SAXON MORTGAGE RIPOFF NON-NOTIFICATION OF ILLEGAL FORECLOSURE Fort Worth Texas

Please consider joining us in a class action suit to fight back against these illegal processes.

My story is already out on this site. If you would do a search for Mortgagefraudwlsfargo! you will be able to find a review, I think to your story. I have been contacted by several other people with forced foreclosure an fraud mortgage dilemas.


Thank you for your time.
Cathy

P.S. I know its hard but don't give up hope. An remember togetherness makes us stronger. God Bless.

In the past two decades we have sent three men to the penal system for the rape and molestation of our daughter; we have watched a child grow into a very disturbed women and we have faced the demons of our past. We have struggled through raising three beautiful children with very little support from the biological father or the court system. Due to this lack of support of the court systems, once we did get into a position where we might have a chance at a decent life, we are hit for garnishments for medical bills on the children and the amounts taken out of our pay did not afford us a house payment.

We searched for help in the form of a bankruptcy attorney, expecting to be told the truth about our situation, only to find out five years and $75,000 later that we were placed in the wrong chapter to begin with and the nightmare that we were going through could have been over back then. In 2003 we sent a son to Baghdad; lost a long-time job and lost a son-in-law and grandson in a horrific car crash on Labor Day weekend. Blessings that year were the birth of our third grandchild; her survival of the crash that killed her dad and brother; and the discovery of my husbands true sisters and brothers from who he had been separated from due to an adoption over forty years earlier. If we did not count our blessings we would have surely collapsed under the pressure of that year.

In 2004, after having to convert from a Chapter 13 to a Chapter 7 in bankruptcy and losing the $75,000 invested over the past five years into bankruptcy, we just wanted to get on with our lives and pick up the pieces. We went in search of a refinance of our home, so that when we finally were discharged from bankruptcy we could get on with our lives, and unbeknownst to us, we fell into a viper pit that went by the name of Loan Giant. Being forthright it was explained to the loan representative that we were coming out of a pretty horrific year and that we just wanted to get on with our lives. We were ensured that the process would be a smooth one. It was not. We were drug through four months of lies and deception, but we were stuck. By the time that we realized that this company was taking us for a long ride it was too late. We either were getting financed by them or we were losing our home. Yet, another devastating blow that would bring me to my knees.

In April, our daughter financed a trip for us to go and see my husbands new found family and then to meet up with a group of our friends for a Hawaiian vacation. It was a trip of a lifetime and we were very grateful for the opportunity to go. However, there was a flaw due to the fact that we were still trying to get to closing on the refinance. The loan representative assured us that the process could be taken care of out of state and on April 8, 2004, we went to closing in Sacramento. It was finally over, we could resume our lives. We would find out later that this incident would end up consuming our lives.

Being self employed is a difficult lifestyle at times and in December of 2005 it proved to be just that. My husband, who is co-owner of a hardwood flooring company, was experiencing a downswing in his work and we fell a month behind on our mortgage payment. The following month when the bill came in I paid the current month payment and the late payment as scheduled and continued to do this until September when we discovered that the current mortgage company was trying to foreclose on us. The kick was that we found out by area realtors offering a solution to our problem. My husband called and the price of which they wanted had escalated to over $5,000. We were one month behind, so we took it to our attorney, who advised that we again, file bankruptcy. The thought of going through another bankruptcy that we didnt deserve to be in sickened us, but we had no choice. That was in November of 2005.

On December 14, 2005 I received a copy of the mortgage companys claim to the bankruptcy court and attached was a copy of our mortgage document. I had never seen this document before so I began to look through it. When I turned to the signature page I immediately knew that the signatures were not ours. When I turned to the endorsement page I was extremely shocked. The document had been notarized in Oakland County Michigan, by a notary stating that we were in his presence when the document was signed. This discovery has ignited a two-year nightmare that just doesnt show any signs of ending soon.
We went into the federal court system with a 37-count adversary complaint. When the trustee discovered the nature of the complaint, he hired an attorney to jump on board with us as plaintiffs in the case. Our first instinct was that this was a conflict of interest and as we discovered later it was definitely that. After we won our avoidance of the mortgage due to fraud, the trustee turns around and wants to sell the mortgage. Lets not forget that we are still in the throws of bankruptcy. The avoidance of the mortgage, as argued by the trustee, is not entitled to the exemptions that we have asked for, which would make sense except that the trustee is trying to sell the original mortgage (the voided one) back to the defendants for $30,000 that is to benefit our estate. They want to take away our exemptions because the mortgage was voided, force a new mortgage on us for an additional $30,000 with the defendants and then double our bankruptcy payments to make up for the lack of the exemptions. The reality is that the $30,000 that is paid by the mortgage company doesnt go to the benefit of the estate; it goes to the benefit of the trustee and his attorney, who has already been awarded all the money that we have paid into the non-confirmed plan in the amount of over $12,000. The reality is that the major conglomerate that holds the note has more money than we do and they have dragged this out with constant motions bankrolling all they can until we lose the will and resources to fight.

To make matters worse, because we have successfully had the mortgage avoided, the trustee now states that we are not entitled to the $46,000 exemption that we would have had if the mortgage was still in tact. They want to remortgage the house and keep us under bankruptcy with no benefit from the exemptions we would qualify for if this had been a LEGAL mortgage. We are in a catch 22...we are damned if we do and damned if we dont.

We like millions of others are fighting for our lives and everything that we have tried to do over the past eleven years is at risk all because someone decided to sign our name and notarize them. We wanted a clean mortgage so that we could just go on with our lives. What we got were lies and deceit, fraud and forgery, and more years taken away from our lives than I care to remember. Yet we are the ones who in the end will be the ones that are punished as if we were the criminals in this mess. What is really sad is that we cant find anyone that will stand up for us (outside our attorney) because it has to do with the federal court system and everyone is afraid to help us deal with this so that we can get a fair shake.

How is it fair that we fell a month behind and three years later, due to an illegal foreclosure attempt and then discovered forgery, now owe $123,000 more than we owed on November 17, 2006? How is it fair that we have been put through all the mental and physical stress associated with this debacle? How is it fair that the trustee can sit as a plaintiff with us to win the lawsuit, only to take that and use it against us for the gain of the trustee and his attorney? How can the federal bankruptcy system allow this to happen? How is it that this is the second time that we have went to the federal bankruptcy court for relief only to lose both times major amounts of money that supposedly was for the benefit of our estate??? How is it that we can pay a car off in the bankruptcy and the company be able to swoop in during a conversion and repossess a car, that according to the trustee is paid off, in full and then some? How does a victim end up holding on to an additional $100,000 plus debt by reporting fraud? How is it fair?

The reality is that we have a home that is falling down around us by the day, we cant afford to fix the home because we are all tied up in this hell and dont know if we are even going to be able to keep our home. A crime was committed against us and yet we are the ones that are suffering from the initial action and now we are being harmed by the very court system that we are asking relief from. The judge did grant us a judgment against the notary that forged our signatures and then notarized the document, however, instead of them trying to go after the judgment, if its even collectible, they are trying to get us owing as much as possible in legal fees and an involuntary mortgage. Instead of the mortgage company going after the title insurance, that we paid for and it only protects them, they are coming after our property. The courts take away an exemption because the mortgage is void; yet want to lay the mortgage back on us without the exemptions, doubling our bankruptcy payments.


How is it that we are the victims of a crime and yet we are the ones being crucified? They want all this money from us, yet the last time that they had control of our money we ended up owing over $10.000 more on our house than when we originally went into bankruptcy; even though I have a document from the trustee that states $52,000 was paid on the principle of the house as well as stating that the 1995 Chevy Lumina that we owned was paid off and then some, however, it was repossessed within hours of our lawyer filing a conversion from Chapter 13 to Chapter 7.


This year will mark our 11th year of dealing with the bankruptcy courts and being raked over the coals. We have a home that is losing value by the day, just on the merits that it is falling apart. We were wronged by a mortgage company and proved it in court, and because of that we will never be able to get out of this debt that has now well surpassed any amount that we could have imagined and is going up every day. This is why people dont stand up, because when they do the system fails them. Now, because of this fiasco, should we lose this home, our credit will never be the same. We may be doomed to be homeless all because we chose to fight. If we had walked away in 2005 we would have at least had some credit to work with to at least get us into a rented home, but now, thanks to this, we may very well lose it all and not ever have the ability to recoup.


UPDATE: After talking to our attorney today it is the courts intention to force us into an involuntary mortgage, however, we will lose our home most likely due to the fact that the attorney fees have escalated in this case and the bankruptcy laws insist that the attorney fees be paid first. We are victims being re-victimized by the bankruptcy court and US Bancorp.