- Report: #720453
Report - Rebuttal - Arbitrate
Complaint Review: Bank of America
Bank of AmericaInternet United States of America
Bank of America Taylor, Bean and Whitaker Bank of America claims ownership of mortgage fraud victim of Taylor, Bean and Whitaker Internet
*Consumer Comment: Not a rebuttal- on your side :)
*Consumer Comment: Alrecourse, Make sure to.......
The Breach of Contact, Breach of Trust and a Breach of Title , created a nullity.
In fact, TB& W instructed the Closing Agent: If MERS documents are used DO NOT name MERS as the Mortgagee.
TB&W were named as the Lender, Mortgagee, and the Lienholder. No assignments with issues to MERS .
The record of the Closing Settlement RECORDED a Mortgage Note and Deed of Trust with a Manufactured Home Rider. ( Not the single family home loan approved and underwritten for FHA). The mortgage note was in the name of TB&W- The Deed of Trust named MERS as nominee. No assignments were made as Mortgagee. The Note and Deed of Trust were signed and Recorded in Jefferson County, Alabama by the Notary who conducted the closing. A Limited Power of Attorney was signed for Authorization - The Power of Attorney was for a limit of (6) months Dated May, 6 2008 and Authorized only the notary for recording the documents.
MERS documents were used and the mortgage registered on the MERS Data Base.
Mortgage payments were made to Taylor, Bean and Whitaker at the address as stated- ALL payments were required to be made at the address listed or other "such other place as LENDER may designate in writing notice to Borrower.
No written notice of change in the designated address was EVER provided by Taylor, Bean and Whitaker, FHA , Ginnie Mae ect...
NOW IN COMES Bank of America;
In August 2009 , we received the payment statement from TB&W and a few days later we received a payment statement from Bank of America. We never received any type of notice from either party about an assignment, sale or transfer. The closing settlement states " all payments are to be made to Taylor, Bean and Whitaker Mortgage Corp, 1417 North Magnolia Ave , Ocala, Fl. or at other place as Lender may designate in written notice to borrower". We never received such notice. A written notice notice is also required by RESPA and the Federal Fair Debt Collection Practices Act. NO notice was ever received, nor did Bank of America ever validated the debt . We finally saw on a Nightly News program that TB&W had be seized by the FEDS.
In Sept, 2009 we received another payment statement from Bank of America ; " we service your mortgage for the "noteholder", WHO IS THE NOTEHOLDER"?
"Who is the "noteholder" ? " What was the Lender?'
TAYLOR,BEAN AND WHITAKER had made the loan "using someone elses money"
If the loan was never secured by FHA or transferred into a Trust and the Title Endorsement Policy was cancelled the Title Insurance Co. - how could BAC Home Loans collect the payments?
We had never borrowered ANY money from Bank of America, or BAC Home Loan Services fka Countrywide Home Loans LP . If TB&W failed to name to Lender on the settlement, who was the "note holder" BAC was collecting the payments for?
CHAPTER 13 Bankrupcy:
Refinancing the mortgage had caused going mental anguish and increased our payments more than what we had been told and appeared on the GFE. In addition the way the mortgage was structured we weren' t even able to sell. Despair efforts to obtain Legal represenation , we always received the same reply 'You signed, You greed" no re-source! In Alabama
We were forced to file bankrupcy due to the fact our debt exceeded the amount of our income and the inability to sale our home due to the structure of the mortgage. We filed Chapter 13 Bankrupcy ,Birmingham ,Alabama. We meet with Gina McDonald at her Riverchase Office,of Gina McDonald Law Firm LP. We told her about the problems with the mortgage and TB&W. Plus, provided all our debts, payment statements and income, including Bank of America on behalf of the "note holder" . She adviced us that due to our financial situation and my husband's medical condiction we offer "a Deed in Lieu " of foreclosure on the mortgage. At the time we still believed it was an FHA loan and had been transferred to Ginny Mae ( this was what we had been told by TB&W's Attorney) We agreed to do as she adviced.
MARCH 22, 2010 MOTION FOR RELIEF of AUTOMATIC STAY : BAC Home Loans Servicing LP fka Countrywide Home Loans.
MARCH 12, 2010 ASSIGNMENT OF MORTGAGE:
For payment received, Mortgage Electronic Registration Systems, Inc (MERS) as mortgagee and nominee for Taylor, Bean and Whitaker from to BAC Home Loan Services LP, fka Countrywide Home Loans>>>>signed by:Ginnie C. Rutledge , Secretary and Vice President of MERS (AKA Attorney of Sirote and Permutt LLP.)
Prepared by: SIROTE and PERMUTT LLP, Birmingham, Al.
ATTORNEY'S for BAC Home Loans Services fka Countrywide Home Loans Services LP;; SIROTE and PERMUTT LLP. . , Birmingham ,Al , prepared and signed , as the Secretary and Vice President of MERS as Nominee for Taylor, Bean and Whitaker the Assignment of Mortgage
to BAC Home Loan Serices LP fka Countrywide Home Loans Services in order for BAC Home Loans Services to claim to be the Creditor and Lienholder of the mortgage in Federal Bankrupcy Court.
When a Mortgage is Assigned, Sold or Transferred aren't the Authorized Signers of the Assignor and the Assignee required on the Assignment? Not the Assignee's Attorney's .
Wouldn't you think if Ginnie C. Rutledge LP of Sirote and Permutt LP. was going to sign as the Secretary and Vice President of MERS on Mortgage Assignments , she wouldn't put her name in the Newspaper as Attorney for Bank of America 's Foreclosures.
IF Ginnie C. Rutledge is a Secretary and Vice President of MERS - SHOW ME HER PAYCHECK FROM MERS !! And WHY? Isn't she listed on MERS Authorized Signatures of the SEC Registrator of Signatures? Wouldn't this be FORGERY? Wouldn't this be fraud on the Court?
In addition, Sirote and Permutt. Attorney's for BAC : Showed the mortgage was acquired by BAC in 01/09 and no payments had been paid to BAC from 01/09 -03/10 !! Why would we have made payments to BAC Home Loans, WHEN the payments were being made to Taylor, Bean and Whitaker from 01/09-07/09 (by cashiers checks and certifed mail with a return signature required?)
WHY DiD , SIROTE and Permutt LLP. enter THE SAME amount in default as the ORIGINAL AMOUNT of the mortgage when it was Closed and registered on the MERS DATA SYSTEM? Since payments were made to TB&W from July 2008-July 2009. Doesn't you think making payments for a year might change the original amount just a little? Can't members of MERS access the data base with a user name and password?
Why did our Attorney tell us the Claim submitted by BAC Home Loans LP fka Countrywide;...couldn't be disputed because the Bankrupcy Judge had no authority to rule on the Claim?
Wouldn't you think a Alabama Federal Bankrupcy Judge might Question all of these document Rather than Grant the Motion for Relief of Automatic Stay and hand the mortgage over to BAC Home Loans Service fka Countrywide Home Loans Services who could't show proof of ownership?
The ASSIGNMENT of MORTGAGE stated "For Payment Received " exactly WHO received payment; The Attorney's or the Judge?
As I said Alabama is a no-resourse State- "you-sign-you agree" DO Borrowers have NO RIGHTS!!
We vacated the property as we had agreed in the Bankrupcy partition on a "Deed in Lieu" of foreclosure.
We have contacted Bank of America (2) different times after the Judge Granted the Lift of Automatic Stay. They never responded.
Our Bankrupcy case was dismissed in June 2010, because we encountered financial emergency's during and after our move. Due to unexpected emergency's we were unable to pay the bankrupcy payments for (2) months. The Gina McDonald Law Firm adviced us to "do the best you can do. We don't expect you to go hungry to pay the bankrupcy payments. " Despite our Attorney's being made aware of the emergency's and our inability to make our payments to the court. We were dismissed from Bankrupcy court.
As our Attorney failed to contact CitiFinance Auto to arrange for us to pay the payments on our car- Citifinance Repocessesed the car despite our efforts to pay and keep our car. Now we owe $13,000 to CitiFinance Auto and have NO means of transportation.
Aren't Attorney's and Our Court System Wonderful???
Bank of America has continued trying to collect payments on our mortgage 'For the note holder". Each of which threaten foreclosure. In response to a RESPA request , they stated they purchased a closed loan and they also stated they service the loan for Ginnie Mae who owns the loan. How could this be possible since FHA did an investigation and notified us they didn't a mortgage in our name. And the property Title is still recorded in the names on the persons we acquired in from?
We were emotionally and financially distroyed by being persuaded to refinance our home so Taylor , Bean and Whitaker should buy a new mansion or jet and live a rich ,lavish life style.
And now Bank of America and their Attorney's want to pocket our money or steal or home!
We have nothing left to give! Except our blood ! And
Yet, we still can't even find an Attorney!
This report was posted on Ripoff Report on 04/21/2011 01:18 PM and is a permanent record located here: http://www.ripoffreport.com/r/Bank-of-America/internet/Bank-of-America-Taylor-Bean-and-Whitaker-Bank-of-America-claims-ownership-of-mortgage-fra-720453. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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