Citimortgage & NACA - Don't know if Citi is messing with my head.

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
3
0
Twin Cities, MN
I just wanna know if there is any precedent for this type of behavior?
Oh, yes! Plenty of precedent for bad behavior -not so much for recovering damages.

Your case is excellent; but many of us don't have great facts on our side. We were lulled into a false sense of security by the HAMP rules we naively believed the banks would follow. In my own case, US Bank told me in writing they wouldn't foreclose for 30 days. The house was sold at the Sheriff's Sale 8 days later, without further notice.

It has taken months, but we are now being reviewed for the HAMP mod (clearly eligible) and the sale will be rescinded when we accept the terms. We aren't done yet, and I am not fooled. There is equity in the house for the benefit of the bank. We can't afford attorney to take it on - and so my only help was here on this Forum. By now, you know the value of it for yourself!

Most people need the loan mods - and we are constantly told that the Banks don't want to foreclose. It seemed like a good plan - pay the banks to modify the loans, people keep their homes, and we all win! Except the incentives are all wrong.

The Servicers get paid more for foreclosure activities than for modifications. The banks are protected by mortgage insurance and 'loss sharing' arrangements. What do the homeowners get? Predatory lending; the promise of loan mods (that don't materialize); scam artists that charge for loan mods and then disappear with your money; misleading and/or fraudulent advice from the servicers; and State Court judges who hear nothing after 'delinquency' is admitted. We are in a very challenging situation - without a lot of help, in many cases.

I agree that a good attorney is indispensable-if you can afford one; and that too many people just cave early on. BUT, I understand why people give up. Many of us are too ashamed to fight it if we are behind on the payments, and feel we 'deserve' it. We didn't know how well this has all been crafted to take the homes of people who only need a little forbearance, a little extra time, a little less predation. We are worn out, stressed out and broke. Sometimes it just gets to be too much, and we give the house back to the bank.

There are countless stories on this Forum of the health effects of this foreclosure mess - it takes a terrible toll; as you have seen in your own house. I dare say that $50,000 to move out by February 8th would NOT be enough! I hope that you are able to recoup some of your expenses, keep your home, and get a lot of extra money for what you have been through. Many on this Forum are cheering you on, and I am among them.

Regards,

Tarin
 

Jrm1070

LoanSafe Member
Mar 23, 2009
13
0
0
Wow! I hate to hear that!

The only reason I got an attorney is after I had gotten the run around and Cat and Moe both suggested that I look at finding an attorney and getting all of my ducks in a row to where anyone with common sense would see how jacked up this whole thing is.I simply went to Google and did a search, and found an atty with great reviews. I then gave him the merits of the case, backed up with bank statements and timelines and letters to and from both servicers, and he told me up front what the cost were and that he would work with me with a pay plan since he felt we could get some sort of relief in the form of lawsuits, etc. One thing I have found out is that these people are relentless, its like I'm in a zombie *****, the more you wipe out, the more seem to take their place in the form of fees and posturing and overall pure ignorance. I will keep you posted, but like you said, it was the last straw when the realtor showed up and was kinda snooping around the house....
 

Jrm1070

LoanSafe Member
Mar 23, 2009
13
0
0
The best advice I can give is to talk to others about your situation......ASK TONS OF QUESTIONS---

My Rule Number 1 when trying to do a LMA or HAMP Program-----Arm yourself for battle, war, plague, Zombie Apocalypse...YOU ARE GONNA GO TO TRIAL SO HAVE ALL YOUR CRAP TOGETHER IN A FILE WITH ENOUGH DETAIL THAT AN OCD PERSON WOULD GO "WOW, I THINK YOU OVERDID IT THERE, BUDDY" -----Reason? YOU WILL NEED A LAWYER SOMEWHERE IN THE PROCESS WHEN AND HOW THE BANK/INVESTOR DECIDES TO PULL THE PLUG ON YOUR HAMP MOD...This is the biggest scam on Earth, and you are dealing with people who should work in a Pawn Shop...not that there isnt anything wrong with that, its just not a place you go to get a good deal on Financing at low rates, and dealing with these people in the Loan Mod Dept at US BANK----PAWN BROKERS WOULD BE OVERQUALIFIED TO WORK THERE/ You would HAVE A BETTER CHANCE ON GETTING YOUR LOAN MOD AT A CARNIVAL MIDWAY......When all of this stuff started oh so long ago, the main theme everyone had was "Copy/Document/File/Record names, dates, times places, etc...." when it came to the Loan Mod process....Remember, I was with Citimortgage before there was even a "HAMP" program and I had just completed their Loan Mod process when they didnt hold their end of the bargain up and sold to US Bank/Acqura, thus starting the journey all over again. By that time, I thought I was in the clear, having made 3 perfect payments-not before, not after, but exactly on the DUE DATE which Citi and I had agreed on to the penny we agreed on for the LMA trial period.(The reason I did this direct draft was to have proof in the form of a paper trail that I never missed a payment and was never late, plus the fact of the tons of horror storys of people paying to much, paying too soon, or paying one day late, and getting KICKED outta the HAMP program and tossed into Foreclosure, only NOT TO FIGHT BACK AND LOSE THEIR HOME OVER STUPID BS AND EMBARRASSMENT). Then imagine my shock when Citimortgage didnt hold up there end of the bargain and sold it to Us Bank(THIS DID NOT FEEL RIGHT-I FELT MISLEAD-PISSED OFF-I DID MY PART,JUMPED THRU ALL THE HOOPS AND YOU SELL ME DOWN THE RIVER????? Thats when the gloves came off-I then consulted with an Attorney, which advised me to document everything I did, at the time and hell, tape record every convo I had with Acquras reps when I could until I get the desired result. I redid the process, and got my Trial Mod underway no hiccups, I used UPS for every document I sent that had to be signed for, got the names of the person who signed for them, and called them the instant they got my info.......and then the nightmare began...after 12 months of payments on time every time, my Homeowners Ins Agent called to find out why Acqura hadnt sent my homeowners insurance-it was 2 weeks past due and we were coming into Hurricane season, he called Acqura asking for the Premium-they ask him if I had current Homeowners Ins in place- he told them I did, put since they hadnt sent the premium from Escrow like last year, it was 2 weeks past due.....Acqura then PAYS the Homeowners Ins, then 1 week later sends a refund check with the premium and a LETTER SAYING I HAD BEEN DROPPED FROM THE HAMP PROGRAM FOR LACK OF PROOF OF HOMEOWNERS INSURANCE!!!!! Hell, by that time I thought MY LOAN HAD BEEN MODIFIED IT HAD BEEN A FREAKIN YEAR YA BUNCH OF MORONS!!! The next phone call I get is from Loss Mitigation asking me if I would like to short sale/Move out/Deed In Lieu, etc, and offering me a nice "walk away from your home" severance package. I played nice, said no thanks and HIRED ME AN ATTORNEY-I know many of you cant afford one, but you have to find one that is "battle tested" in this area of real estate/finance/consumer fraud/ hell , even some personal injury attys are starting to get in this game/YOU CANNOT FIGHT THIS FIGHT ALONE YOU WILL NOT SURVIVE IT BECAUSE IT IS EMOTIONALLY DRAINING ROLLER COASTER AND THE DECK IS STACKED AGAINST YOU IN THE WORST BACKSTREET VEGAS LOANSHARK CASINO ODDS IMAGINABLE AND IT WILL TEAR YOU AND YOUR FAMILY APART AND CONSUME YOU----YOU NEED BACKUP FOR THIS SHOOTOUT----IT IS WELL WORTH THE MONEY TO KNOW YOU HAVE A PROFESSIONAL YOU CAN TRUST---I DID MY DUE DILIGENCE AND NEEDED SOMEONE WHO HAD WON CASES LIKE THIS OR AT THE VERY LEAST "Settled Out of Court"...I did my own interview about how he went about his business and his WIN/LOSS RECORD----When you hire a coach to coach your team- you want a winner, but you also want someone who can explain why he lost the cases he lost because 1)YOU ARE PAYING FOR HIS SERVICES 2)HE WORKS FOR YOU 3)YOU WANT SOMEONE WHO IS DEDICATED AS YOU ARE ABOUT KEEPING YOUR HOME!!!!.......... but you need a "bulldog" who will work with you with their fees. My atty told me going in that its " $3k upfront, but I take payments, and we will get those back based on the info you have provided and that he could verify that they had acted in bad faith".....Even with an Atty, US BANK/ANYBANK/ALL THE BANKS will push the envelope of whats legal and whats not even remotely legal and more than likely will use the servicer as a scapegoat in the whole deal....Even after filing the "Complaint" with the court-the Bozo's went ahead with the Foreclosure sale, and its gonna cost them.....You have to go in with the motto "You do not have anything unless its in writing, and even then, it don't mean crap, unless you use later to prove your case in court" attitude, I began my daily trek to Office Depot/UPS Stores to document, fax,copy, notarize everything because I had this gut feeling that, after the Citi fiasco, that the Banks arent in it to "help people"....they are here to 1.Get Rich 2. Screw you, then ask for forgiveness later 3. Bulldoze their way to the most profitable part of the deal, the Foreclosure-profit for them, heartache and sorrow and pain and suffering for you-everybody wins! 4. Then basically try to wear you down, and try to EMBARASS you in front of your family and peers by placing your name in the local paper with you and your wife(Who isnt even on the loan) so that you cough up cash fast to keep it out of the paper. They want to use some sick,twisted perverted form of "peer pressure" on you so you dont want to have your name in the paper that basically says "Hey, look at me, I'm a dumbass for buying this house and paying too much for it, and the banks says I cant afford it, so I'm giving it back--hey we are gonna have a party on the courthouse steps, so if you like my house, come on down and bid on it so the bank can throw me and my family out of the house and sell it for more profit and take the cash they squeezed outta me and my family and put it back in the investors hands, and start the whole thing over again!!!" YAY US! The only thing that me and my attorney have recognized is that when US BANK and Acqura finally realized that they were in the wrong and that US Bank has basically "thrown Acqura under the bus to fall on the sword for this fiasco" as my attorney put it, the Banks pretty much think they can bleed you down to nothing, take your cash, then take your home if you dont get help and dont put up a fight. If you go into anything in the future, this means anybody, as far as a Loan Mod or HAMP Program, just know the end game is that they are gonna try their damnest to put you in foreclosure. Period. If they pushed the envelope EVEN AFTER WE HAD AN ATTORNEY AND A COMPLAINT WITH THE COURT, I can imagine them, JUST OUTTA THIN AIR,making stuff up, kicking out thousands of qualified HAMP prospects out of the program, and just getting all the foreclosures they can get before the Govt catches onto them, well after they have lined their pockets with the hardearned cash from the shattered American dreams of countless people! If you wanna negotiate with these people, the only thing they know is force....with a knee to the chest and a knife at their throat-is basically what we had to do to get any sort of settlement on the table. I will update you later.....
 

Jrm1070

LoanSafe Member
Mar 23, 2009
13
0
0
Moe, wanted to copy this for you about my situation that may apply to others here...

The best advice I can give is to talk to others in this situation......ASK TONS OF QUESTIONS--- My Rule Number 1 when trying to do a LMA or HAMP Program-----Arm yourself for battle, war, plague, Zombie Apocalypse...YOU ARE GONNA GO TO TRIAL SO HAVE ALL YOUR CRAP TOGETHER IN A FILE WITH ENOUGH DETAIL THAT AN OCD PERSON WOULD GO "WOW, I THINK YOU OVERDID IT THERE, BUDDY" -----Reason? YOU WILL NEED A LAWYER SOMEWHERE IN THE PROCESS WHEN AND HOW THE BANK/INVESTOR DECIDES TO PULL THE PLUG ON YOUR HAMP MOD...This is the biggest scam on Earth, and you are dealing with people who should work in a Pawn Shop...not that there isnt anything wrong with that, its just not a place you go to get a good deal on Financing at low rates, and dealing with these people in the Loan Mod Dept at US BANK----PAWN BROKERS WOULD BE OVERQUALIFIED TO WORK THERE/ You would HAVE A BETTER CHANCE ON GETTING YOUR LOAN MOD AT A CARNIVAL MIDWAY......When all of this stuff started oh so long ago, the main theme everyone had was "Copy/Document/File/Record names, dates, times places, etc...." when it came to the Loan Mod process....Remember, I was with Citimortgage before there was even a "HAMP" program and I had just completed their Loan Mod process when they didnt hold their end of the bargain up and sold to US Bank/Acqura, thus starting the journey all over again. By that time, I thought I was in the clear, having made 3 perfect payments-not before, not after, but exactly on the DUE DATE which Citi and I had agreed on to the penny we agreed on for the LMA trial period.(The reason I did this direct draft was to have proof in the form of a paper trail that I never missed a payment and was never late, plus the fact of the tons of horror storys of people paying to much, paying too soon, or paying one day late, and getting KICKED outta the HAMP program and tossed into Foreclosure, only NOT TO FIGHT BACK AND LOSE THEIR HOME OVER STUPID BS AND EMBARRASSMENT). Then imagine my shock when Citimortgage didnt hold up there end of the bargain and sold it to Us Bank(THIS DID NOT FEEL RIGHT-I FELT MISLEAD-PISSED OFF-I DID MY PART,JUMPED THRU ALL THE HOOPS AND YOU SELL ME DOWN THE RIVER?????) Thats when the gloves came off-I then consulted with an Attorney, which advised me to document everything I did, at the time and hell, tape record every convo I had with Acquras reps when I could until I get the desired result. I redid the process, and got my Trial Mod underway no hiccups, I used UPS for every document I sent that had to be signed for, got the names of the person who signed for them, and called them the instant they got my info.......and then the nightmare began...after 12 months of payments on time every time, my Homeowners Ins Agent called to find out why Acqura hadnt sent my homeowners insurance-it was 2 weeks past due and we were coming into Hurricane season, he called Acqura asking for the Premium-they ask him if I had current Homeowners Ins in place- he told them I did, put since they hadnt sent the premium from Escrow like last year, it was 2 weeks past due.....Acqura then PAYS the Homeowners Ins, then 1 week later sends a refund check with the premium and a LETTER SAYING I HAD BEEN DROPPED FROM THE HAMP PROGRAM FOR LACK OF PROOF OF HOMEOWNERS INSURANCE!!!!! Hell, by that time I thought MY LOAN HAD BEEN MODIFIED IT HAD BEEN A FREAKIN YEAR YA BUNCH OF MORONS!!! The next phone call I get is from Loss Mitigation asking me if I would like to short sale/Move out/Deed In Lieu, etc, and offering me a nice "walk away from your home" severance package. I played nice, said no thanks and HIRED ME AN ATTORNEY-I know many of you cant afford one, but you have to find one that is "battle tested" in this area of real estate/finance/consumer fraud/ hell , even some personal injury attys are starting to get in this game/YOU CANNOT FIGHT THIS FIGHT ALONE YOU WILL NOT SURVIVE IT BECAUSE IT IS EMOTIONALLY DRAINING ROLLER COASTER AND THE DECK IS STACKED AGAINST YOU IN THE WORST BACKSTREET VEGAS LOANSHARK CASINO ODDS IMAGINABLE AND IT WILL TEAR YOU AND YOUR FAMILY APART AND CONSUME YOU----YOU NEED BACKUP FOR THIS SHOOTOUT----IT IS WELL WORTH THE MONEY TO KNOW YOU HAVE A PROFESSIONAL YOU CAN TRUST---I DID MY DUE DILIGENCE AND NEEDED SOMEONE WHO HAD WON CASES LIKE THIS OR AT THE VERY LEAST "Settled Out of Court"...I did my own interview about how he went about his business and his WIN/LOSS RECORD----When you hire a coach to coach your team- you want a winner, but you also want someone who can explain why he lost the cases he lost because 1)YOU ARE PAYING FOR HIS SERVICES 2)HE WORKS FOR YOU 3)YOU WANT SOMEONE WHO IS DEDICATED AS YOU ARE ABOUT KEEPING YOUR HOME!!!!.......... but you need a "bulldog" who will work with you with their fees. My atty told me going in that its " $3k upfront, but I take payments, and we will get those back based on the info you have provided and that he could verify that they had acted in bad faith".....Even with an Atty, US BANK/ANYBANK/ALL THE BANKS will push the envelope of whats legal and whats not even remotely legal and more than likely will use the servicer as a scapegoat in the whole deal....Even after filing the "Complaint" with the court-the Bozo's went ahead with the Foreclosure sale, and its gonna cost them.....You have to go in with the motto "You do not have anything unless its in writing, and even then, it don't mean crap, unless you use later to prove your case in court" attitude, I began my daily trek to Office Depot/UPS Stores to document, fax,copy, notarize everything because I had this gut feeling that, after the Citi fiasco, that the Banks arent in it to "help people"....they are here to 1.Get Rich 2. Screw you, then ask for forgiveness later 3. Bulldoze their way to the most profitable part of the deal, the Foreclosure-profit for them, heartache and sorrow and pain and suffering for you-everybody wins! 4. Then basically try to wear you down, and try to EMBARASS you in front of your family and peers by placing your name in the local paper with you and your wife(Who isnt even on the loan) so that you cough up cash fast to keep it out of the paper. They want to use some sick,twisted perverted form of "peer pressure" on you so you dont want to have your name in the paper that basically says "Hey, look at me, I'm a dumbass for buying this house and paying too much for it, and the banks says I cant afford it, so I'm giving it back--hey we are gonna have a party on the courthouse steps, so if you like my house, come on down and bid on it so the bank can throw me and my family out of the house and sell it for more profit and take the cash they squeezed outta me and my family and put it back in the investors hands, and start the whole thing over again!!!" YAY US! The only thing that me and my attorney have recognized is that when US BANK and Acqura finally realized that they were in the wrong and that US Bank has basically "thrown Acqura under the bus to fall on the sword for this fiasco" as my attorney put it, the Banks pretty much think they can bleed you down to nothing, take your cash, then take your home if you dont get help and dont put up a fight. If you go into anything in the future, this means anybody, as far as a Loan Mod or HAMP Program, just know the end game is that they are gonna try their damnest to put you in foreclosure. Period. If they pushed the envelope EVEN AFTER WE HAD AN ATTORNEY AND A COMPLAINT WITH THE COURT, I can imagine them, JUST OUTTA THIN AIR,making stuff up, kicking out thousands of qualified HAMP prospects out of the program, and just getting all the foreclosures they can get before the Govt catches onto them, well after they have lined their pockets with the hardearned cash from the shattered American dreams of countless people! If you wanna negotiate with these people, the only thing they know is force....with a knee to the chest and a knife at their throat-is basically what we had to do to get any sort of settlement on the table. I will update you later.....
 

SoCalTrying

LoanSafe Member
Apr 30, 2010
9
0
1
We are long past the statute of limitations for debt collection in my state and I want to finally give a complete rundown of what happened to me. It was more than just a short sale. I'll explain.

First of all, I am extremely lucky. I had the help of wonderful people in my life who were also well-off. I wouldn't be able to give this happy ending story without them.

What happened was I went for about a year in strategic default during which I went through all the attempted mod nonsense I described above. Then I short sold to a wealthy friend. The short-sale amount was about 45% less than my original purchase price years before. I continued to live in the home. I made a side arrangement with the friend who acted as a sort-of lender. I paid him a monthly "rent/mortgage" with the monthlies based on his modest purchase price. In other words I was paying what I should have if my loan was modified which would have required the slightest bit of morality and sanity on behalf of Citi, USBank and whatever their servicer-of-the-day was which as described in this thread wasn't present.

After a few years title of the property was transferred to me. After another couple of years I owned it free and clear. Eventually I sold it and moved into a nicer home thanks to the sale of the first.

I'm extremely envious of the tenacity of Jrm above. I don't know if I could've had the stamina to continue fighting after what they described. Luckily I didn't have to.

There are some who might have ethical issue with the possibility of the short sale not being "arms length." To that my reply is... REALLY? Have you seen the colossal institutional corruption that brought us into this mess? Are you aware of the pain and suffering hard working honest people went through due to the years of deceit, insolence, dishonesty and outright robbery committed by these financial institutions because they could take advantage of struggling people who didn't have the means for elongated legal assistance? Just look what Jrm went through above and they were able to afford an attorney. I have no guilt. I took advantage of my fortunate position and beat the bastards at their own game.