Violation of California Homeowners Bill of Rights???

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mauriefr

LoanSafe Member
Feb 16, 2021
2
0
1
I need URGENT HELP, to STOP THE NOTICE of TRUSTEE SALE 3/8/21 (CA property).
Deed of Trust is under Gerald (father, unmarried) and Suzie, (daughter, married). Got a Loan of $600K, with $3,500 interest ONLY payment a month.
After few years, Suzie did a Quit Claim.
Florentina was not married to Gerald, when he got the loan.
4 different lenders changed hands, JP Morgan, Indy Mac, Indy Mac One West, Ocwen and
now, the 5th lender is PHH Mortgage. When Gerald suffered financial difficulty, he was promised by these 4 lenders a loan modification. He waited and waited... he suffered a lot of worry, lack of sleep, loss of appetite, got high blood pressure, anxiety, stress... led to his early UNTIME
LY DEATH.... heart attack/aneurism. Sadly & devastating! He died on Mar. 24, 2012.
Back in July, August, Sept. 2012 Florentina was given a Forbearance period to pay $1,400 a month
(I passed the 3 months).. then they gave me another 3 months (Oct, Nov and Dec. 2012, for $900.00 a month ( after they received my Financial Hardship that they reduced to $900)… Since then from Indy Mac One West Bank, to Ocwen, then to PHH.
June 20, 2019, I sent to PHH Mortgage, the 30 pages (combined docs, loan mod & business proposal), by FAX and by 2nd day UPS. They both received it. Mukesh Mahur, Case Manager assigned to this loan, told me that PHH Resolution Dept. received it, but did nothing about it.
He informed me that he will keep me update.... ONLY to receive a Notice of Trustee Sale 5/22/20,
later on, it was cancelled due to Covid Pandemic. I was informed again that they will notify me and keep me update?? … ONLY to receive another Notice of Trustee Sale 3/8/21 (this is the current Notice of Foreclosure that I need help to STOP the SALE of our property).
PHH is now claiming that the total amount owed is $993, 433.85
less $600,000.00 Principal Balance
---------------------
$393,433.85 COMBINED total past delinquency payments and past legal fees ( still going up on a monthly basis?)
I totally disagree with the above figures.... if ONLY these lenders kept their promise to Gerald and I, to loan modify....
the Principal balance would have been reduced.
the Monthly payment would have been lowered.
the Combined total of past delinquency payments and past legal fees, should not have been ACCELERATED!!
I felt strongly that we are being discriminated, neglected, and ignored!
If only they did the loan mod, my husband Gerald would still be alive by now. How do you put a price on the loss of your loved one??? and now they are doing the same thing with me... giving me a lot of promises, asked me to send documents, etc. but nothing happened?? Is this consider an Elder Abuse, False Promise, Business Malpractice,
or can I sue these lenders for Violation of California Homeowners Bill of Rights, for Lender abuses?
or am I qualify to reverse the Trustee Sale of 3/8/21 since they received my Loan Mod application back in June 24, 2019?
or May present the following options to PHH Mortgage:
Business Proposal Option 1:
1. either forgive, cancel or delete, the debt of Gerald, US Army, Deceased, in the amount of $600K, with $3500 interest only monthly payment.
2. Waive all the combined past delinquency payments and past legal fees.
NOTE: if only they kept their promise to loan modify, then this figures will not be accelerated.
or
Business Proposal Option 2:
1. Reduce the Principal Balance from $600K to $400K.
2. Lower the monthly interest payment from $3500 to $800.00
3. WAIVE all the combined total of past delinquency payments and past legal fees ( should not have accelerated if Only these lenders kept their promise, ) how long does it take to do a loan mod??
NOTE" these are 5 giant lenders changed hands, they buy out or merged, made enormous profits, and neither one took their time to take care of one military man's loan (Gerald, who served his country)?? it is really UNBELIEVABLE that these lenders are not there to help you.
My question, will you be able to help me with my scenario to STOP THE TRUSTEE SALE OF 3/8/21?? or is there a California Foreclosure Defense Attorney, who can help me sue these lenders, for Violation of CA Homeowners Bill of Rights, plus Lender abuses, etc?
Looking forward to hearing from you soon.
Thank you kindly.
Sincerely,
mauriefr

[email protected]
415 710 6410 cell
 

isisis

LoanSafe Member
Jun 22, 2010
1,839
258
83
North bay
Yes, there are things you can do to stop the sale. I'm in California and I've been fighting foreclosure successfully for eleven years. Let me just review your post and I'll let you know some available options. For right now, don't panic. Have hope and hang in there.
 

isisis

LoanSafe Member
Jun 22, 2010
1,839
258
83
North bay
It's nearly always possible to stop a foreclosure sale, by that I mean postpone, canceling is more difficult. Filing Chapter 13 or filing for a TRO and beginning litigation are two of the certain ways but they're also expensive. There are ways that don't cost anything. If I were you I'd start with the CFPB.

You're entitled to be considered for a modification if the application was submitted 37 days before the scheduled sale. Since you missed that deadline there's another way to stop a sale with a Qualified Written Request (QWR) within seven days of the scheduled sale. It's a little more complicated so let's leave it for now.

The way that might be effective in stopping a scheduled sale more quickly would be submitting a complaint to the CFPB. Agree to your complaint being published on their website, it will be anonymous. Here's a link to filing a complaint.


Here's some language you could use to get their attention.

PHH has scheduled an illegal, fraudulent and willfully oppressive foreclosure sale of my property at xxx on March 8th. PHH initiated foreclosure in contravention of the deed of trust's language providing that PHH must exercise the power of sale in compliance with applicable law. Instead both federal and state laws were violated. The federal protections in place under RESPA to protect borrowers were not adhered to. After accepting my application PHH was required to contract me and provide the status of my loss mitigation application. PHH was required to explain their decisions to me. PHH failed to do any of these things and instead sent a notice of sale.

You can elaborate and I'd suggest mentioning your husband's death in connection to their failure to comply with federal law.

No guarantees but its likely to make them postpone. If not there are other ways.

Here's a couple links to information regarding the rules they're required to follow.


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mauriefr

LoanSafe Member
Feb 16, 2021
2
0
1
isisis, thank you for your feedback. I need all the HELP I can get to SAVE our home. May I add something to my 2/16/21 thread/post.
5 different lenders changed hands. During Gerald living days he was promised to loan modify, nothing happened. He passed away in 3/2012.... I was given the Forbearance to pay a $900. a month and if I passed it, they will allow me to pay the same amount (since I live on a fixed income and financial hardship)…. this was during the Indy Mac One West Bank, then became Ocwen, and now PHH Mortgage.
Gerald passed in 2012 and up to now and during my present time, Loan Mod never happened.
HOW long does it take to do a Loan Mod??
If Indy Mac One West Bank gave me the $900.00 a month payment, why then PHH not doing the same??
It is really mindboggling! I watched Gerald how he suffered from all the anxiety/stress that led him to his early demise. I am losing a lot of sleep and experiencing anxiety and stress, as well. It affects my total well being (mentally & physically). I am praying hard every day, to have someone help me to SAVE our home.
May I share this to you all members:
I REALLY want to save our home from Foreclosure permanently... so that I can continue what Gerald and I started. Gerald (US Army, Deceased) and I, use to sponsor 20 military veterans (we feed them every Christmas Holiday... I used to do volunteer at the VA Hospital, as well). When we see Hungry & Homeless Veterans on the street, we would go to the nearest Burger King or McDonald and buy 5 different orders, and we would hand it to them, with a $5 bill, for each Veteran. We would see their eyes glitter and have their faces with a smile. This gave us a lot of inner happiness. This is our own World of Humanitarian and Philanthropy... that I would like to continue in honor of my beloved late husband, Gerald. This is the reason WHY I am very PASSIONATE in saving our home... because I have the PASSION to make a difference in the lives of others. I just thought of something, would all those Billionaires be able to help us, Loan Safe members, with our financial problems?? like Jeff Bezos, Michael Dell, Michael Bloomberg, Zuckerberg, Soros, Winfrey, Shark Tanks, etc???How can we reach out to them?? Haves vs. Have nots?? If the Haves will open their mind to help the Have nots, and get some profits from helping the Have nots, would it be a better world to live in??? is that consider a Win Win situation for both sides?
thank you all,
mauriefr