Settlement And Damages

Annie Mac

LoanSafe Member
Aug 19, 2011
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Oregon
We vent in postings here, anyone close to us heard our tales years ago, our friends say we start sounding like lawyers, quoting regulations and violations. Many of us have had added family crises, health issues, not to mention damaged credit reports, clouded chain of title, money spent on the battle as months turn into years. Now, I need to give my proposal to Chase for settlement. After this long a period, how does one place a monetary value on ignored QWRs? On multiple loan mod applications with no response, on denials without cause, on attempts at foreclosure?On years of one's life dealing with this? What is the value of a year of your life? I would like to ask for concrete information you have seen with other homeowners or your own experience of placing value on these things which are beyond value. Silly, I know, but this whole game has been irrational, and the stress both emotionally, physically and financial is something others have no idea about unless you have been one of the people fighting for their home.
 

wanda robo

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Sep 29, 2012
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Annie Mac,

I am continually amazed that my family has stood by me-had to go through five years of stuff to prepare to fight my foreclosure. Apparently, Chase had me really crazy in 2012-boy , I'm embarrassed at how angry my letters were back then. In addition to everything you just mentioned that I've also had to deal with, I lost both my parents, during this fight.
All I can say is we have to keep fighting, we didn't put ourselves in these positions, but we have the power to shape the outcome, and be better people for it.
 
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Moe Bedard

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That is one of the main reasons I created LoanSafe was for you all to share and learn from one another. To find a way to cope with the stress.
In all my years doing this, I can say that without a doubt that this whole process is one big conspiracy where this stress and these headaches caused by mortgage servicers is intentional.

If I was to put a price on it, I would say many of you could have a great lawsuit that would be worth a lot of money for your emotional duress that I feel is purposely created.
 

isisis

LoanSafe Member
Jun 22, 2010
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I know what you're saying, Annie Mac, very personally too. I lost my father and a year later my best friend my Golden Retriever. (My avatar is her replacement although she was in fact irreplaceable).

But help me understand, you are in a position in which you can determine damages owed? How did this come about?
 

wanda robo

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Sep 29, 2012
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Annie Mac,

Shoot for the moon. Your words are true-you can't put a dollar amount on human suffering. Aim high, because they are going to try & negotiate, anyhow. It's not like you lost a piece of jewelry, you lost years of your life, that can't be replaced.
 

isisis

LoanSafe Member
Jun 22, 2010
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What I should have said was congratulations for having gotten them to the table, hats off to you!
Hmmm, damages, those come in various varieties, compensatory, exemplary, punitive, this is tort, right?
One thing you might want to do is compute the number of hours over this period of time that you'd been forced to devote to defending your home and multiply that by the amount you earn an hour. Add on to that any additional expense that have resulted, any consulting fees, office and postal costs, medical costs if the stress effected you physically or mentally, maybe charge
them for defamation of character if the paper published anything about a foreclosure.
You might want to research intentional and negligent infliction of emotional distress to see how it damages are determined in court.
 

Royal Delta

LoanSafe Member
Sep 25, 2013
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Last week, a trial jury awarded a homeowner in California received $16 million in damages. That was of course at trial. That was of after years of being jerked around by his servicer while trying for a modification. He showed the jury a huge stack of correspondence he'd had to deal with. He'd had also had almost a quarter of a million $$ in legal fees.

His lawyers - who did a great job obviously - will receive 40 percent. Maybe this will get other lawyers interested in educating themselves and taking on these cases.
 

isisis

LoanSafe Member
Jun 22, 2010
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North bay
Hi Royal Delta,

Wow that's good news. If you have it could you post the name of the case? I'd like to read it and might want to cite the ruling in my next letter to my servicer.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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634
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Hi Royal Delta,

Wow that's good news. If you have it could you post the name of the case? I'd like to read it and might want to cite the ruling in my next letter to my servicer.



Hi Isis,

It's Linza vs PHH Mortgage. Mandelman Matters has 2 great podcasts on the website interviewing the attorneys. Lots of good info if you listen to that.
 

wanda robo

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Sep 29, 2012
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If you guys have time, you really should listen to the podcasts. One of my favorite lines from the first one is when the lawyer says " How is it that they can refinance a loan in 2-3 weeks, but it takes 3 years to MODIFY a loan?"
 
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wanda robo

LoanSafe Member
Sep 29, 2012
3,941
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We vent in postings here, anyone close to us heard our tales years ago, our friends say we start sounding like lawyers, quoting regulations and violations. Many of us have had added family crises, health issues, not to mention damaged credit reports, clouded chain of title, money spent on the battle as months turn into years. Now, I need to give my proposal to Chase for settlement. After this long a period, how does one place a monetary value on ignored QWRs? On multiple loan mod applications with no response, on denials without cause, on attempts at foreclosure?On years of one's life dealing with this? What is the value of a year of your life? I would like to ask for concrete information you have seen with other homeowners or your own experience of placing value on these things which are beyond value. Silly, I know, but this whole game has been irrational, and the stress both emotionally, physically and financial is something others have no idea about unless you have been one of the people fighting for their home.



Annie Mac,

Just wondering how you were making out with Chase?
 

Annie Mac

LoanSafe Member
Aug 19, 2011
587
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28
Oregon
Patience Grasshoppers. This is all in process. Cannot speak to it at the moment, as you all understand. In time, though, I hope to give the details . What is another few weeks or months, when it has already been years, and they have been slow years. It is helpful, though, to hear of the coping skills of many people on the list. These are important stories to hear and share; what would we all have been able to do over the course of the last five to six years if we were not fighting to save our homes? Instead of defending our shelter, learning the intricacies of laws that were changed, legal terminology, keeping up to date on foreclosure cases, our lives would have had the space for creativity, for writing, for artwork, to do a better job at our careers, time to devote to giving to others, coaching soccer games, teaching skills, being involved in the natural environment around us, and caring for it, helping family members, caring for elders and children, taking care of our bodies through exercise and diet, not to mention relaxing and living more stressfree. A great loss of human resource has been a high toll. These postings are filled with mention of health crises, death of family members and even the homeowner, and repeatedly, the divorce of the homeowners. The criminal behavior of mortgage fraud has been detrimental to the nation, but the quality of life and human resource loss will be a toll which will continue to be paid in the generations to come.
 
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wanda robo

LoanSafe Member
Sep 29, 2012
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AMEN! Please, oh please, kick Chase's butt. Annie Mac For President! I for one, know the tremendous toll this has had on my daughter, who listens to me ramble, on & on, about learning the law, in order to defend. She was raised to know the difference between right & wrong, and can't comprehend a word I say when I speak about my case. To her, it's so innocent "You're right, Mom, why do you have to learn all that legal mumbo-jumbo?" I turned her down to go to dinner, the other night, because I got my Plaintiff's Motion for SJ, and couldn't even stand myself, let alone her. Is that right?She is the LOVE of my life, how could I do that to her?
 

Annie Mac

LoanSafe Member
Aug 19, 2011
587
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Oregon
Wanda Robo, This has become far more of an endurance test than any of us ever could have dreamt of. We all have peaks and pretty low valleys in the process. The fraudsters count on us succumbing to human emotions. The people who do not feel that, walked a long time ago. Maybe some of us will yet walk too. But, your daughter is watching you survive. Yes, it would be nice if it was just answering some mail and going out to dinner when we wanted to. At one time, I could not get over the mountain pass in the winter to one of my children in ICU in a coma, because I had a court hearing the following morning. Looking back, it was a call I made, but do not feel good about. Doing this is essentially a fulltime job to stay on top of. Sometimes I wonder why this group of people need to go through all these trials to learn these lessons and skills. Why do our children need to watch these events? They are learning , for whatever reason, what it takes to survive, the persistence necessary. There is not a one of the people fighting for their homes who are doing it half- heartedly; each one is full-tilt passionate about their home, their land, and the justice for it to not be stolen. I would choose any of you to survive on a desert island with me. These are the ones who will not give up when it gets rough, who have heard all the lies coming in new formats, and still push on. The game has gotten dirty, the maneuvers are more and more devious, and everyone questioning how could this have happened, when realizing that the laws have been changed to support the banks, is normal. All we can do is celebrate the things we have accomplished. We must be a real hassle to a few banks.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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My friend, human suffering, knows no bounds.My husband who is 20 yrs my senior, has buried 2 of his children, from another marriage. Our child is absolutely a gift from God (at age 55) . It is and will, continue to be overwhelming to all of us.
 

isisis

LoanSafe Member
Jun 22, 2010
1,797
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83
North bay
This is weird, because I understand what you're saying about what appears to be wasted efforts in fighting an impossible battle against enormously powerful and corrupt corporations but I've found so much in it to be grateful for. Trust me it's not my nature to be so sanguine and bare in mind as well that so far at least I've been one of the few lucky ones. Maybe it's just that there's nothing quite like being in a righteous battle. It's been amazing for me to find that ordinary people like ourselves can use the law to stand up to these guys.
It does sadden me terribly that so many people have lost so much and it saddens me in a different way that so few even tried to fight back, probably in many cases because they didn't know how to. I wish there was a way to reach out to people facing the loss of their homes and show them ways of defending their rights, though it is as you were saying an exhausting and overwhelming undertaking.

Something else I was thinking, Annie Mac, is that you may end up with a non--disclosure clause in your agreement. If that will be the case any bread crumbs you drop along the trail now might be useful to others.........
 

Royal Delta

LoanSafe Member
Sep 25, 2013
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I just wanted to say I admire you guys immensely. And also, divorce seems to happen all too frequently. The banksters have destroyed many lives. And ,when thinking of damages, the legal term is that you were prevented from "fully enjoying the property" - how could you when the banksters were trying to steal it?
 

wanda robo

LoanSafe Member
Sep 29, 2012
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I would certainly echo Royal Delta's response. Or, as they say in legal Mumbo-jumbo "I would like to associate my response's and agree with Royal Delta." Inspiration, has come for me, from the unfortunate suffering from us all on the forum, as well as the love & support of the forums.I am a half glass empty, kind of person, but the forums, have turned me into a half glass filled person. ADMIRATION, LOVE, SUPPORT is what I have now, thanks to every single one of us, who have shared our experiences.
 
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val4747

LoanSafe Member
Jan 5, 2010
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All of you are so courageous. I too lost a daughter while doing the battle. But I am not going to lie down and just let them beat me to death. You all have carried me a long way Wanda, Royal, Annie, Isis etc. The emotional duress has been significant, but, I will keep on because I am a survior and I will succeed.