We seem to have the classic EMC "predatory lender" story. They supposedly "purchased" our loan from UC Lending in 2000 or there abouts, and did not notify us. Not knowing that fact, we continued to send our money to the then bankrupt UC Lending Company. We were never informed, in writing of the change in companies, but instead were called by EMC about late payments. Which we were not late. "We now own your loan and because you are in arrears, we are raising your rates by 5% AND attaching a 'drop-dead clause' that says, if you are late 'again,' or miss one payment, we'll foreclose."
We told them that we would refinance with a friendlier company! The sheriff drove in two days later with foreclosure papers! Of course it was not possible to refinance with a "foreclose action" on our record. Even though we were innocent. They have totally destroyed our good credit.
Over the last 7 years, we have beat the foreclosure 3 times in the First Judicial District Court of Santa Fe. The most recent time was on November 3rd, 2007. A FINAL ORDER (see next paragraph) with predjudice, was signed by the Judge:
"The Court orders the lien placed on the real property of the Defendants placed there by Plaintiff EMC Mortgage Corporation currently on file in the office of the Santa Fe County Clerk is to be lifted and be made null, void and without legal effect at its inception on this date."
In spite of this, EMC ignored New Mexico State Law, and statutes, AND this Court Order.
Our house is now scheduled, unlawfully, to be sold on the steps of the Sheriff's Office in Santa Fe the 5th of September, 2007! We have laid excellent legal, airtight groundwork in the courts. Our problem is, because we are representing ourselves, they pay no attention to the Court Orders that we have won. They won't let us talk in hearings. They scheduled a June, 2007 telephone hearing, without informing us, between the judge and the attorney representing EMC. This was AFTER the court's jurisdiction expired. They then set aside the November 3rd Order and appointed a Special Master who is now advertising the sale in the newspaper.
las vegas, New Mexico