I was wronged and strong believe Fifth Third Bank, should be part of the Foreclosure Settlment, because of the fraud and then the cover-up.
Fifth Third Bank
Kevin T. Kabat, President & CEO Fax 513-358-3493 Madisonville Operations Center
Cincinnati, OH. 45263
President Mr. Kabat:
RE: Mortgage Loan: 404876203 Three situations occurred during the Foreclosure process that I believe were important, illegal and unfairly place on me, therefore to consider this Foreclosure invalid. [continued below]....
Placed Hazard Insurances, $500.00 per month.
Broker manipulation of appraisal, loan application, and my credit.
*Conflicting and imbeciles amount stated on the Foreclosure Notices.
I'm writing this letter to explain to you some of the discrepancy during the Foreclosure process that I had to go through. There are three that really brought the Foreclosure to a head. The one that actually broke my back was the Forced Placed Hazard Insurances, $500.00 more a month when I was living on pay-check to pay-check. The additional charge forced me to cash in stock and part of my 401K retirement plan, paying the extra taxes that went along with the process. After paying many months with the addition charges, I started to lose ground. Until recently I knew, I had insurance since the original mortgage with Country-wide Home Loans, and it was required for the loan with Fifth Third Bank. Just lately, I was with my Lawyer, we called, Pioneer Heritage Insurance, PO Box 716, Spicer, MN. 56288, phone# (320) 796-2169. Gentlemen, they stated I had continued and uninterrupted insurance on the property and they fax over the proof: Exhibit A. The reason this was wrong, was that I had insurance and Fifth Third Bank paid for it out of my Escrow every year since origination of the Home Loan Mortgage, Fifth Third Bank approved for me.
My original home mortgage loan made by FIFTH THIRD BANK was signed by me, Robert L. Tatge (a single person) on January 4, 2008 for $310,000.00 @ 6.375% for 30years on a refinanced loan made prior with COUNTRY-WIDE HOME LOANS back on JUNE 12, 2002, for $178,817.91 @ 7% for 30 years.
The second problem that throws up a red flag is the mortgage broker that put the loan application together for our approvals. Im not sure of his name, and you probably could help me out with that. He said, He could improve my credit, and I could take cash out, that was very cheap money, because of the high equity I had in my home. This was highly suspicious, not taking into consideration my age or ability to pay the extra money back. Now that I look back, he found and new ways to derive benefit by manipulation. My home was built year 1975: (The TRUTH 1900). Appraisal manipulation, to my understanding this broker wasn't
satisfied with the first appraisal from: Forsythe Appraisals, LLC, 54 28th avenue North, St. Cloud, MN. 56303 Phone 320-259-8958 He asked the appraiser to treat the property like it was on Lake Minnetonka, so the second time it came in at $420,000. It satisfied the loan guidelines. Then he sent me two checks, one he asked if I would destroy, I did, the other I cashed:
Exhibit "B, (He said, he had other companies,) thats why the check was drawn on: MJC ENTERPRISES LLC, 5115 EXCELSIOR BLVD., SUITE 422, SAINT LOUIS PARK, MN 55416
This was unfair because my property tax statements for years 2007 through 2009 stated: MARKET VALUE
ESTIMATED $324,700 IN 2007/2008 which is $95,300 less than appraisal. The second property tax statement for years 2008/2009 which is $92,000 less than appraisal.
I ask for a modification JUNE, 2009 and was denied because of insufficient income; I keep up my requests and hired a lawyer, Avi Liss, Liss Law, LLC., Hereford Street, Boston, MA, 02115 (W) phone 617-778-0363
Finely brought me a modification on August 1, 2009 (lawyer said it was the Best he could do!) Loan Amount
$327,410.93 @ 5.375% for 40 years, graduated principal by $17,410, lowered interest by 1%, making the pay off difference before the modification the principal was $310,000,00 interest $386,238.81 = $696,238.81... New Modified Mortgage 40 years, principal $327,410.93, interest $489,836.12 =
$817,247,247.05... The difference of $121,008.24 it was Unaffordable, I signed it at the Lawyers suggestion.
Beginning with the payment due 08/01/2009 monthly Including escrow were $2,135.51 Knowing this modification wasn't something I could afford , I asked for HELP, A FORBEARENCE PLAN was offered:
Exhibit "C,": The Forbearance Plan offered: The due dates were set-up all wrong.
The third misrepresentation and final stress, on all FORECLOSURE NOTICE'S sent out by the Lawyers representing Fifth third BANK: Usset, Weingarden & Liebo, PLLP, 4500 PARK GLEN RD, #300, MINNEAPOLIS, MN 55416, PHONE 952-925-6888, Knowingly this is information sent to the lawyers from Fifth Third Bank, mislead the mortgagee.
Exhibit "D, Multiple & Conflicting Dollars amounts in Default on Foreclosure notice making it impossible for Mortgagee to understand what they meant and get help if needed.
#1: March 9, 2009 $12,880.19
#2: March 9, 2009 $15,276.19
Multiple & Conflicting Dollars amounts in Default on Foreclosure notice making it impossible for Mortgagee to understand what they meant and get help if needed.
#1: March 22, 2011 Fifth Third Bank said I owed $2,365.80 to reinstate mortgage.
#2: March 22, 2011 Fifth Third Bank said I owed $3,874.40 to reinstate mortgage.
#3: March 22, 2011 Fifth Third Bank said I owed $35,100.90 to reinstate mortgage.
I had a 3 Hernia Operation on August 5, 2011 @ the VA Hospital in Minneapolis, MN.
I had to stay in the hospital because I was on a Vac healing machine that restricted my staying in the hospital and their rules. Outside contact was difficult. I still have a home health nurse that comes to my home every Wednesday until Mid-April. Fifth Third Bank knew of my operation and still proceeded with the foreclosure by having the sheriffs Sale on Nov 16, 2011.
The information the broker collected was suspicious, wrong, and different, I realize now. Forced Hazard Insurance should been follow-up at enforcement. And I just do not understand the lesser amounts to reinstate the mortgage, it was confusing on the Foreclosure Notices and made it impossible to redeem, also
difficult to sell.
When my dream home was foreclosed on, my heart was broken. I try my best with circumstances beyond my control. I hope you would look into this matter. I still care for this home. I'm writing because the Office of the Comptroller of the Currency (OCC) recommends that I should attempt to resolve my complaint with FIFTH THIRD BANK first.
L. Tatge March 27, 2012
Cc: Usset, Weingarden &Liebo, PLLP, Attn; Amy Van Zummeren @ FAX: 952-925-5879
Cc: Independent Foreclosure Review (occ), (Letter) PO BOX 2587, Fairbault, MN 55021-9981
Paul-Allen Bixler, Regulatory Support Specialist Office of the President: Fax 513-358-3493
Cc: Office of Minnesota Attorney General, Lori Swanson, Honorable: Bill Gosiger, File: 439011, FAX 651.282.2155
Cc: Jerome A. Ritter Attorney at Law, FAX: 651-222-1263