On July 15th 2002 we filed chapter 13 bankruptcy protection. After the meeting of the creditors the plan was approved. On August 8th 2002 we began making mortgage and trustee payments. In October of 2002 our October mortgage payment was returned to us after sending them to Homeside Lending via certified mail (like we do every month). In November we sent our October payment (again) along with our November payment and once again the checks were mailed back to us . We contacted our attorney who in turn contacted Homeside and our attorney was told by Homeside that they thought our case had been dismissed and apologized for their error.
On November 24th 2002 a contractor came to our home stating that he had been hired by the NEW HOME OWNERS to do some yard work and that he was told that our home had been vacated. In December we sent our mortgage payments to Homeside (certified) the checks were received and cashed. In early December a neighbor informed us of a man taking pictures of our home.
On December 27, 2002 a Our 14 year old daughter brought us a NOTICE TO QUIT that was hung on our front door telling us that OUR HOME had been SOLD and that we had 3 days to VACATE ! You can imagine the unsettling feeling that washed over our whole family not knowing what we were going to do or why this was happening. After all, Homeside had just recently cashed our checks so this didn't make much sense at all. Once again our attorney contacted Homeside's attorneys and all they could say was that they had made a MISTAKE. No apology this time just ANOTHER MISTAKE!!!
December 30th, 2002 we received mail addressed to the "NEW HOME OWNERS". We contacted the company that sent us the mail to ask where they got the information about our home and we were told that it was listed in the Sacramento Bee Business section under RECENT SALES (we kept the newspaper listing).
January 2003 neighbors start asking other neighbors as well as questioning our children about the "RECENT SALE" of our house. The Neighbors expressed their concerns about the low sale price of our home and the property values of their own homes. In January we received more mail addressed to the "NEW HOMEOWNERS" .
On January 9, 2003 at the popular forclosure search engine, realtytrac.com our home was listed as a distressed REO property with a MAP to our home. Also, at the Placer County Public Records website http://www.criis.com/placer/official.shtml we found the recorded documents.
On January 19, 2003 I was served in my front yard in front of several neighbors with UNLAWFUL DETAINER PAPERS. This after just cashing our most recent mortgage payment on January 13th. Once again our attorney contacted Homeside's attorneys and is told that they had made another MISTAKE. Homesides attorney's then faxed a request for dismissal of unlawful detainer and entire parties and all causes of action.
On January 23 2003 while picking up daughter from elementary school a parent of a classmate states.... "I heard you HAVE to move?" This was humiliating to our whole family.
While receiving Trustee disbursements and cashing our checks our payoff amount continues to rise. In less that 2 weeks it went from 123,819.00 to 129,000.00.
We have all of the documentation confirming that all of the above statements are true. We have been experiencing this unlawful & unprofessional behavior by Homeside for several years. The above documentation is just the most recent fraud. We have had it! We want some recourse. They should not be able to get away with this. If we practiced business the way that they do we would be in Federal Prison!
Please Help Us!
Homeside is ruining our lives.