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Homeowners Trying To Get Loan Mods: Where They Stand Now

We are checking back with some of the homeowners we’ve profiled over the past year. Some homeowners received modifications that prevented foreclosure, some are still in limbo and others have moved on. Now, we’re checking back with some of the homeowners we’ve profiled over the past year.

File photo by Spencer Platt/Getty Images

ProPublica has been covering the government’s foreclosure relief effort since the Obama administration launched the program in the spring of 2009. This week, ProPublica is checking back with some of the homeowners we’ve profiled over the past year. Some homeowners received modifications that prevented foreclosure, some are still in limbo and others have moved on.

Frances Gomez, Still Not Back in Her Home Despite a Mistaken Foreclosure

In a story last May with USA Today, we wrote about how disorganization at banks was causing premature or mistaken foreclosures—a problem that continues to be prevalent. The story highlighted the case of Frances Gomez, who lost her home in Tempe, Ariz., while she was still in the modification process. At the time, Bank of America told ProPublica that it had made a mistake—that it improperly denied her modification and that it would unwind the foreclosure to make things right. Now, eight months later, Gomez is still not back in her home.

Gomez needed a loan modification because her hair-salon business took a sharp hit in the recession, making her fall behind on her mortgage. After ProPublica’s inquiry, Bank of America bought back Gomez’s home two weeks later, but Gomez still faced the same problem with affording her mortgage payments. She also owed about twice as much on her mortgage as the home was worth.

Bank of America offered Gomez a loan modification, but it actually increased her payments a bit and added an extra $50,000 in accrued interest and fees to her principal balance. Gomez says she couldn’t afford those payments then, and she can’t afford them now. She wants to move forward, but she says she can’t get a hold of the attorney representing the bank.

For now, the home is sitting empty—Gomez says she only recently learned that the house was back in her name, and she doesn’t want to move back in until she has a loan modification that resolved her problem in the first place. As an unintended consequence, Bank of America now says that Gomez doesn’t qualify for help through the government program because she doesn’t currently live in the home, a requirement of the program. It was her primary residence before she was evicted.

Bank of America says it needs updated documentation from Gomez to consider reducing the amount she owes. A spokeswoman said the bank didn’t know Gomez was trying to reach its attorney and will contact her about the documents and to “and address any questions she may have.”

Nathan Reynolds, Still Denied a Loan Mod

In January we documented the story of Nathan Reynolds, a homeowner in the Chicago area who was denied a loan modification because Chase said his hardship was temporary. The reason Chase says it wasn’t permanent: Reynolds said he was optimistic that the economy would rebound.

The denial came despite the fact that the program guidelines make clear that those with temporary hardships can still qualify. When ProPublica asked about the denial, Chase said that Reynolds didn’t qualify because he had no drop in income. Reynolds couldn’t believe it, but he resubmitted documents showing his income fell by 50 percent. When we published the story, Chase told ProPublica it would review his new paperwork.

Since then, Chase denied Reynolds two more times, saying he made just $1 a month and that he didn’t have an adjustable rate mortgage, both of which Reynolds disputed. He tried to challenge the analysis again at Chase but was told that he had no more venues to pursue. His only option, he was told, was to apply all over again. It had been over a year since he first applied, and Reynolds said he had “jumped through hoops like a trained circus poodle” to no avail. “I didn’t want to be back in that loop again,” he says.

Chase spokeswoman Christine Holevas says Reynolds does not qualify for a modification. “There are several alternatives other than a modification to avoid foreclosure and we hope to work with Mr. Reynolds and homeowners like him to find one that can work for their particular needs,” she wrote in an e-mail.

Reynolds hasn’t made a payment since he was denied in November 2009, but he also hasn’t been foreclosed on. If Chase does try to foreclose, he hopes he’ll be able to make a good case to a court-appointed mediator that he was wrongfully denied. He wants the accountability he says he hasn’t found elsewhere. “When I do go to foreclosure, I want to sit down and let it be dealt with at a court-level because, at this point, Chase is just ridiculous,” he says.

Suzanna Wertheim, After Media Attention the Terminal Cancer Patient Got To Keep Her Home

Photo by Armand Emamdjomeh/ProPublica For Oakland homeowner Suzanna Wertheim two years ago, one day changed everything—the day she lost her job and learned she had terminal cancer. Struggling to pay her mortgage, she spent a year and a half running around what she called a “Kafkaesque” experience trying to get Wells Fargo to modify her loan. After we profiled Wertheim and she appeared on the Rachel Maddow Show, Wells Fargo offered her a modification that lowered her interest rate, extended the term of her loan and erased over $20,000 in fees, bringing down her monthly payment to something she could afford.

Wertheim calls the modification a “godsend,” shedding the mental strains of fighting to stay in her home. Soon after getting the modification, Wertheim learned her cancer had metastasized to her spine, cervix and brain. The former hospice nurse is now in hospice care herself, resting in her home during her final days. “The irony doesn’t escape me,” she says.

She says having a modification is allowing her to die in the comfort of her own home. In a recent e-mail, she wrote, “It means a lot (the world) to be able to remain in my home now.” Two of her kids are staying with her, and her mother has come to help care for her as well. Wertheim plans on leaving the house to her children.

Wallace Farmer, Moving On and Happier for It

Photo by Amanda Lucidon/ProPublica It’s been a little over three months since we documented how Wallace Farmer moved out of his Baltimore rowhouse. After more than a year of haggling and delays with Chase, Farmer became one of many homeowners who had given up on getting a loan modification. He found the stress to be unbearable, and when he took a look at the numbers, a loan modification wasn’t going to change the fact that he owed more than twice what his home was worth. So, he packed up and moved on.

Farmer’s been trying to start fresh. He filed for bankruptcy and moved into a one-bedroom apartment closer to his work in Washington, D.C. “I never thought I would ever feel happy during a bankruptcy, but starting over is OK,” he says. Farmer says he doesn’t miss the house at all, and he is considering downsizing again to a studio. Mostly, he just misses his cat, Go-Go, that he had to give up right before the move.

As part of trying to build a new life, Farmer changed his name, though he knows he can’t hide from his bad credit. “Your social security number is your social security number,” he says.

And this month, Farmer graduated from college with a degree in business administration. “When one door closes, you just gotta open another one,” he says. “You gotta keep it moving.”

2 years and counting.  “All HUD will allow us to offer you is OUR Chase CHAMP.  We know it’s much more than 31% of your monthly gross income, but you can afford it.  We don’t do HAMP or FHA-HAMP because we here at Chase have our own programs and don’t follow government guidelines.  Thank you for choosing Chase and have a nice day.”

I didn’t CHOOSE Chase - I got stuck with them via a refinance I did through iFreedom Direct in 2008.  I DO qualify for an FHA-HAMP because my loan is an FHA loan (even though Chase says they “don’t deal with those”).  Per Carol Masters at Chase, even though I’d sent in an application (2x) for the FHA-HAMP, they “just didn’t even consider it because we have our own programs here and your income is too high because you included your child support.”  This even though Carol told me over the phone (and in numerous emails - and yes, I have copies of them) I was “the ideal candidate for FHA-HAMP.  You meet all of the guidelines.  You’re approved and just need to go through final review with our underwriters.”  Hmmmmm..  so, which is it? Anyone?

Parallel Foreclosure

Jan. 6, 2011, 9:54 p.m.

Hi Michele, I have a suggestion I would like to make to you in private.  Any chance you might include contact information on your blogs?

Parallel Foreclosure

Jan. 6, 2011, 10:14 p.m.

Jed, I believe you have been victimized by HAMP, as has everybody else who applied. I wrote an article about HAMP that highlights the main problems that I have found through research.

http://www.parallelforeclosure.blogspot.com/2011/01/us-government-may-be-using-hamp-to.html

Homeowners and states fighting back and demanding foreclosure mediation.
http://www.swarmthebanks.blogspot.com/2011/01/foreclosure-mediation-being-forced-down.html

The economy could be improved without any bailout funds.  http://www.wallstreetchange.blogspot.com/2010/11/2010-after-election-4-point-economic.html

acmodspecialists

Jan. 6, 2011, 11:28 p.m.

These abuses from Banks are not going to stop until people get organize, takes to the streets in protest and hold these politicians accountable specially this new congress that we finding more and more that they received incredible amounts of money donations form the Financial world

MicheleMoore-Happy1

Jan. 6, 2011, 11:44 p.m.

Thanks Parallel Foreclosure -

My contact information is posted on ALL of my blogs and web sites - http://www.michelemoore-happy1.com/contact-michele-moore-happy1.html

and http://www.reportingwrongdoing.com/contact-reporting-wrongdoing.html
 
Try leaving a comment there.  I’m in New York City now.

KAREN MCCANTS

Jan. 7, 2011, 12:32 a.m.

ANY ONE INTERESTED IN JOINING ME FOR A PROTEST AT ONEWEST BANK WITH FULL MEDIA COVERAGE AT THE PASADENA HEADQUARTERS PLEASE EMAIL ME—-I HAVE BEEN TRYING TO GET A LOAN MOD FOR MONTHS AND EVEN THOUGH I QUALIFY, THEY DELAY AND DELAY UNTIL YOU WAKE UP ONE DAY AND YOU ARE IN FORECLOSURE—-IT IS CRIMINAL—-WE NEED TONS OF MEDIA ATTENTION WITH OUR STORIES—-JOIN ME—-  .(JavaScript must be enabled to view this email address)

And, now Issa wants to “only focus on Fannie & Freddie with regard to the foreclosure crisis.”  What about the servicers, who are the REAL problems here.  Oops - Obama did it again.  Let’s hope this changes and quickly.

Bank of America I have fought them for two years and now on New Years I have an added problem my mother could not stay where she was because she got sicker the cost is unbelievable for a caregiver so I moved my 90 year old mother in with me for as long as she lives in a house that is about to be foreclosed on. I am at my wits end!!!!!

susan , contact the OCC and file a formal complaint.your hardship has increased and you may consider any ss income if you need it to qualify.if you post your scenario i will comment

Nissim Sasson

Jan. 7, 2011, 7:21 p.m.

Issa is theatrical bull that all he is I know because I’m also from San Diego and here in SD we know very well who he is If he really wanted to do some serious investigation he will start with investigating the Banks and Servicers even more now that evidence that some banks, servicers and mortgage firms may have used fake witnesses, fake notaries, fake documents and false affidavits during the foreclosure process.
Hey ! but i guess they are untouchable to Mr. Issa

Here’s further confirmation of the close relationship between Washington and the banks.  President Obama just plucked William M. Daley right from JPMorgan CHASE, to be his new Whitehouse Chief of Staff!

Even as CHASE continues to defraud Americans every day, the President is supporting their infiltratation of Washington.  What chance is there that these crooks will be brought to justice by Washington, when they ARE Washington?

With this single act, Obama, has forever lost my support.

nissim sasson

Jan. 8, 2011, 4:26 a.m.

Yes! and he picked up Gene Sperling who has worked: and served as a consultant to Goldman Sachs, so see? we are doom! you can kiss goodbye your loan modifications, welcome to the real world, Obama fooled us all he is a Republican dress as a Democrat !

From Wikipedia:

On January 6, 2011 President Barack Obama named Daley as the White House Chief of Staff, to assume the position sometime in late January or early February 2011…..

Daley’s appointment was “vociferously condemned” by “leading progressive voices” including MoveOn.org and Rachel Maddow of MSNBC, while being enthusiastically supported by “JP Morgan Chairman Jamie Dimon (who first suggested Daley), the Chamber of Commerce, the Third Way, and Karl Rove.”[8] The choice was questioned due to the fact that “Daley was an outspoken opponent — in public — of two of Obama’s most prominent legislative items: health care reform and the financial regulation bill’s consumer protection agency.”[8]

... and from the New York Times:

WASHINGTON — He is a top executive at JPMorgan Chase, where he is paid as much as $5 million a year and supervises the Washington lobbying efforts of the nation’s second-largest bank. He also serves on the board of directors at Boeing, the giant military contractor, and Abbott Laboratories, the global drug company, which has billions of dollars at stake in the overhaul of the health care system.

And now William M. Daley, the son and brother of Chicago mayors and a behind-the-scenes political player himself, will hold one of the most powerful jobs in Washington: chief of staff in the White House, where he will help decide who gets into the Oval Office and what President Obama’s Capitol Hill agenda should be.

Parallel Foreclosure

Jan. 8, 2011, 1:12 p.m.

As a lifelong democrat, I can tell you that I CANNOT STAND the PROGRESSIVES in the democrat party, they ruined the democratic party in my opinion.

The rationalization for hiring Daley would be that it allows for the White House “team of rivals” philosophy to play on.

I personally think that Barack Obama likes the team of rivals concept so he can show everybody how smart he is at coming up with the best compromise solution.

nissim sasson

Jan. 8, 2011, 5:08 p.m.

Parallel Foreclosure, If the representatives would listen to the progressives in the health care reform we would have a public option which would made the health care reform a lot better, we would have a much better wall street reform which needs serious regulations, we would ended already the incredible waste of money in both unreasonable wars specially now Afghanistan, were they even find some of your taxes money going to the Brother of Karzai (the found him with a briefcase of 52 million in cash)  and all the money wasted with defense contractors, (costofwar.com/en) And If the representatives would listen to the progressives, We would probably ended at least some of the abuses committed by the banks which we all know that there is evidence that some banks, servicers and mortgage firms have used fake witnesses, fake notaries, fake documents and false affidavits during the foreclosure process. And i am sorry to tell you but I only hear the progressives talking about all of these issues, I hear some independents, some dems and almost no republicans or none

Gentlemen- TALK is about ALL I have heard from any of them!!! How many million $ did the reading of the Constitution cost us the other day? Oh yeah, and a few of them missed their swearing in, due to their being at a fundraiser. Give me a fricking break!!!!! They want to repeal the healthcare bill (how about they give up THEIR health care package for what they vote in for US) which WILL add BIG$$$ to the deficit they wanted to bring down. Only reason their sorry asses were elected were promises to do so. One of the worst things they can do is not support financially the new Consumer Financial Protection Bureau, along with confirming Elizabeth Warren to head the program. Business as usual…............................................

Parallel Foreclosure

Jan. 8, 2011, 8:32 p.m.

nissim sasson, if progressives had been more disciplined and respectful they should have waited on the sidelines just a bit rather than kicking Hillary Clinton to the curb so early on in the race.

Unfortunately, the progressives went with someone who closer to their own age group, thereby exhibiting the ultimate narcissism that usually leads to disappointment.

Have you heard the latest? A judge in Cleveland was foreclosed on by Chase while in negotiations for a loan mod…told to miss payments etc. the usual scenario. Details in Mandelmans Matters. Just another example of those damn irresponsible sub-prime loan acquisitioning homeowners!

Parallel Foreclosure

Jan. 9, 2011, 4:57 a.m.

Roy, the just is ANOTHER example of….drum roll please, http://www.parallelforeclosure.com in which the media refuses to use the phrase parallel foreclosure.

It is really sad because the word could spread so much easier if people who applied for HAMP and were rejected simply understand that that automatically made the parallel foreclosure victims.

Parallel Foreclosure

Jan. 9, 2011, 5:14 a.m.

I found an outrageous foreclosure case that so upset me I have started a new blog called http://www.unfairforeclosures.com

Please feel free to contact me with any unfair foreclosures you know of.

nissim sasson

Jan. 9, 2011, 1:38 p.m.

Parallel Foreclosure on your comment Yesterday, 8:32 p.m, I agree with all of it Roy, when these abuses by the Banks start hitting, Judges, representatives alike, then maybe finally will have a wake up or like Parallel Foreclosure mention in his article only the 50 attorney’s generals may be the best choice to stop this nonsense and prosecute the offenders.
Lets hope

acmodspecialists

Jan. 9, 2011, 2:01 p.m.

Parallel Foreclosure, the main problem is that the case on unfairforeclosures.com is a lot more common that what people think or know, the hope is to put all of these cases in the open Just like you guys at parallelforeclosure.com, unfairforeclosures.com, 4clousorefraud.com, Mandelmans Matters, foreclosurehamlet.org, and of course propublica are doing , great Job ! these are some of or only hopes, hopefully and one day finally the people, the media, the judges and the representatives, will start putting the attention of all these abuses deserved
I can only hope

by Cynthia Wilson – insideARM.com – November 5, 2010

A segment of the accounts receivables management industry was affected last month when several of the nation’s major banks halted foreclosures and the sale of foreclosed properties to look into their practices.

Delmar Financial Services in Boca Raton, Fla., which does back office accounts receivables management work for law firms specializing in foreclosures, was among them.

“Our larger clients came in and said ‘stop doing what you’re doing. Put everything on whole while we try to figure it out,’” recalled Chris Conway, Delmar’s senior vice president. “Everything is still pretty much at a standstill. Some things are continuing to go forward after everything is verified.”

Some banks, including the nation’s largest mortgage servicer, Bank of America, have resumed foreclosures. But the scandal that stems from lenders use of “robo-signers” to file thousands of affidavits swearing that they had personal knowledge of the debt owed still may have a broad impact on the ARM industry.

For starters, it has made the ARM industry more vulnerable to regulation or activists judges, experts say. If nothing else, the foreclosure scandal has given consumer attorneys ammunition for lawsuits or defenses.

“It will, in some instances, bring up affirmative defenses to prove that the debt is valid, especially if (collection attorneys) take the legal route,” Conway said.

Some industry insiders said the foreclosure mess may even impede debt buying in that space.

“I would think the types of issues being investigated would have a chilling effect on buyers of these types of loans,” said Al Brothers, CEO of Cavalry Portfolio Services, a debt buyer. “In some ways, when buying a loan you’re stepping into the banks shoes in that you’re buying a problem that might be their problem.”

On November 16, the Senate Banking Committee will hold hearings to see just how widespread the problems are with processing foreclosures. Whether or not the hearings set the stage for new regulations at the federal level, the allegations against the banks have drawn the attention of 50 state attorneys general who are investigating foreclosures in their states. Some attorneys general have admitted that they don’t expect their investigations will overturn foreclosures. But foreclosure experts say the AGs do expect to find problems with documentation.

“What you’ll likely see is major fines levied against the servicers and potentially criminal prosecution. You’re looking at a situation where someone might be found guilty of falsifying court documents,” said Rick Sharga, senior vice president at RealtyTrac, a public data base of U.S. foreclosures and bank owned property.

Sharga said the AGs are pursuing the investigations because they want to preserve the integrity of the judicial process given the questions the foreclosures raised about proper documentation and legal ownership. Now that The New York Times has reported that debt buyers also have employed robo-signers to file affidavits to collect on credit card, auto loans and other consumer debt, chances are that state AGs will turn their attention to the collection practices of debt buyers too.

In the end, the banks will be able to prove that nearly all of the homeowners facing foreclosure have defaulted on their loans and that their bank is the rightful owner of the debt. But some debt buyers may have a harder time given that much of the debt they buy has been sold several times over several years.

“The buyer should have documentation,” said Kaulkin Ginsberg Director Mark Russell. “The challenge is, not all credit issuers have an ability to give all the proper documentation when they sell a file.”

That problem becomes more significant for debt buyers and collection agencies that have to appear in court, said Mark Parsells, executive chairman of Global Debt Registry, LLC, the ARM industry’s first and only debt titling firm.

“If you can’t prove you own it and that the amount you are trying to collect on is accurate and up to date, you’re going to start losing cases and get countersued as well,” Parsells said.

Parsells says the ARM industry can avoid such problems by adopting title policies that begin with the original lender and are required each time the debt is sold.

“The concept of titling is a common sense concept. It’s done with cars. “Similarly, a person would never buy a house without a clean title,” he said.

So far, no judge has canceled a foreclosure because of faulty documentation, Sharga said. But that doesn’t mean it won’t happen.

“The (financial) industry should be concerned about the prospect of more activist judges trying to set precedent by overturning foreclosures because of these paperwork issues,” he said.

Permalink: http://www.insidearm.com/daily/collection-laws-regulations/collection-laws-and-regulations/foreclosure-gate-and-robo-signing-leaves-arm-industry-vulnerable/

Here’s a link to the above info, wouldn’t fit with the article.

Why am I disappointed and/or surprised to see that Bank of America is still on track or back on track.  They are singularly devoted to collections and foreclosures no matter what, obviously.

There are lots of companies, lots of greed, lots of fingerpointing, but Bank of America, I have to say, ranks right up there on top imo.  Of course as far as foreclosure matters go I’ve not dealt with anyone else, just mainly reading.

Still, I think BOA’s performance shines like a beacon to any who would search for a dedication, a blindness to the pain they cause or the wrongs they do.

Activist judges?  Do they mean judges who actually give a damn?  I’d like to think that isn’t their intent but it does seem so.

Quoting:

Some attorneys general have admitted that they don’t expect their investigations will overturn foreclosures. But foreclosure experts say the AGs do expect to find problems with documentation.

Unquote.

That’s interesting, in light of the fact of so much fraud the AGs don’t see it changing much.  Why bother then?  Sometimes I think the AG’s do what they are doing because of public pressure to DO SOMETHING.  If so, will the study be enough or do they actually have to do something / fix things?  Doesn’t seem like we should expect a lot.

Oh, I can almost hear the angst, God forbid anything impede the debt buying industry.

Disgusting imo.

Here’s a link to the above info, wouldn’t fit with the article.

Why am I disappointed and/or surprised to see that Bank of America is still on track or back on track.  They are singularly devoted to collections and foreclosures no matter what, obviously.

There are lots of companies, lots of greed, lots of fingerpointing, but Bank of America, I have to say, ranks right up there on top imo.  Of course as far as foreclosure matters go I’ve not dealt with anyone else, just mainly reading.

Still, I think BOA’s performance shines like a beacon to any who would search for a dedication, a blindness to the pain they cause or the wrongs they do.

Activist judges?  Do they mean judges who actually give a damn?  I’d like to think that isn’t their intent but it does seem so.

Quoting:

Some attorneys general have admitted that they don’t expect their investigations will overturn foreclosures. But foreclosure experts say the AGs do expect to find problems with documentation.

Unquote.

That’s interesting, in light of the fact of so much fraud the AGs don’t see it changing much.  Why bother then?  Sometimes I think the AG’s do what they are doing because of public pressure to DO SOMETHING.  If so, will the study be enough or do they actually have to do something / fix things?  Doesn’t seem like we should expect a lot.

Oh, I can almost hear the angst, God forbid anything impede the debt buying industry.

Disgusting imo.

A “chilling effect” on debt buyers, lol.  I hear the concern, not anything on a human level, but the nonstop heartbeat of the beast, the money machine.

Time will tell.  I’m far from a progressive and am not a fan of Wall Street (particularly of Dimon & Chase & the manner in which they do business), however, there has to be an ulteriour motive to Obama’s choosing Daley.  Obama (I’ve lost a lot of respect for him as well for many reasons) simply CANNOT be THAT stupid or transparent.  For him to choose Daley in order to better mesh with Wall Street is too obvious to be a slap in the face of the people he claims to want to lead properly.  It also seemed like an impulsive move on Obama’s part, especially given the current condition of the TBTF banks and all of the controversy surrounding them.  MA just had a HUGE victory against foreclosure practices & I’m sure there’s more to come.

Just seems like there’s an underlying motive here, and for it to simply be funding for a re-election campaign is far too obvious.

Time will tell.

Nissim Sasson

Jan. 10, 2011, 5 p.m.

Obama also picked Gene Sperling, from Goldman Sachs as his chief economic adviser and Volcker thy only Obama adviser that was with the people and the consumer will step down (i guess he tired of nobody listen him) So the only one left now is Elisabeth Warren which probably will have it very difficult to do anything now that she does not have anybody on her side in this administration, Obama Has lost my vote now I finally gave up on him We need a candidate for the People and I don’t care if is a Progressive, Republican, Democrat or Independent as losing as he is genuinely with the people
Once again I can only hope

Nissim Sasson

Jan. 10, 2011, 5:02 p.m.

Obama also picked Gene Sperling, from Goldman Sachs as his chief economic adviser and Volcker the only Obama adviser that was with the people and the consumer will step down (i guess he got tired of nobody listen him) So the only one left now is Elisabeth Warren which probably will have it very difficult to do anything now that she does not have anybody on her side in this administration, Obama Has lost my vote now I finally gave up on him We need a candidate for the People and I don’t care if is a Progressive, Republican, Democrat or Independent as losing as he is genuinely with the people
Once again I can only hope

Anne,

As I have posted here repeatedly, the AG’s are trying to protect the mortgage INVESTORS, not homeowners.  Why else would Tom Miller state, in his recent testimony, that the States (AG’s) only want to help in those case where a modification results in a better financial outcome for investors than foreclosure.

In keeping with the HAMP guidelines, the AG’s are in support of categorically rejecting homeowners with substantial equity, because the INVESTORS, and Servicers (via fees, penalties, etc) can make a killing by tapping that equity and kicking those homeowners to the curb.

Seems hard to believe, but the details are stated clearly in the FDIC guidelines, and in Mr. Millers recent testimony.

It’s sad to say, but THIS is America!

JS - I do believe that for whatever reason this grandstand play by the Attorneys General is not a sincere effort to help struggling homeowners.

To tell you the truth, this entire scenario, the foreclosure plus the lawsuit I face against a junk debt buyer who has no proof of anything and his only evidence is a fraudulent robo-signed affidavit.  They got a default judgment against me which I managed to get overturned finally.  Rather than do the decent thing since they have arrogantly and blatantly used fraudulent evidence against me, they continue to attack with more and more demands. 

I am not young anymore and I truly loathe, detest and HATE being forced to spend my time that I have better uses for defending myself against greedy, malicious. government sponsored liars who gorge themselves on false profits and homes illegally seized.

I am not proud to say anymore that I am an American because I see that our government has turned against us and is allowing the systematic rape and plunder of peoples homes and security.

The whole time they pretend to help but I am not stupid, I see the handwriting on the wall.

If we get any relief it won’t be because of “our” government because, as I stated previously, it is not OUR GOVERNMENT.

I am fed up with all of this to the point of extreme frustration and anger.

Anne:

I just got off the phone with a friend in China.  My plan B, if our government fails to protect me against the dishonest actions of Jamie Dimon’s Chase bank, is to pick up and move to Chengdu China, where I can rent a nice apartment for a YEAR for the cost of ONE months mortgage payment to CHASE.  I can start my early retirement there, affordably, and drop my naive beliefs about America being a land of laws.

And, I just read in today’s paper, that Chase has big plans in China.  Maybe I can make a hobby of spreading the bad word about Chase ... ie the truth.

Nissim Sasson

Jan. 10, 2011, 9:42 p.m.

After seeing all of this FRAUDCLOSURES, and how the banks don’t care about the rule of law and are untouchable I bet that if there is any rule of law in China is better that in the US
Please read the following:
scribd.com/word/embed/46528665

I actually completed an alternative loan modification with SunTrust about 6 months ago . . . or so I thought.  I had timely made all of my trial mod payments and the new payments after sending in the signed and notarized alternative loan modification agreement.  I kept called SunTrust every 2 weeks to inquire as to the status of its completion, reversal of the credit reporting errors, and a new analysis of my escrow account.  Each and every call told me that my loan was modified and in the “fullfillment” department and would be completed shortly.  At the end of Nov. 2010 I got a letter from Suntrust telling me that my loan is being transferred to Nationstar.  I immediately called Suntrust because they still had not finalized my modification even 6 months after the final docs had been signed and received.  Suntrust insisted that Nationstar will honor the modification agreement and after the loan transferred Nationstar told me the same thing.  Now I am 45 days into Nationstar and I get at least 1 call per day for collections, default letters, and a massive arrearage because my “modified” payment was not a full payment.  Nationstar told me today that in order to get my modification finalized they will need me to send them a copy of the signed modification docs (which I have already done on several occasions) and all new financial information to see if I qualify!!  I already have a signed modification doc and now they are refusing to honor it!!!  I am at a loss as to what to do, but I am a lawyer that is familiar with bankruptcy and financial crisis management.  I might sue both Suntrust and Nationstar for failing to honor the agreement, fraud, and anything else I can come up with.  I have been reading online about this same problem from so many people for the last 6 hours.  This is absolutely insane this keep happening and our government either does nothing effective or continues to make it easier for banks and lenders to defraud consumers and take government money.  This has to stop!!!  I may even have to file bankruptcy for myself because Suntrust and Nationstar are going to financially ruin me and my family!!

acmodspecialists

Jan. 11, 2011, 12:56 a.m.

Todd G, I hope you can really sue these bast,,,,,In the mean time sent your case to the AG in your state and congressman in you district,  The Iowa attorney general Tom Miller, who is leading the 50 state probe into foreclosure and mortgage abuses.  The OCC, the SIGTARP, the OTS ( Office of Thrift Supervision) and anybody that you can think of, these case and cases like yours have to be make public for the sake of the country,
Enough is enough!

@Todd…. your situation has a ring of familiarity to mine, I believe.  I signed a permanent modification that had some questionable figures in it but I was advised that overall it was a benefit to me.  No need to repeat the details as you’ve outline the general idea. 

I asked someone who called me last week from BOA for a signed copy of the modification so that I’d have something to show the sheriff he should show up to sell my home.  After a fair amount of confusion (SOP for BoA) saying they didn’t normally do that, they agreed to send one to me.

What I got was two copies of the last 3 pages or so of the modification UNSIGNED.  Of course the document does say that without a fully-executed copy with the lender’s signature its of no effect.

I continue to be charged a later charge every month, I continue to pay my own home insurance even though they are supposed to have it stopped and billed to them.

I am trying to deal with these things without getting too upset about it because frankly I’m tired of being an emotional bundle of nerves but it is not easy to do.

The junk debt scum are icing on the cake.

Sometimes, the thoughts I have, I feel as though I must be a fictional character in some nightmare/dream I’m having.  I have more than a few suspicions/reservations about my government.  I don’t think they are all bad but which one is it safe to trust?

Revolutions are for history books about civil war, border wars, underground railroads aren’t they?  And people like Scarlett and Rhett, Ashley and Melanie and Bonnie?

This character makes me laugh, almost, she see’s questionable conduct in the “halls of justice” and everywhere almost.  Each day its something new with her, some new discovery, some new layer unearthed revealing unrecognizable and unwelcome things like maggots for example.

Sometimes I can’t believe the things she says as though she sincerely thinks they were the truth, outlandish accusations, surely the product of a fevered mind.  I guess she amuses me because for a while it gives me respite from the storm to believe the things she says are crazy.

Cheap, dime-store novels are full of intrigue and double-crosses and betrayal.  But that is where those things belong, not here with me.  So when do I wake up and say it isn’t so?  I don’t want to worry about my children’s future so I really wish SOMEBODY would show me soon “not so”.

I have finally had it with Suntrust and Nationstar trying to ruin my financial life.  I have a signed permanent modification and I WILL hold them to its terms and conditions.  No more letters, no more phone calls, and no more leaving them in the driver’s seat.  I am in the process of preparing a lawsuit against Fannie Mae, Suntrust and Nationstar.  Let’s take this nonsense before a state circuit court judge and see what happens.  I will prevail!!

Unhappy Texan

Jan. 13, 2011, 4:56 p.m.

@ Todd G - If your attorney allows it, please post his name, contact info and state.  Would he/she take on inter-state cases if someone wants to join the Fannie Mae part?

everyone is so caring and helpful! Thank You!

acmodspecialists

Jan. 14, 2011, 1:13 a.m.

Todd G, let me know how it goes !

Waiting to see what you come up with Todd.

Good luck Susan, wish I could give you more than wishes.

If wishes were horses, beggars would ride.

I tried every lawyer ! I spoke to the bank all day! Funny how cavelier they are about saying NO when they made me beg for 5 years for my loan documents which were never sent! Funny how when they make a mistake it doesn’t matter because they know we can not afford to fight them. I worked so hard on Jerry Browns Campaign I really thought he would make a difference! I’m stupid! At 62 I should know better that everytime I write a Political Official and tell them my problem they thank me and ask for a donation. It should have dawned on me that foreclosures were stopped during the election.
How convenient!
The filing of a restraining order is not that easy!!!!!

Susan: Don’t feel like its personal, yes they can be cavalier.

Get this, I had an attorney call me and said he got my name from a consumer credit attorney that I had talked to but couldnt help me.

At great detail I explained to him how my situation was not with foreclosure (yes its desperate too but I’m a multi-desperational (lol) person.  I don’t believe in putting all my desperation in one basket!

I explained about the 3rd party junk debt collector who has been hassling me forever and even got a judgment against me even though I went to court AND THEY HAVE NOT ONE TEENY TINY BIT OF INFO TO PROVE THE DEBT IS MINE AND THEY OWN IT, I have been frustrated as heck.  He listened while I talked and I told him how they had taken advantage and how angry I was they are allowed to do this.

After all that, the arrogant a-hole had a proposition for me.  For $400-$500 he would “intercede” for me with these maggots who’ve been after me and “negotiate” so I could pay them in payments so they wouldn’t garnish me.

I didn’t tell him what I really thought of him, I let him spend some more time and effort and thinking he had a sucker on the line.

But a few days later I sent him an email telling him (and I’m sure he got the inference that I did not need want or appreciate his kind of help) I wasn’t paying those slummy scum suckers one cent and I sure as heck wasn’t going to pay him for “making a deal for me”.

I was very offended that after pouring out my heart (and he called me, remember) about all the abuse, he, in essence, proposed that I add his name to the list of people who would take money of mine they hadn’t earned and had no right to.

I keep trying to remind myself there are a few good attorneys but more and more it seems they must be hiding out somewhere unbeknownst to me.

Susan, btw, you can put together your own motion for restraining order.  A little research and the facts of your case, one can be had on your own.  If you need help I will do the best i can to assist but I’M NOT AN ATTORNEY all i can do is help you help yourself.  I could get in big trouble and someone could accuse me of practicing law w/o a license.

After all, these attorneys want to protect the “work” they do.

Here is the thing . . . I am an attorney in MI and a partner in my firm.  I already have a draft lawsuit prepared.  I intend to see this through to the end.  I have a copy of all of the pleadings against Suntrust that were filed in a class action in Ohio.  I also have a copy of Suntrust’s response and an idea of how they will attempt to “argue” their case.  As angry as I am and as much as I want to jump the gun I will not file this lawsuit in haste.  I want to make sure that it is carefully thought out before it is filed.  I have spoken with several litigation colleagues for a more objective analysis.  I will not be the victim of their heavy handed bullying where they think they are so big they can say and do whatever the hell they want to.  I will continue to post updates and any information that I think could be used by others.

Don’t give up! Don’t be intimidated!

Sounds like good ideas Todd.  No one else can afford to get an attorney or attract one willing to help so the fact that you have some knowledge to work on your own gives you a shot.  I realize there a lot of areas of practice for an attorney so just being an attorney is not all thats necessary but as you pointed out, you know people/sources to help you along so I say go for it.

Some people can be so kind.
You could not be kinder I spent the day on the phone talking to lawyers the bank whoever would listen. The big lawyers who were friends of friends said you really don’t have a case. You will spend money and because of your mother they won’t stop the foreclosure. It is cheaper to borrow money and offer it to them for a couple of months and see if they will take it. Bank of America is the worst and to see them say that they are trying to help people! there is a website called loansafe read what they have done to these people. It will tell you what each of those banks has doe to people.

Parallel Foreclosure

Jan. 15, 2011, 1:32 a.m.

Todd’s story sounds like a Change in Terms to me by the banksters.

The idea behind property rights, as I understand it from a non legal, but common sense point of view is that once the original mortgage terms are agreed to between the home buyer and the bank that providing the financing of the home, those terms cannot be changed without the expressed written consent of the homeowner and the originating bank that handled the original mortgage papers.

If terms could be legally be changed unilaterally, any property owner or property buyer could easily lose their land through a change in terms that they did not agree to.

Example, the banksters sell your mortgage to another entity and that new entity insists you must make the payments in person in Idaho on the 31st each month or you will forfeit your home.

Your only protection from such an outrageous CHANGE IN TERMS is that you did not agree to it, and therefore can be legally enforced.

Just because over the past 10 years all of these re-selling of mortgages, re-packaging of mortgages, securitization of mortgages, slicing of mortgages,  has gone on, does not make it legal if it voids the ORIGINAL TERMS OF THE MORTGAGE, unless, The homeowner/mortgage buyer AGREED TO THE CHANGE IN TERMS in writing.

I have yet to read a judge say that terms can be unilaterally changed by the banksters only.

ANY CHANGE in the way the mortgage is handled, in my non-legal but common sense point view, without the expressed, written consent of the home owner / mortgage payer, is null and void and should revert back to terms that were in force when the mortgage first occurred.

Here are some examples of what I think, again not as a lawyer, but from common sense, of illegal foreclosures based on CHANGE IN TERMS not being allowed without the expressed written consent of the homeowner/homebuyer.

Examples include….Whatever was true at the time of the mortgage agreement signing, CANNOT BE CHANGED. The time required to process your payments cannot be increased, the location where the payment is sent cannot be changed, Penalties and fees cannot be change, re-fi’ing the mortgage should be based on who the home buyer / mortgage payer originally signed with, not where the mortgage note has moved to.

The term “investor” is a FRAUDULENT TERM when it comes to citing “investors” as the reason why a mortgage cannot be re-financed.  They are not investors, they are RE-INVESTORS.  Again my opinion, but it is based on COMMON SENSE.

The original investor was the entity who paid to have a home built on a plot of land and than they resold it, THEY ARE THE TRUE INVESTORS. There can only be one original investor group. 

The investors after the fact ARE RE-INVESTORS, they built nothing, they don’t get to use the term investor, it is theft and fraud to claim to be an investor of a property when someone else has already paid to build the property and then sold it.

All the groups who come after are RE-INVESTORS and their rights can in no way impinge on the rights of the homeowner to re-fi their home.

If there was ever a problem or a chance to re-fi, the homeowner would either go back to the originating bank, or maybe a competing bank that might want to buy out the first bank and become the new loan arranger.

In either scenario, IT WAS THE HOMEOWNER who INITIATED the CHANGE IN TERMS to the contract, and if the homeowner can find a bank to agree to new terms, the transaction goes forward.

But now, in 2011, we are supposed to agree that the banksters can start slicing and dicing up the original mortgage and then hide behind a RE-INVESTOR as an excuse as to why the home can’t be re-fi’d?

The “RE-INVESTOR HAS TO AGREE ARGUMENT” IS NONSENSE, that sadly, has taken root as a hypnotic reality that is causing unnecessary and possibly illegal hardships to millions of people.

All of the above is my opinion simply based on common sense principals.

Unhappy Texan

Jan. 15, 2011, 2:42 a.m.

Good luck, Todd G.  There has to be a first on everything and I truly hope you are going to be the one in this case.  A Pioneer who succeeded, big time, I hope.

Please keep us informed.
P.S. too bad it was not Chase, or Wells or B of A.

This article is part of an ongoing investigation:
Foreclosure Crisis

Foreclosure Crisis: Banks and Government Fail Homeowners

Banks and the government have fallen short in helping homeowners in danger of foreclosure.

The Story So Far

Systemic failures at the country’s banks and mortgage servicers have exacerbated the most severe foreclosure crisis since the Great Depression, and government efforts to limit the damage have fallen short. ProPublica created an unrivaled database of homeowners who have faced foreclosure, opened a Facebook page to encourage homeowners to share their stories, wrote profiles of some of them, and incorporated their experiences into our reporting. We also provided a comprehensive rundown of the numbers behind the crisis.

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