurrer tests whether a cause of action or affirmative defense as pleaded is legally insufficient. The ruling in my case was at the demurrer stage. In other words my pleadings showed that the servicers were in the wrong legally. In the next stage,trial that's when evidence is presented. So what I got was only a preliminary ruling.
But I got a Smidgen of good news. The sale was postponed.
For years now I've been a major fan of law professor Andrew Kull. He's drop dead brilliant and the reporter for the most recent Restatement of Restitution and Unjust Enrichment. He kind of broke new ground in it -something rarely down in a restatement - by suggesting restitution and disgordgement for opportunistic breach of contract. Section 38.
There seemed to be a correlation between that remedy and the fate of homeowners in the mortgage crisis.Today found a scholarly article from someone who saw the same connection. The article is called Unjust Impoverishment. Using Restitution Reasoning in Today’s Mortgage Crisis.
Sure would like it if we heard from Annie Mac. I'm a little worried.
Isisis, I can't get the above link to work https://www.google.com/url?sa=t&source=web&rct=j&url=[URL]https://law.wlu.edu/deptimages/law%20review/68-3n.6Linzer%20Huffman.pdf&ved=2ahUKEwjbpamIrcvpAhXbFTQIHQAOArsQFjAAegQIBhAC&usg=AOvVaw14eqFKXYVYnkFDRvf1J7yq. Can you resend it privately?