Hello and Greetings,
Regardless of any ethnic background where do people get honest help? I've always been a hard worker. Not necessarily someone who has the word No in my vocabulary. I've always believed do right by others and if it doesn't work out your way currently there's always the future. Like alot of Americans it's been a HARD KNOCK LIFE. But it's still LIFE so I'm trying to make the best of it!
Unfortunately my family has had some financial changes in the last few years. And well we fell behind on our 2nd mortgage with Homeq probably in like Oct/Nov 2005. So when taxes came in I attempted to reinstate my loan with Homeq. My reinstatement never came because from what I was told by representative I didn't call back the next day. Knowing alot about this industry I know they have to document all calls.
Well they never did send reinstatement. Then in June 2006 they attempted to foreclose. In acting within my rights HOMEQ being a SERVICER for note owner/lender I have a right to speak with them prior to any foreclosure to make sure I can't resolve this issue. In doing due diligenience and trying to reach note owner I got the worst nightmare one can imagine! Anyone they told me who owns my note hasn't taken ownership of note.
Needless to say after getting thru the attorney's office who listed f/c sale and acted as trustee I got to original company who actually received order from Homeq and got them to stop foreclosure sale. Having the original deed is usually customary to provide for such an action. But knowing actual note was sold with no hello/goodbye letter, no recording in county records or no one admitting to ownership sale was stopped.
This was just the starting point. We ended up having to file a chp 13 to protect us financially somewhat since were about out of options. And well low and behold they filed a Proof of Claim to be paid out of bankruptcy court. This means they could get so much to go to my arreages. Then my regular payments if judge allowed them to. Let me tell you Bankruptcy Judges are very pro creditor in my findings. However, we got him to see it from our side. And got him to deny Relief of Stay to foreclose. We've refused to pay them anything unless they can tell us who the owner of our note is. And LUCKILY judge has sided with us.
This happened in April 2007. This only happened though because we did as we were demanded. Which was to show the amount they were do since filing our bankruptcy in our Attorney escrow account. Or else judge would of let Homeq have their lift of stay to start foreclosure proceedings again. So maybe there is some JUSTICE!
Then low and behold they had the nerve to file another proof of claim with court again with a different attorney. Needless to say once attorney spoke with ours and saw everything that was just done in April they didn't file any objection to our claim to dismiss them to be paid once again. Just backed down.
But the dilemma continues. As my attorney is bright and there are a few violations with RESPA they don't add up to much. But getting the answers I need are impossible! It's as if all the work we've done has been for nothing all these years!
This posting is being done in case there is an attorney whose willing to take on the Big Boys with us! As were out of money and almost time to keep things right. And legitimate answers what are they? Do we proceed in bankruptcy court or state court? I know they can strip the lein then it'll be disolved at end of bankruptcy. But what about all the hardship they brought on?
Being able to report this as late damaged our credit immensely so we couldn't refinance last year. Hence the bankruptcy. The agony they've brought on. I can't sell my home or refinance. Whose to sign off if I wanted to? They don't know who owns note? So who can do this?
To me there's FDCPA violations if their trying to collect for a unknown lender. They would be in their rights if they knew who owned my note. I could of reinstated a few times. But if they don't know who my money goes to beyond them I've refused to pay. Luckily Banko Judge agrees. So that to me is 3 illegal foreclosure attempts. And two false proof of claim filings that carry a $500,000 penalty each. As each time they did this they knew they didn't have information pertinent to my case. A blank assignment document doesn't hold up.
Every attorney in Mo I've tried has been no help. Even my own attorney said I may now need to hire another attorney that handles banko stuff better than him in this arena. That's another probably $2000 retainer that I don't have. I've spoken with National Assoc Consumer Advocacy NACA to be told to try this same attorney that my attorney was telling me about. I got told out of about 10,000 your lucky if three are actually good in the ST. Louis area. And that no attorney can work for free as all they have to sell is their time! Possibly up to $30,000 for the research and such to go after them.
And for anyone that thinks I'm just a deadbeat debtor can roll over and die. I've lived my life paycheck to paycheck all my life all for the sake of paying bills and making an impeccable credit record for myself until the financial mishaps we've endeavored by me actually working in the financial sector.
I've been the one they asked how can you do your job? My response was always because I'm like you. I get up everyday to work to support my children. I work hard to do right by everyone I meet. I wouldn't stoop to being a thief. I listened to countless people and helped those that wanted it.
So far I'm falling on deaf ears in getting the legal guidance I need. But to me to persevere I'm honestly hoping for good legitimate input here. I'm out of choices.
I actually tried Ameriquest once again to verify I haven't lost my mind with this mess. They now told me Homeq owns note. They only service them!
Could I have a suit against anyone they've told me who could own note as well since no one else has stepped up to say I need to be paid? Homeq reports on my credit bureau, Wachovia is on my hubbys. They say it was in their office as a Wells Fargo loan, I've been told Option one could own it as well. I even tried to get them to go thru bank deposits and such from the pooling agreements and such they've had a writ of disovery in court, nothing has still been provided.
And even the 1st attorney they hired for Proof of Claim filing said it wasn't worth his law license to put a lenders name in there since it was legitmately blank on assignment paperwork he got from Homeq. I can't believe they actually have an employees signature with a notary that signed but no lender name in lines to show who owns.
My associate and family think I should just let it go and go on. But everyone is at risk if you ask me! Seriously how many homeowners are losing their homes to these foreclosure sales? If I didn't do my homework prior to sale I could of. I don't think most people know how to verify such information. That's why there's a profession for everything out there. And alot of scam artists. Seriously I don't think my attorney should of taken my money or case if he didn't have the education necessary to help us. We didn't hide anything from him when we went to him. I don't think he believed us in the beginning. Neither did the banko judge.
Now they do! Now what? Can I possibly get credit bureau rectified from credit bureau reporting agencies? Shoot they should probably be had to. Cause I know in order for them to be on your credit bureau they have to submit updates monthly. They can get my payment history corrected. It just takes some strong arming with them. If they can report it as bad they can report it as good as well. Then it comes down to finding the right person in that organization. This is all time consuming C**p!
Anyone? All replies are greatly appreciated! Sorry so long!
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