Have YOU stopped foreclosure on a property?

[valtekk]

I recently assisted a friend in filing an Order To Show Cause along with a motion for discovery in stopping a foreclosure sale. Actually we had to do it twice because the first time my friend did not follow my instructions and allowed the judge to get her to say that the CPN she tendered paid for the mortgage. So the judge threw it out and the sale date was resceduled, so on the we entered another order to show cause siting that the MC did not provide full disclosure that the original PN funded the money for the house etc. Now the judge has set a new court date for the 11/17/2004. will keep you posted on the outcome

[wirlwind]

Charlotte,

If Dorian handled your termination, why are they not handling the problems with the foreclosure sale. Have you let them know that they are proceeding with the foreclosure sale. If the deed has been reconveyed, what are they going to sell?

Donna

Donna - Good question. The Dorian Group felt the Chapter 13 was my best bet at this time. Apparently, some mortgage companies will proceed forward with a planned sale despite the reconveyance. This would eventually be overturned but because we don't live at the property (purchased as a get away and in a remote area) there was no guarantee that the "purchaser" wouldn't plunder our belongings in our absence. If you are living in the house a different set of rules apply. The reconveyance was filed on 10/18 and as of 11/8, The Dorian Group hadn't yet received the filing from the county recorder and wasn't aware it had been reconveyed, until I told them. I don't even know if the mortgage company is aware of the reconveyance yet. I thought the RESPA letter would prevent the sale as the Chapter 13 wasn't my first choice- but it was looking like they were going to ignore it and move forward anyway. You could say I'm building my case in the event that the mortgage company doesn't walk away peacefully. Relative to next steps I'm waiting to hear back from someone at the Dorian Group who can explain exactly what happens next.
Charlotte

[wirlwind]

Charlotte,
My cousin is facing some of the same issues. They have threatened to foreclose, but when she sent the RESPA letter, they postponed the sale until the end of this month, and then Dorian filed a lawsuit, including a RICO and now they have postponed sale until after the first of the year. They are including everyone in the lawsuit, including the lawyers that have handled the "foreclosure." The attorneys for Dorian told my cousin that even if the mortgage company backs off of the foreclosure, and reconveys the deed they are going forward with the lawsuit. Some of these mortgage companies are getting nasty. We are doing it also. Even though it has actually been about 6 months since we have made a payment to our mortgage company, and it was only about 3 when my cousin's mortgage company started foreclosure, so far my mortgage company is trying to get us to send just one payment and they will bring our account current by such and such a date, or they will have to begin foreclosure proceedings. They haven't reconveyed the deed however. The mortgage termination has been filed by Dorian at the courthouse on ours. Keep us posted on what happens.
Donna

Originally Posted by cmastors

Donna - Good question. The Dorian Group felt the Chapter 13 was my best bet at this time. Apparently, some mortgage companies will proceed forward with a planned sale despite the reconveyance. This would eventually be overturned but because we don't live at the property (purchased as a get away and in a remote area) there was no guarantee that the "purchaser" wouldn't plunder our belongings in our absence. If you are living in the house a different set of rules apply. The reconveyance was filed on 10/18 and as of 11/8, The Dorian Group hadn't yet received the filing from the county recorder and wasn't aware it had been reconveyed, until I told them. I don't even know if the mortgage company is aware of the reconveyance yet. I thought the RESPA letter would prevent the sale as the Chapter 13 wasn't my first choice- but it was looking like they were going to ignore it and move forward anyway. You could say I'm building my case in the event that the mortgage company doesn't walk away peacefully. Relative to next steps I'm waiting to hear back from someone at the Dorian Group who can explain exactly what happens next.
Charlotte

I DON'T SEE HOW FILING CHAPTER 13 IS GOING TO HELP YOU. AREN'T YOU SUPPOSED TO HAVE DECENT CREDIT TO RE-FINANCE AND PAY DOREAN GROUP? THIS IS GETTING VERY CONFUSING. CAN YOU EXPLAIN A LITTLE MORE ABOUT THE DIFFERENT SET OF RULES IF YOU DON'T LIVE IN THE PROPERTY?THANKS

Hi PJT04,

The Chapter 13 will prevent the mortgage company from proceeding forward with the sale on the 17th. Even though the sale would be overturned eventually, our concern was for our belongings as we are only at the property periodically. If we lived there the "purchaser" would not be able to get us out easily and motions could be filed to halt that process. Meanwhile, a federal case will be filed against the mortgage company to enforce the reconveyance.

In bankruptcy proceedings, the option of voluntarily pulling out exists. If I were to execute this option there would be no negative impact on my credit report. Charlotte

You can always get your credit cleaned up. Any process that takes on this system is going to have a horrific effect on your "credit". They OWN credit. They invented it, and re-created the defintions of "debit" and "credit". Credit used to mean that I had an asset on record with someone. They have strategically changed the meaning into something entirely the opposite. Anyway, I have been in touch with a company that has been doing credit correction for nearly 30 years, and they have a HIGH level of success. Contact me if you need help with this. I know DG also has a resource that they refer to as well.

On to our drama...

Sorry it's been so long not posting, and thanks for everyone's support. It's been a wild few weeks...

I filed a Federal suit on Friday, Sui Juris (Thank you very much, SJ!), against Homecomings Financial Network, Inc. and everyone who has ever handled our "loan" from its inception. This included a Lis Pedens notice, which was shown to be genuine with both the District Court, and the County Court where our sale date is scheduled on Thursday. The Complaint, Commercial Affidavit, Supporting Brief on Money and Bank Credit, Exhibits, and eight pages of other complains I found online, ended up being about two inches thick. And that's just the appetizer... The Clerks were very impressed, and one of the "floor attorneys" who came out to look it over, said "That looks like a solid complaint to me." The LORD is with me. I'm not that put together!

Even though the face of our Lis Pendens Notice quotes the Lis Pendens rule for our state, and clearly shows that their proceeding with the sale would be unlawful, they have not yet responded to my Complaint and Summmons. They have shown a habit of disregarding the law, and then cleaning up the mess later. If there is one. They're not used to people doing more than threatening. But I have become a pimple on the face of the beauty queen. And they can now no longer ignore me. One company did call to see if I would please remove their name from the stlye of the case...before business hours the next morning. Interesting. It must be a "solid complaint". They have 20 days according to law to respond to the Summons, and by then it will be too late with regard to the foreclosure sale. I guarantee you they did not count on getting a Federal complaint from "little old me". They have bitten off a LOT more than they ever imagined. And I have a stack of proof of their negligence that is about a foot high now, and growing...

Anyhow, one of the only two guaranteed ways I can get this foreclosure sale stopped is to request an emergency hearing with the Federal Judge, asking for a Temporary Restraining Order (TRO as I've learned they call it in the biz...) until the case is heard - and I did demand a Jury Trial. But to get this requires a bond to be posted, which is determined case by case and on the spot be the Judge. I can't afford any kind of bond right now. It could be anywhere from $1000 - $50000. Forget it.

The cheap way to get the same solution is to file Chapter 13, as a number of you are experiencing too. Which we are going to have to do today as well. That's fine. I will simply ammend my complaint for an additional six figures in relief from these 'maraurders of justice' for forcing my family into mandatory bankruptcy, or homeless status. And the years of financial difficulty we are going to suffer as a result. Or I will file another suit in Chancery court on this matter seperately. Regardless, their arrogance will come back to haunt them. And I can get the credit cleaned up any way, so it won't hurt for very long.

There is a revolution afoot, and we are all a part of it. Don't back down, people. We only have rights to the degree that we state them articulately and demand them from those who should be protecting us in the first place.

Stay strong - and I will be in touch soon.

BTW, this new site looks AMAZING. Kudos to SJ.

Thanks For Keeping Us Posted Onemaster. I Guess Lawsuits Will Be Flying Left And Right. This Might Be The Only Solution For Now. I Hope Things Work Out.

The Whole Chapter 13 Issue Is Still Unclear To Me. I Know Many People Are Going This Route As A Last Resort But I'm Just Curious To Know How Fast You Can Clean It Up From Your Credit File. I've Heard Of Companies That Claim To Remove Bankruptcy From Credit Files In 2-3 Months.
How True Is This?

[wirlwind]

Sounds good OM. Continuing to pray. Am very impressed with what you (and the Lord) have done.

Donna

update - the law firm handling the trustee sale of our property called me today to say that they are proceeding with the sale tomorrow morning at 9:00am. Their claim is that because I quit claimed the property to the Dorian Group, it's not covered by the chapter 13 even through the house and mortgage company are listed in the Chapter 13 filing, I'm waiting to hear back from the Dorian Group on next steps.

A few questions for the group 1) since the law firm never notified the Dorian Group of the sale, shouldn't this alone invalidate the sale and 2) When the property is sold and a sheriff's deed is issued how are they able to enforce this deed? (the reconveyance was filed on 10/18 which means that technically, the mortgage company has no legal claim to the property). The reason I'm asking is that the sheriff's office told me that once they sell it they will see to it that I am physically removed from the property and advised me to have our belonging out today (the property is about 8 hours from our current residence so that can't happen). Thanks for the help. Charlotte