Georgia citizens are being defrauded, robbed and put through hell without legal recourse. My story is not isolated.
My longtime neighbor passed away less than 2 years ago. Her son inherited her home but could not afford the payments. Her best friend and renter made a short sale offer on the home that was accepted and completed. Then received a foreclosure notice on the loan he had purchased in short sale.
How is this happening?
It is not just me. It is a widespread problem. These foreclosures need to be halted until paperwork is produced and is correct. Our entire system of Trust in banks depends on it.
Anybody here at DK have any ideas?
It seems nobody has the balls to halt these fraudulent foreclosures in non-judicial states.
RE: CHASE Bank and MERS Mortgage Fraud
Foreclosure Sale Date 11/02/2010
Dear Honorable Attorney General :
Please Look into this situation for homeowners like me who are being removed from our homes with fraudulent paperwork and deception by banks and servicers.
My mother purchased our home many years ago. She refinanced in 5/2003 with Wachovia Bank in order to lower the payments so I would be able to afford the payments on my disability benefits after she died. She passed away in 12/2003. I had been living at our home with my mother for years, even ran my Travel agency business from our home until I became severely disabled.
I took over the bill paying during the final stages of her battle with pancreatic cancer. I continued paying the mortgage notes to Chase Bank as she had been doing.
In early 2008, with the help of the Hope Hotline, I applied for a modification at a lower interest rate and it was granted. I became very ill in 2009 and requested a temporary 6 month forebearance so I could get caught up with other bills. It was granted.
I was given a different address to mail my monthly payments, which I used. Loss Mitigation/Collections from Chase continued to call me several times daily advising me that I was in danger of foreclosure. Each time I advised them of the forebearance agreement I was told there was no record in the system showing my payments. I continued contacting Chase regularly and they told me all was well with the account.
At the completion of the 6 month forebearance, I had received no information from Chase about going back into modification. I was told that the paperwork had not been transferred yet, and to keep sending the payments to the CT. Office of Chase. For 3 months I did so, continuing to contact chase regarding the return to the modification payment with no explanation of the problem in their computer system.
Then I received a call from Loss Mitigation informing me that I had no right to live in my home, I was called a squatter and told that they were sending the sheriff over to throw me out of my house, put my belongings in the yard and change the locks.
When I hung up with Loss Mit., I immediately contacted the normal Chase number and was told that I didn’t have any authority on the account and they could not tell me anything. I faxed all the paperwork (loan mod info, forebearance info and letters testamentary) to the fax number I had and was still told they did not have any paperwork.
Next, I received a letter June 30, 2010 advising me I was refused a modification due to lack of paperwork. Still nobody would speak with me about the account.
I attended a homeowners workshop at the Atlanta Marriott on July 30. I met with representatives from FannieMae, CredAbility and after 9 ½ hours, finally with a representative of Chase Bank. This was at 9:30 at night, and I had refused to leave without getting this situation fixed. All my paperwork (income, expenses, letters testamentary, identification) was examined and scanned into the computer by a Chase representative from Dallas, Tx. I was told all was in order and to contact the 800 number at Chase the following week to check the progress.
When I contacted them, they still had no record of my paperwork. I continued calling, but nobody would discuss the account with me. I then went to the Chase Homeownership location at circle 75 in Atlanta in September and met with an analyst. She scanned my paperwork into the records and referred me to another person to discuss my options in the event I decided to sell rather than fight any longer. (my health is a serious issue and this stress is making it much worse.) During this period I had been sent notice of foreclosure by McCalla Raymer, home sale scheduled for October 5, 2010.
I was advised by the woman to whom I was referred, to determine whether I wanted to sell I needed to contact a licensed realtor to get a valuation on my property. I did so. He came with a thick file in hand with all kinds of important information regarding the neighborhood, recent home sales and county records.
This is where it gets even more interesting. The mortgage was held by Wachovia Bank and MERS, not Chase I was advised. This was a big problem with selling my home. I called back my contact at Chase and was told she would get it all straightened out and send me the proper transfer information. It did not come. An employee of McCalla Raymer LLC (foreclosure mill) told me the paperwork they had all showed Wachovia and MERS. The foreclosure was postponed until November 2, 2010.
On October 5th I went to the Cobb County courthouse to obtain all the recorded property information. The clerk looked at the records and could find no record of Chase Bank. So I went to Wachovia Bank with the copy of records and they had NO record of the loan.
I went then to a Chase bank location in Kennesaw and refused to leave until I could get some assistance. I was put on the phone with a Bankers Services Default person (can only be contacted by the bank itself) who took my information and referred me to the Executive Office of Jamie Dimon "to cut through the red tape and straighten this out"
I was assigned an analyst on October 6. I left her one or two messages every day, but did not get a call back until October 12. She had no record of the modification nor of the forebearance, but she did have the letters testamentary faxed on October 5 by the Manager of the Kennesaw Chase Bank. She told me she would investigate and get back with me as soon as she had the paperwork.
Loss mitigation continued calling up to 5 times daily. I was told I was 15 months past due and could have sent my modification payment at anytime, but that I chose not to live up to my responsibility. I advised them that I had records showing Chase Bank cashing my mortgage payments through March 2010. They did not care.
I continued calling my executive analyst every day, leaving messages but she did not call back until October 15. I was on the phone with the analyst and her lead? And was then advised that the loan modification I had filled out July 30 had been declined in August because of the Wachovia lien on the house. This was the first admission that they had the loan modification information. This is the lien that was never transferred from Wachovia, I explained. Don't worry about that I was told, my worry should be getting the paperwork done.
I was told that my only option was to re apply for modification, but it had to be approved by Chase and in FannieMae’s hands 7 days prior to foreclosure sale date. They indicated it was unlikely to get through the system that fast. How well I know from months of past experience that she is right. She brushed off my concerns that if the previous modification had been declined because of the Wachovia lien that the same was still true. She did not take responsibility for it not being transferred to Chase from Wachovia. Not her department I was told.
So as of now, I cannot modify my loan (original amount in 2003 of $106,000.00) paperwork, time and deed issues not of my making. I cannot pay off the amount Mcalla Raymer LLC told me of $115K +. I cannot sell the house to get my equity due to fraudulent deed paperwork.
On October 15, 2010, Prommis Solutions/McCalla Raymer LLC filed an assignment of the mortgage to Chase Bank who had been taking my money since 2003. How could they file foreclosure on a note they did not have until last week? How can they sell my house if they don’t have the note? It does not look legal, but may be just what they need to steal my home. The paperwork they filed at the courthouse shows a sale date of November 2, 2010, guess they assume it’s a done deal.
What can I do? Reports alread filed with OCC, Senate Banking Committee, Georgia Governor's Consumer Protection, Ga. State Bar Association, Whitehouse.gov and Ga. Attorney General.
LegalAid assigned me a lawyer with NO knowledge of the mortgage industry. Has never even heard of MERS. Is looking over my case will get back with me in 10 days.
2 lawyers have asked for a $5K retainer and advised it would end up costing over $20K to save my $70K equity.
Georgia citizens are being defrauded, robbed and put through hell without legal recourse. My story is not isolated.
My longtime neighbor passed away less than 2 years ago. Her son inherited her home but could not afford the payments. Her best friend and renter made a short sale offer on the home that was accepted and completed. Then received a foreclosure notice on the loan he had purchased in short sale. How is this happening?
It is not just me. It is a widespread problem. These foreclosures need to be halted until paperwork is produced and is correct. Our entire system of Trust in banks depends on it.