|
I joined the group probably back in Nov 07. And have only posted a couple of times. But I do appreciate the help DM attempted to provide me. But I still haven't acted with a R4C mainly because I've been confused with learning so much.
So in a nutshell I'm like the victim they talk about Mr. Lents in this story this thread was originally started with. I attempted to refinance my home.
Unfortunately for me I didn't realize how bad I was being lied to on the refinance of my home. Yes I borrowed money and realize someone should pay for their expenses to live somewhere.
However after coming here I realize a whole lot more. I think the main reason why I at this point I've never followed thru with a R4C is because of my own ignorance in proceeding in such a case.
While I do have a banking background I'm not an attorney. But I've ended up reading enough cases to know I was screwed royally not only by my originating mortgage company but now by my own bankruptcy atty, and trustee.
As by missing three pymts on my 2nd mortgage a total of $801 and trying to do the right thing all I could get out of servicer was the run around until right before they attempted to foreclose in June 06.
They attempted to file for foreclosure with one of their sucessor trustee things. No assignment was ever recorded in my case prior to this filing.
What has been found out after all of this in bankruptcy court is that they have no clue who actually owns my debt. I found out my atty could of done things to help us in bankruptcy court.
While he got them to prove they don't know who owns and got atty dismissed with prejudice he dropped the ball after this. The dismissal with prejudice also had an order that they receive no pymts on note. Regular monthly installments or trustee arreage pymts.Has tried telling me my case has no merit. He also sent a letter to the trustee acknowledging that we thought they filed a false proof of claim in court. As they knew when the foreclosure sale was stopped initially they didn't know who owned my debt. So why ever come to court knowing you don't have docs?
However, I've also found a case here in Mo almost identical to mine where someone's atty did follow thru with a complaint/adversary in bankruptcy court. In actuality by an attorney with National Association Consumer Advocacy here in STL MO. Who told me this and that about the cost and how lucky I'd be if 3 out of 10,000 bankruptcy attys here in St. Louis actually knew what their doing inside bankruptcy court.
So because of an inept atty or illegal methods of attys to lie and deceive my bankruptcy was dismissed in Jan 08. I did attempt to start rectifying things with court again in Dec prior to dismissal but my attys attitude is no money no help. While he lied to us from the moment he was hired. So now because they didn't handle properly in bankruptcy court I've been told to do something I need to file it in state court.
However, I know they've attempted to create diversity jurdisction. The case I'm referencing that's been handled properly here in Mo is in Bankrutpcy case name Rhonda Lewellan. If you have a pacer acct you can find things you'd never imagine about the right USC code violations.
But while I can identify these I've been unable to find an attorney to help me. Not surprised anymore. However I'm desperate to put this crap to bed.
So how would you move forward? As since all of this happened I've found I believe errors in the origination that from the case I read noted above actually allows 6 yrs for recission instead of the 3 usually told to us?
I'm apprehensive in filing anything to put fire on me. I've already been thru enough. The way my 1st is written it'll cost me $60,000 extra on top of all their other bull**** just by giving the broker the ysp on the back since he made origination fees as well.
But with everything that's happened I need to address them now. The 1st wants to do a modification. However, their not giving us credit for the pymts we made in bankruptcy. Not sure why yet. The 2nd is continually calling wanting money although we've proven they don't know who owns our debt. So I just hangup on them or curse them. I'm not usually this way but so POed by how to fix this I'm beyond disbelief. Especially since the whole thing that put me into this mess is that the employer I worked 4 for over 2 1/2 yrs never had it in their contract to sell mortgage notes as I was told when I accepted my position with them.
Lie, Lie is what they do. **** I even offered them clients to buy their crap from them and still couldn't make money to pay them. The main reason on one transaction is because said lender seller still wanted to make money on something they sold. Some business transactions allow for such things like gold mines or maybe an ongoing purchasing arrangement or commercial financing. But seriously to want to make money on some deficiency balance notes I'm flabbergasted.
The economy today is because of all of these entities lying to all of the hardworking people who end up supporting their lavish lifestyles. What they forget though is every person puts their pants on the same way rich or poor. And the judges are covering for all their BS except for the one's now requiring PRESENTMENT OF NOTE vs. so called accepted practice of copy.
So will a R4C make this happen? Will it stop them in their tracks? Does the originator get one along with now lender and servicer? How do I make sure this atty I hired is stopped from giving such poor representation again? Also after all his lies and crap I found out he works for a chp 7 trustee. Or the bankruptcy trustee who chose to do nothing about their false presentment even if the $500k penalty they should of endured goes to the court?
I feel any type of appeal would fall mute on them at this point. But I do want justice! If anyone has great words of encouragement please assist!
Thanks,
Kathy
|