NONE OF THE BANKS EVIDENCE DEMONSTRATES STANDING TO FORECLOSE–SO SAYS THE COURT!
Ok Sara or Steve, we get the phone number but do you have a website? Seems I can't find you anywhere but here and would like to see a website to see just what you have to offer. Is this also a place were anyone can tell about the services that they are aware of that offer help fight mortgage fraud?
EVALUATE THE ASSIGNMENTS SAYS THE UPPER COURT!!
Sec. 15-1505.5. Payoff demands. (a) In a foreclosure action subject to this Article, on the written demand of a mortgagor or the mortgagor's authorized agent (which shall include the mortgagor's name, the mortgaged property's address, and the mortgage account or loan number), a mortgagee or the mortgagee's authorized agent shall prepare and deliver an accurate statement of the total outstanding balance of the mortgagor's obligation that would be required to satisfy the obligation in full as of the date of preparation ("payoff demand statement") to the mortgagor or the mortgagor's authorized agent who has requested it within 10 business days after receipt of the demand. For purposes of this Section, a payoff demand statement is accurate if prepared in good faith based on the records of the mortgagee or the mortgagee's agent.
(3) the loan number for the obligation to be paid, the address of the mortgagee, the telephone number of the mortgagee and, if a banking organization or corporation, the name of the department, if applicable, and its telephone number and facsimile phone number.
(c) A mortgagee or mortgagee's agent who willfully fails to prepare and deliver an accurate payoff demand statement within 10 business days after receipt of a written demand is liable to the mortgagor for actual damages sustained for failure to deliver the statement. The mortgagee or mortgagee's agent is liable to the mortgagor for $500 if no actual damages are sustained. For purposes of this subsection, "willfully" means a failure to comply with this Section without just cause or excuse or mitigating circumstances.
(d) The mortgagor must petition the judge within the foreclosure action for the award of any damages pursuant to this Section, which award shall be determined by the judge.
(e) Unless the payoff demand statement provides otherwise, the statement is deemed to apply only to the unpaid balance of the single obligation that is named in the demand and that is secured by the mortgage or deed of trust identified in the payoff demand statement.
(f) The demand for and preparation and delivery of a payoff demand statement pursuant to this Section does not change any date or time period that is prescribed in the note or that is otherwise provided by law. Failure to comply with any provision of this Section does not change any of the rights of the parties as set forth in the note, mortgage, or applicable law.
(g) The mortgagee or mortgagee's agent shall furnish the first payoff demand statement at no cost to the mortgagor.
(h) For the purposes of this Section, unless the context otherwise requires, "deliver" or "delivery" means depositing or causing to be deposited into the United States mail an envelope with postage prepaid that contains a copy of the documents to be delivered and that is addressed to the person whose name and address are provided in the payoff demand. "Delivery" may also include transmitting those documents by telephone facsimile to the person or electronically if the payoff demand specifically requests and authorizes that the documents be transmitted in electronic form.
(i) The mortgagee or mortgagee's agent is not required to comply with the payoff demand statement procedure set forth in this Section when responding to a notice of intent to redeem issued under Section 15-1603(e).
I live in Texas. If I want to get a complete package of my recordation of title, what do I need to ask for at the clerk of court and what should I be looking for to ensure my lender has no right to foreclose? break in chain of title due to MERS??
We need an attorney in Texas who get its.
Need a lawyer in ND…can anyone suggest one?
Need attorney in Louisiana ASAP!!!!!!!!!!
I am trying to help my friends save their home!!
Kay has Parkinson's Disease and Marty has been battling cancer. In the last year Kay has had four surgeries. Two were to put the leads in her brain for DBS and two were to implant the neurotransmitters that control the electrical impulses that are sent to her brain constantly to help control her Parkinson's Disease. Marty has spent more than five months in the hospital over the last year with his ongoing battle with cancer. All this while trying to raise a seven year old boy.
In 2007 their home burned to the ground and they lost everything. They spent the next year battling with the insurance company who did not want to pay according to the policy. Eventually the insurance company was not given a choice and they were forced to follow the contract and pay according to the policy. This is when the fun began their mortgage holder US Bank tried to take the entire amount of the check even though the Check was issued to cover both the amount of the structure that was burned but also the contents of their home. Well the Judge did not think that was fair and not only made US bank give the money up but also slapped US Bank with contempt charges for the stunt.
This two court cases took almost $10,000 from what should have been money to replace what they lost.
Shortly after they got their new home Kay noticed that their payments were not being applied correctly on their mortgages. Two payments were even sent back to their bank sixty days after they had made the payments.
Because of all the medical issues they have faced in the last year they were having trouble making their mortgage payment so they hired a firm out of Florida to help the do a Modification of their mortgage. The firm told them not to make any payments because US Bank was not applying the payments correctly. Now that firm has taken their money and is now saying sorry we can't help you .
Kay and Marty have been told that they are facing foreclosure and in less then 30 days their home will be put up for auction. I have requested help from Georgia Legal Aid they were very nice but the strict guidelines that are used to qualify someone for help does not take into account that Kay and Marty are both on Social Security Disability and the have to pay for private health insurance for Marty, because you don't get Medicare for two years after you qualify for Social Security Disability. Nor do those guidelines take into account the other healthcare expenses they have on a monthly basis.
What I am trying to do is find an Attorney in Georgia that will take their case Pro-Bono and help stop their foreclosure and help them get a modification done on their mortgage..
I want to know about the cases of OCWEN FEDERAL BANK that have been investigated from past & present if any exist at all ! please thank you.
I need an attorney in Oklahoma. BoA notified me that my home is being reviewed for foreclosure. I applied for a loan mod over a year ago after my husband's death. To complicate matters, I did not sign the note but the title company added me to the deed in joint-tenancy, and at death the home passed to me. I have not removed his name from the deed, but I'm wondering who BoA can take my home when the title passed to me. They tell me I can remove his name at the court house by showing a copy of his death certificate. I paid a reduced payment by forebearnce since I applied for the loan mod, but this month, stopped paying. I have sent documents 4 and 5 times, after told each time that my (husband's) account was showing up in their system in threes "places." Supposedly, it is now in the hands of BoA to make a decision about the modification. I'm wondering how BoA can modify the loan when my husband has died. I so confused and upset but thankful that none of this mess in on my credit, at least not yet.
IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!
I just got off the phone with a title company, who is listed on my old mortgage paperwork, that represented the mortgage company servicing my loan in 2003 for two months.
I asked her why they didn't record a 'Release' with the recorder's office, when it changed hands to a new servicer? She said they Recorded the mortgage for them, but they weren't responsible to record the release. I told her that I was charged for a Release in my paperwork.
I asked her, if the new servicer can just ride on an old out-dated recording? She said, Yes! She said, the new servicer takes it over and they don't have to record anything until it's paid in full.
I told her that all of the past mortgage companies show releases under my name. I told her that the law states it must be recorded /released and in the current servicers name to be perfected. She said that may be how the law reads, but that's not how it works out here, I told her that we all should play by the same laws don't you think? She didn't respond.
A great example of title companies helping mortgage companies cover the fraud.
I am looking for an attorney. The only problem here in Corrupt Illinois is, you can't find one to represent you 100%. Do you know why that is? Check it out sometime. Do you know what the 'BAR' stand for? This is a good place to start.
I have emailed Elliot Jessop from Jessoplaw.com, because he is a lawyer listed here, "Who Gets It" and he never responds. Guess he doesn't get it.
Scott I would recommend that you seek competent council from an experienced real estate attorney in your area. Even if your facts are good, you may find it very difficult to prevail due to procedure. I am not an attorney but it has been my observation that if it comes down to the court, the more experienced trial attorney has a better chance to obtain a reasonable outcome. I have observed cases with very good facts destroyed by procedural mistakes made by pro se or inexperienced attorneys. This may be the water you are wading into.
Case? To take possession of my home. Free and clear! There hasn't been a deed recorded since 2003 on my property.
I'm tired of talking about it on these types of sites. It's all dinner table discussions and no action.
My goal is #1 to hold the mortgage company accountable for a three month delay in responding in an unresponsive way, to all questions from a QWR/TILA request and #2 place them on Notice that I am seeking interest / possession of my property because of an unrecorded deed since 2003. They can't produce the original note. They sent me a copy that was never notarized. My mortgage has changed hands 6 times since 2001 and I am current on my mortgage.
Scott? case to do what?
Is anyone home? No one wants to speak up on my past topic I guess. Does anyone know if I have a good case?
Lisa D What is your email?
Does anyone have a comment or advice?
I'd like to say that I'm current on my mortgage, but would like to seek information on how to obtain or claim all interest in my property.
There's a couple of UCC filings coupled with security agreements recorded against my property. In Illinois, who ever files first in the county, is the first in line, should something happen.
So, if the recorder's office tries to back date a corrupt deed filing on behalf of the mortgage company, prior the UCC filings, I'm afraid that would make them just as guilty as the mortgage company. Anyone have any suggestions?
I am looking for expert advice with regards to an unrecorded deed involving my property in Illinois. A mortgage company is listed, that went out of business years ago and there's no corresponding release recorded at the recorder's office. I have paperwork that shows the mortgage changed hands. The past three times my mortgage changed hands in the past few years, it was never recorded. The current mortgage company has not recorded the deed. I have time stamped proof of this fact.
I sent a certified QWR/TILA last November, that the mortgage company finally responded to, in March 2010. They said that the QWR lacked legal recourse and totally ignored all questions. They did send copies of the deed and mortgage and the Chain of Title.
My question is…I want to know if I can file a motion against the mortgage company placing them on Notice, that I am seeking possession and interest of my property for not adhering to Illinois state laws?
Illinois is a Race/Notice state.
LOOKING FOR FORECLOSURE ATTNY IN ILLINOIS WHO GETS IT! PLSSSSSSSSSSSSS HELP. THANK YOU!
I Need an attorney in Atlanta who gets it ASAP. Can you recommend one?
I would lke to know if i can take this class in the state of MD that is being offered on the website. Is the class done online or in a location in AZ or CA.
I'm in MD and also need an attorney that gets it. How do I find your list of attorneys that we can interview.
I am looking for an attorney who gets it in Michigan and Ohio.
i am in hawaii, i am searching for an attorney who gets it.
my forclosure case is finished, and went undefended for lack of money to get an attorney, however no one shows u at the auction so the lender still lets me stay here and sends me offers periodoiclly, my loans were with countrywide, which transfered the to "new york BONY" and charles swab, who then transfered them to BOA who now has them i do not know if mers was ever involved. Anyt attorney interested in getting involved lease contact me. Also how can you reoen a forclosure case with the new information now avaiulable from this web site?
I am attempting to locate the attorneys involved in the potential class action in Missouri mentioned on one of the blogs. We live in Kansas, and have been getting the runaround by Chase for nearly two years and need a good lawyer who can practice in Kansas.
Need Az., Lawyer to talk to about countrywide mort.
I would like some advise on what I should do. I filed a complaint against my lender and broker Pro-Per back in October 2007. The basis of my complaint is that my loan documents were forged and was the victim of predatory lending. I filed Pro-Per because I was unable to afford a lawyer. I have been able to survive two different Demurs and Motions to Strike and Motion for Judgement on the Pleadings and have a trial date in March 2010. Over the past two years I was always careful to follow the court's procedures and comply with all deadlines. In May 2009, I hired a lawyer that read my story that I posted on this website. When I met with her, she was confident that she could help me and was very convincing. I felt she had the same passion that I did to fight against predatory lenders and win my case. I informed her up-front that I did not have much money. I paid her a retainer and she said I could work on her home and also file court papers as she needed me. At the time that I hired her, I was about to attend a deposition by defendant. She attended the depo with me, but she stated that she was unaware of the details of my case, so she was not objecting to anything, so I left the deposition feeling that it did not go well. When I first met with her, I informed her that I needed her to send out discovery and set up depos, She stated that she wanted to Amend the Complaint to add additional defendants and Causes of Actions. None of this has been done as of today. Seven days after I paid her the money, she was threatening to withdraw from my case because she said that I was not complying with her requests for my documents, which was not true. I gave her all the documents that I had. She also said that she was unable to get in touch with me, which was also not true because I had been to her house numerous times to do work. Defendants served a Request for Production of 22 different documents, and the day before they were due, she called and informed us that she was not able to prepare the documents and that we needed to do retrieve the files from her home, which is at least 25 minutes from where we live, put the documents in order and make copies and bring them back to her. She was very verbally abusive toward us and after a confrontation occurred between my girlfriend and her she informed me that I was not to discuss my case with her or she would resign. This made it very hard for me because my girlfriend has helped me from the beginning. She never should have had us doing her job to begin with. We are not attorneys' and that is why I hired her. She became very negative and said that I was going to lose my case and the judge was going to dismiss it.
After her first CMC (which she filed the statement late), the judge required a status letter to be filed by a certain date with she did not do. Over the next several months, I was at her home at least every other weekend and during the week, filing documents, all over the bay area, never missing any of her deadlines for her other clients, always available when she needed me. I had requested more than once that we discuss the details of my case and our strategy's and she refused stating that there was no time for that and she was not going to waste time listening to me. As the next court date approached, she did not file a timely CMC statement or a status letter. I sent her a lenghly e-mail with my concerns that she was not properly representing me and did not treat me with respect. After several attempts to contact her, she finally telephoned me and informed me that she wanted to withdraw from my case, and that I needed to sign a Substitution of Attorney and that the judge would most likely be dismissing my case and trying to intimidate me by saying that I was going to lose my home. I refused to sign anything and told her that I would see her in court. This was the third time she had threatened to withdraw and it had only been three months since I hired her. By the day we appeared in court, she had not filed a substitution of attorney or had she filed the CMC statement. She arrived late to court and immediately informed the judge that she would be resigning. The judge wanted us to try to work it out. As soon as I requested to speak, my attorney said that she would be willing to step outside and talk to me. We worked out our differences and informed the court that she no longer was resigning and the judge assigned my case to mediation. Again my attorney stated that she wanted to amend the complaint to add additional defendants. The judge said that she should do this immediately. The judge ordered that we choose a mediator and inform the court within 30 days and set a Compliance hearing. My attorney again did not comply with this request even though I worked for her again and sent her a reminder email to notify the court. She not only didn't send a status letter, she also failed to appear at the compliance hearing and now is subject to sanctions. The judge has ordered both attorneys to appear to show cause why she should not sanction them further or dismissal of the actions/striking of the pleadings pursuant to CCP 177.5 and 575.2.
This is where I stand now. I sent her an e-mail asking her why she had not complied with the court and that I was very concerned because she had not done anything she said she was going to do. I also asked her what the judge meant by that. She said that she had chosen a mediator and did not know why the court did not receive any documents from the mediator. It is not the mediator's responsibility to notify the court. It was hers. She then informed me verbally of the mediation date. The OSC hearing is set for 11/05/09 and she is to file a declaration by 10/29/09. She has not filed anything in my case since June 8, 2009 which was one week after she was retained. She has not provided me with the legal representation that I am entitled to, nor has she conducted any discovery or responded to any of my requests. I don't know what my legal rights are. What happens to my case, if she continues to be noncompliant. Would the judge actually dismiss, and if so, what is my recourse?
I have worked so hard fighting lenders, brokers, and their attorneys. I have gone to the Department of Real Estate, Department of Corporations, District Attorney's office, Department of Justice, and even appeared on Channel 7 on your side with my story. I have stopped the illegal sale of my home five times, with the last time on the court steps at 12:05 p.m. on the day of the sale. I have never given up and am still in my home and intend to remain here for a long time.
I believe in what I am fighting for and intend to try to help innocent homeowners who are victims of Predatory Lending Practices and against crooked lawyers who are misleading and taking their monies.
This is why I am asking you for your advise as to what I should do. I am posting this on your site because this is where she found me and I don't want this to happen to anyone else.
I want you especially to become aware that this is happening on your website. I was told that I should not make a complaint with the State Bar while she was still representing me. I do not have money to hire a different lawyer, but can I proceed with a lawyer that I do not trust.
Neil, thank you for taking the time to read my story. I anxiously await your reply and the comments and advise of your readers.
I am looking for an attorney who gets it ASAP in Wisconsin. This is a mess. TILA, REG Z, plus a host of other laws including predatory, no recission on primary, balloon feature etc. If you are an experienced attorney or know of one please email me at jtl5@comcast.net.
I have a FHA loan not in forclosure or arears up to date. However I have found that the HUD-1 page 3 signature of the seller was black and white cut out and pasted into the signature area and then whited out around the cut out and the co-sellers name/signature area was also whited out. Both sellers names are on page one of the HUD. I was given the original HUD doc I believe by mistake (wet ink signatures) at the closing the sellers were not there for the closing. I am in New Mexico just south of Albuquerque. The closing company,,,,,First Fedelity. Looking for an attorney to kill these guys..
Anyone knows a California lawyer good in defending a defendant against unlawful detainer. The Plaintiff has no standing in court due to the servicing company they represent failed to state their claim by not complying and meeting the FDCPA requirements after a notice to resist and cease from ant collection activities prior to validating the purported debt.?
I would like an attorney in Georgia. The lender foreclosed on the home while I was in bankruptcy chapter 7 in October 2008. I am still in the home. I have been fighting in superior court. They sent me a short-sale agreement on the 10th of September 2008 and they foreclosure on October 7, 2008. They foreclosed in less than 30 days ( the mortgage note says they must give me 30 days notice for foreclosure) although the attorney had sent me notice before. I believe the later agreement nullify the attorney's letter. Please respond.
Hi, everyone I think your site is great! I have been in the mortgage business for over fifteen years. Offering great service with integrity,professionalism and hard work. My question is two fold: first I would like an attorney referral for Rhode Island due to pass clients calling looking for help! second how can I find find out who can help my clients modify there mortgages that need help with out being scammed. I have been hearing so many stories about people sending money to companies to get their mortgages modified only to find out that their money was taken with no services rendered. Simply put they were scammed!
Roman: Questions are good but do you really know the answers? Please submit bio and sampling of your work to ngarfield@msn.com and become a "Lawyer Who Gets It" on our list, if you demonstrate reasonable proficiency in the basic concepts of TILA, securitization, UCC, appraisal fraud etc.
I am an attorney that has several cases in litigation currently and we are attempting to rescind the loans in New Jersey and New York, E mail me with questions.
Anyone 1 in the NY area?????????
I have been in the Title & Escrow closing industry for 20 years and have done thousands of closings for lender's on refinances and sale closings. I am not an attorney, but a licensed title insurance agent for Tennessee.
Carol Molloy is a friend and worked some for me at one of my title companies when she moved to Tennessee. She told me about your company and gave me your web site.
I have started reading some of the material on your web site and find it very interested. Based on some of the closings we did for lender's and mortgage companies during the refi boom of stated income and stated assets, I can see why our economy is suffering. I had several mortgage loan officer's wanting me to "sell their customer on what a great deal they were getting "at the closing table, which I refused. I asked several to go some where else for their closings, because I did not like their tactics.
Great work and great information.
Neil, I am a licensed attorney in Arizona. I would like to talk to you as soon as possible about associating with you on some cases. Please call me at 480-755-7110 x 101 or on my cell at 480-220-6905. Thanks!
I'm NOT a lawyer, but I PLAY one around the house! With everything in the perspective we share here, will someone professional look at Wisconsin Statutes, Chapter 134, 134.15 "Issuing and using what is not money; contracts void. (1)Any person who shall knowingly issue, pay out or pass, and any body corporate, or any officer, stock holder, director or agent thereof who shall issue, pay out or pass, or receive in this state as money or as an equivalent of money, any promissory note, draft, order, bill of exchange, certificate of deposit or other paper of any form whatever in the similitude of bank paper, circulating as money or banking currency, that is not at the time of such issuing, paying out, passing or receiving expressly authorized by some positive law of the United States or of some state of the United States or of any other country, and redeemable in lawful money of the United States, or current gold or silver coin at the place where it purports to have been issued, such person shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding $100, and such body corporate shall forfeit all its rights, privileges and franchises and shall also forfeit to the state and pay for each offense the sum of $500.