While googling attorney's looking for assistance in trying to ward off these beasts from Eastern Savings once again, I ran across your article and then read all the other comments from the "others" who have fallen prey or victims to the practices of Eastern and their practices of lending and mortgages.
I thought for sure I was the only one out there that had this issue, and I borrowed money from my father to have for a down payment because they insisted I come up with so much down, my credit score was so bad because of and accident I had been in and another lender who had defrauded me out of a refinance and I fought them and acquired the property back, but the only way to fully obtain the property was to purchase it from the person who had claimed he had bought it in a quit claim deed. It took me three years and the assistance of the Legal Assistance Foundation here in Chicago.
Through this entire time, my 22 year old son had been diagnosed with stage four testicular cancer, was going through every treatment know to man kind, I was still trying to heal from a horrific automobile accident involving two motorists, were I was the worst of the individuals injured, requiring surgeries, physical therapy and a whole lot of praying to get me this far, but it is not over. We are still in litigation on that issue and my attorney's are extremely confidant regarding the outcome, but like so many other things in the world over the last several years not only did myself and my son take a beating, but the economy did as well, thus causing the city, state and municipalities to suffer greatly, thus the long drawn out case and the defendants coming up with the excuse they do not have any money to pay out.
Nevertheless, getting back to Eastern and their "loan shark practices". Besides being in the financial crisis I found myself because of the refinance that never was to be, having to "repurchase" my home in a matter of minutes or lose it entirely I had to come up with money that I otherwise would not have had to lay out, or let's put it this way. I had laid out with my first mortgage, but now, my first was gone and somehow I owed $272,000.00 to Eastern and after going through a Chapter 13 and them coming into court and asking for double the payments in a chapter 13, I had Eastern to payoff and two other mortgages that only totaled $1400.00, but Eastern demanded almost twice their payment making my payments $6800.00 per month!!! It was impossible to keep up on, but I begged, borrowed and kept up with the bankruptcy for as long as I could, exactly two years, before I could not any longer and I missed three payments and guess who? Eastern went in and filled a motion for default and the judge granted it to them and that was on December 8, 2011.
On, January 23, 2012 I received in the US mail a packet from Eastern Savings attorneys, stating the following: That on January 27, 2012 at 1:30 although that has been crossed out and has been replaced with 9:30 am, their attorney's will be going in on the following motions: Combined Motion For Order of Default, Motion For Judgement Of Foreclosure and Sale, Motion to Appoint Sales Agent, Military Affidavit, Petition for Attorney Fees, Time and Task Affidavit. Now, I do not claim to be the smartest of individuals, but I do know that these individuals are trying to go back to 2009 on motions that they claim were served upon me via publication on 5/6/09, 5/13/09 & 5/20/09, and again via publication in 2/3/09, 2/10/09 & 2/17/09 again to the owner (being me), unknown tenants and non-recorded tenants.
Yet, I was never served by a sheriff or sent anything in the mail via a certified mailing? Nor, anything in open court via my attorney, throughout the entire time I was in the bankruptcy or right after that on December 8, 2011? Doesn't something seem wrong there? I worked in the legal counsel for the State of Illinois, Department of Employment Security for 14 years and we had to go by means of protocol and that meant, doing things procedurally, first by mailing, then by certified mailing, then by having a sheriff or process server deliver the motion and then the last resort was a publication, because that was costly?
So, who goes straight to publication but a lender who does not wish to find the owner? Eastern Savings. Who goes straight to publication without making the tenants aware? Eastern Savings? Who goes straight to publication without making anyone else aware? Eastern Savings that's who. Because in the entire time I have been with Eastern Savings, they have never tried to work with me regarding any hardship on my loan, never. They have never given me a 30 day grace period for being late, never, and they have never looked past any late fees or payments, ever. In fact, they have gone the other way, for the over $83K I paid into the BK they do not mention it at all in their motion, not one time! I guess they did not think that was an important fact, nor do they mention the fact that any monies were paid to the trustee! So, they went one step further, they tacked on more monies.
They started out with the same amount I owed at the start of my BK, added on more interest, more penalties, more attorney's fees (a lot more), late charges, filing fees, service?, recording, "publication" (700.00), certified copy and a little fee for the BK motion for relief of stay, which I guess they forgot they ordered me to pay their fees while in the BK of 600.00, but now they are charging me an additional 150.00?? So, what was a balance of 272K that I owed them I now owe them a whopping $357,427.05. + $76.38 per diem per day!! Now, I don't know of anyone, out side of the boys in Vegas that get this kind of loan to ratio value on their money, do you? And, you and all those individuals making those comments are correct, it makes it virtually impossible to pay off a loan when you have these types of numbers!!!
I had consulted with my attorney David Nelson, prior to filing the Chapter 13, in October of 2009 that I wished to refinance the interest rate of Eastern Savings mortgage as I felt as though I was being robbed paying 11.99% interest on the mortgage. He never inquired or did anything about the interest rate, but certainly called me when I was late, held me accountable, and had me make, two or three payments to get caught up, bring them into court or have my daughter show up if I was working, because I could not make it! Had me running around like a chicken without a head to ensure those payments were always in, had me pull money out of my lawsuit, which is illegal, but I was forced to because I was going to lose my home if I did not, paid these outrageous payments and now, he has the nerve today, to say to me, yes, yes, yes, yes and yes to all the motions I rattled off to him on the phone. I said David, how can they go back to a motion from over two years ago?
And service from two years ago? I have never heard of that? That is ridiculous. He said well, while you where in the 13 you were protected, now you are not, good luck to you Angelita, you can pick up your file tomorrow. And that is the other thing. I never received anything from him, my attorney after the 13!! Not one piece of paper other then him saying it was dismissed. No file, nothing from the trustee, no payment printout, nothing. It was as though I had paid him $4500.00 to do what? What did he do for me, in two years time? Nothing! He never filed or assisted me with getting the interest rate down on any of the three mortgages I have, never assisted me with anything, so what did I pay him for? And I had to contact him on Sunday, January 22, 2012 in a long War and Piece novel saga to explain to him what has been going on with me and why I needed my paper work! Still I did not receive a call, but I had to follow-up with a call to his office and set up a time with his assistant Deanna?? What is that all about? Where do these people get off, taking that kind of money, messing with your life and then just saying, good luck to you Angelita, click.
So, I am outraged at Eastern most of all, because they are seriously behind some outrageous lending practices for not only me, but I am sure others as well, and they would love to get ahold of this building with all the work I have put into it and walk away with a beautiful piece of property extremely fast, without notification or proper service? And then I have to wonder about the practices of my attorney and were he was coming from with his legal ease and telling me to get the money out of my settlement, when I have not even remotely gotten to that point yet and pulled money out of my settlement, only to be paying on that now as well!! I am getting it from both angles and I just do not know were to go from here any longer. My head feels like it is going to explode!
If you have any words or possible individuals that you feel may be able to assist me here in Chicago, that can take the case, as an honest attorney, who will not want the shirt off my daughters and parents backs who are individuals who I am responsible for after that four year battle that my son endured and I watched him pass away. That do not wish to remove the bronze plaque that the Kramer plant had made in memory of my son and we placed on this building because of all the work he did before he passed away, with his fingers he used as a stucco to give the hallways a look that no one can compare to, but the compliments are many! The walnut floors, stairwells and landings that he did on his hands and knees while he was on a respiratory, insisting that he had to get this done and that last coat of polyurethane on the floors to ensure an even coat and floors that would last after he had pulled up three layers of vinyl and old tile.
No. I am not going to allow a crooked mortgage lender to take this 124 year old building that I have worked so hard on, put so much love into, brought back from the depths of ruin, and make into one of the most beautiful buildings on the block. Ask anyone, who has lived here in this neighborhood, anyone who has known me and they will tell you, Ms. Kawaguchi, oh, she is always working on her building, she is the one with the copper top, that is what they call my building, because I had a copper roof put on the building, both the front and the coach house that was back in 2006. Then a new deck this past summer, so NO, I will not allow a lender to come in here and tell me that I am not making my payments and take my property away. I could see if I let the place fall apart, if I was a slum lord, but that is not the case, if anything it is the opposite.
I rent to wonderful, grad and medical students providing them with great housing, because my son believed in giving back and making housing affordable and the only way we could was to rent them out furnished, and so I have for seven years now. And, although it cost us more upfront, in the long run, it has been a proven success, with the tenants I have now, the property manager I have working with me and the direction the building is going in, but I will not allow a "lone shark lender" to come in and take it all from me. Not after I have worked so hard for over 50 years of my life, sacrificed so much, lost my son, lost my ability to compete in marathons, lost so much by having to put my mother, my rock, my best friend in a nursing home because she is suffering from dementia and I could not physically take care of her, NO. I will not tolerate another month, another year of this torment by this lender, and I need the assistance of everyone to go after this lender in order to make this happen.
Please contact me back at your earliest convenience, I would love to discuss with you how we should proceed.
Thank you in advance for your time and consideration.