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Report: #286624

Complaint Review: World Savings Bank, F.S.B - Oakland California

  • Submitted:
  • Updated:
  • Reported By: Sparks Nevada
  • Author Confirmed What's this?
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  • World Savings Bank, F.S.B 1901 Harrison Street Oakland, California U.S.A.

World Savings Bank, F.S.B Loan Modification deception fraud and professional negligent in reference to single family residence Oakland California

*Author of original report: Resonce to World Savings Banks Responce and filed to expunge Lis Pendens

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First Cause of Action
World Savings loan modification department phoned Eric M July of 2006 offering a loan modification to lower the payment approximately $300.00 per month by lowering the Neg-Am interest rate portion of the loan. World Savings charged Eric M through his Wells Fargo's Visa credit card $250.00 to complete this transaction (Exhibit A). World Savings mailed the Modification loan papers (Exhibit A) to Eric M Via Fed Ex. Eric M within 3 days complied by signing and notarizing then mailed them back to World Savings using their self addressed envelope. The loan modification did not take place. Eric M noticed the payment was the same the following months Due for September and immediately contacted the modification loan department at the end of August 2006.

On August 29th 2006 World Savings mailed conformation papers to Eric M. Eric M confirmed with World Savings it was ok to modify the loan (World Savings Conformation Exhibit B). Eric M made phone calls to the World savings loan modification department from August to December of 2006 and the loan was never modified as confirmed and or as promised. Eric M discussed this issue for the last time in December of 2006 as no more payments will be sent till the loan modification is completed. July 30th 2007 the front door was posted for auction sale on August 14, 2007 without prior notification
.
Second Cause of Action
The proceedings to sell a residence without notifying the owner are unlawful. Selling Eric M Residence through Golden West Savings Association Services (Exhibit C) with errors on the loan is professional negligent. Failing to resolve previous commitments as promised is requested of the courts to stop all transactions such as sale or any change of ownership till the trial set date therein.

Third Cause of Action
Eric M is seeking punitive damages exceeding $25,000 for his pain and suffering. Eric M has a family which are victimized and are facing being without shelter do the errors on the loan. Since foreclosed on October 22, 2007 regardless of Lawsuit Case number 617910 in Stanislaus County Courts Modesto California.

Etvm
Sparks, Nevada
U.S.A.

This report was posted on Ripoff Report on 11/25/2007 03:39 PM and is a permanent record located here: https://www.ripoffreport.com/reports/world-savings-bank-fsb/oakland-california-94612/world-savings-bank-fsb-loan-modification-deception-fraud-and-professional-negligent-in-286624. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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1Consumer
0Employee/Owner

#1 Author of original report

Resonce to World Savings Banks Responce and filed to expunge Lis Pendens

AUTHOR: Etvm - (U.S.A.)

POSTED: Tuesday, November 27, 2007

Eric Mesi is asking the courts to not expunge the Lis Pendens recorded
August 21, 2007 with Stanislaus county recorded document #2007-0107529-00 until this case is satisfied. Eric Mesi has made an attempt to negotiate settlement by contacting Christopher A. Carr known as World Savings attorney regarding this case.

There are a lot of assumptions from World Savings as in statements stating it is assumed Eric Mesi received the TS sale notification that there was an envelope returned opened. Eric Mesi did not receive any notification until his door was posted. World Savings has assumed they could take customers monies and not follow through as promised on their Modification agreements. In business assuming is not factual and is a poor business practice. It suggests World Savings is assuming Eric Mesi was aware of the TS sale in Christopher A. Carrs Exhibit 5 fax regarding communication with Brenda and fax to World Savings. The fax does not indicate Eric Mesi was aware of the TS Foreclosure on the home. The fax was transmitted after the door was posted see fax conformation Exhibit B. It is noted in Exhibit B World Savings left the remainder of the fax out of their exhibit Number 5 which suggest misleading and hiding information from the court.

Eric Mesi has asked Billie Charles who works as the sales staff of the modification department which represents World Savings of what the interest will be upon completion of the modification and how will this lower his payments by paying World $250.00 to modify his loan. The amounts were never given to Eric Mesi which turned out to be deception by taking Eric Mesi monies, and never modifying the loan as agreed. Eric Mesi spoke with Christopher A. Carr attorney which is representing World Savings regarding the loan Modification in person during the last TRO injunction hearing at 2744 2nd Street, Ceres, California September 21, 2007, the loan modification would not have reduced the amount of Eric Mesis payments in fact would not have benefitted Eric Mesi at all. It has been stated by Christopher A. Carr attorney which is representing World Savings in this case that Eric Mesi is not clear in his statements. This case brings forth the

Following (refer to Exhibit A):
1. Violations of Truth in Lending Act, 15 U.S.C.A. 1601, et seq;
2. Violation of Bus. & Prof. Code 17200, et seq. - "Unlawful" Business Practices (TILA)
3. Violation of Bus. & Prof. Code 17200, et seq. - "Unfair" and "Fraudulent" Business Practices;
4. Breach of Contract

5. Breach of the Covenant of Good Faith and Fair Dealing; and
6. Violation of Bus. & Prof. Code 17200, et seq. - "Unlawful" Business Practices (Fin. code 22302).

Eric Mesi was not informed or updated on what World Savings intensions were in completing the Loan Modification and included what the interest rate will be after the completion of the Loan Modification and how the newly Modified Loan will benefit Eric Mesi as World Savings left these questions unanswered. I ask World Savings to supply the courts with financial records that were intended for Eric Mesis newly modified Loan as an end result. After 8 months or 265 days Eric Mesi waited for his loan to become complete. Eric Mesi called World Savings Modification department questioning why the interest remained the same as the prior month, in which I Eric Mesi recognized the loan modification did not take place as agreed. Eric Mesi stopped payments with World Savings and explained to World Savings Loan Modification department and there customer service department payments will stop until the Loan modification is complete or Eric Mesis, monies was refunded which was charged on Eric Mesis credit card. World Savings did not respond to Eric Mesi by telephone or in writing to either request and made a decision to foreclose one year later. Because of the lack of responsibility on World Savings part at the request of Eric Mesi it was decided to not send payments until World Savings made good on there end of an agreement. Eric Mesi was not expecting World Savings to Foreclose on the property, as most bank institutions would have foreclosed in three months not one year. Eric Mesi felt they were working on the Loan Modification which was to be in progress. Eric Mesi was more than willing to reply to World Savings by signing three of the same contracts in which were notarized and sent back to World Savings using World Savings supplied envelopes. Eric Mesi had intensions of residing in his primary residence which he made numerous upgrades in the home exceeding $40,000.00. Eric Mesi sent an email to Christopher A. Carr attorney who is representing World Savings explaining some of the options in the home and exercising his settlement on this case (Please see Exhibit.

Eric Mesi has been a long term customer of World Savings and has had a Loan Modification in 2002 when the housing market was on the upscale. Monies were charged to Eric Mesi's Visa and the Modification took place in 9 days. World Savings Loan Modification took place before Eric Mesi returned the contract to World Savings loan modification department, it was explained to Eric Mesi to sign the papers at his earliest convenience and the fact that Eric Mesi paid for the services of modifying the Loan it was a contractual agreement in itself. During 2006 the housing market took a down slide and World
Savings decided to keep Eric Mesis monies and not comply with the Modification of his Loan. It is recognized through World Savings responses the biggest percentage of their request is for Monies. It is evident World Savings has no concern for their customers, in whom they affect by their decisions.

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