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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.

Originally posted to ladywithafan on Mon Oct 18, 2010 at 03:49 PM PDT.

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Comment Preferences

    •  Point lawyer to 4closurefraud.org (2+ / 0-)
      Recommended by:
      HeyMikey, ladywithafan

      And YOU need to read that site TOO.  A lot of the stuff there is not state-specific; you may also be able to find a Georgia lawyer through contacts there.

      YOU will need to sue Chase, Wachovia, et al.  In non-judicial states the only way to stop a foreclosure in advance is to file a quiet title action against the entity claiming to foreclose.

      YOU need to file a quiet title action against Chase, Wachovia, MERS, and unknown banks demanding that they stop claiming possession of your title unless they can prove it, and demanding the cancellation of the "sale".

      (1) Wachovia has no title because they are not mentioned in the country records.
      (2) Chase has no title because you paid them everything they asked for and they dealt with you in bad faith, and you have no evidence they ever had any title.
      (3) MERS has no title because it's a straw man.

      In addition, the post-dated transfer is quite likely illegitimate and needs to be challenged.  In fact, your original mortgage is probably invalid -- if it was made out to MERS -- because it was separated from the note, which renders it void in most states.

      Demand in the lawsuit that Chase accept the original modifications they agreed to and that Wachovia and MERS (and any other banks) drop all claims.

      You want to attach full proof of everything you claimed, including a log of phone calls and checks, and you also want to agreed to nothing that the banks claimed -- describe everything they said but describe it all as alleged.  They have been fabricating everything so challenge everything and demand a jury trial.

      "Challenge everything" means that you start off with "On __, Kennesaw Chase claims to have given me a mortgage on the home at ____".  It's not clear the mortgage exists legally and you need to challenge everything.

      -5.63, -8.10. Learn about Duverger's Law.

      by neroden on Wed Oct 20, 2010 at 04:52:21 AM PDT

      [ Parent ]

      •  Also challenge their numbers. (1+ / 0-)
        Recommended by:
        ladywithafan

        There's rampant fraud in that end of the business too; you need to make your own accounting of the entire history of the mortgage payment and tell the court their numbers are false.  Note that most "fees" they supposedly charge you for being overdue are likely to be illegal.  (You'll want a copy of your original mortgage, note, etc. to demonstrate some of that; other aspects come from federal and state laws.)

        I advised them that I had records showing Chase Bank cashing my mortgage payments through March 2010.  They did not care.

        Some very active people have managed to do the court challenges pro se.  Intelligent lawyers have also begun to realize that there's a fortune to be made defending homeowners ($70K equity?  Contingency fee of 50%....), but it sounds like you haven't got any smart ones locally.

        -5.63, -8.10. Learn about Duverger's Law.

        by neroden on Wed Oct 20, 2010 at 05:01:35 AM PDT

        [ Parent ]

  •  What a nightmare! (8+ / 0-)

    I really hope you can get some answers ASAP, ladywithafan.  Please let us know what happens.

  •  Anyone that has run into (3+ / 0-)

    a situation like this needs to do the same thing you did....contact their state attorney general and lay it all out for them.  They are already on this and they need testimony like this.

    I am so sorry for your troubles.  Hope you do get a good lawyer and get your house back.

  •  I have a friend who is an attorney here in the (4+ / 0-)

    Atlanta metro area who was able to help a client who had a problem with a bank trying to foreclose when the client was paying the mortgage to another bank. I am not sure what she did,, but my friend was able to keep her client in her house. I am not sure how much she would charge for a retainer as this is not the major focus of her firm. She was retained by the client on another matter not even mortgage related. I will contact her to see if she may be able to help and let you know.

  •  The problems are awful and (2+ / 0-)

    I know you are not isolated.  Problem is that I see, lawyers are not cheap and we are in a corporate republican state.  My loan has been sold two or three times and everytime it sells, there is a problem somewhere.   I think after some truth comes out in this mortgage fraud, we all will be surprised at how many major class action or reprirations are going to come down the pike.  
    Sitting over in the places that I am familiar with, just the traffic alone will wear you down much less the time you spent there.  They are under the miscroscope so they are all waiting on how the election comes out but to thell you to the truth, we all better pray Nathan Deal especially with his business dealings don't go in as governor.

    •  I have made over 700 calls for Dems in GA. (0+ / 0-)

      I am working out of the Democratic Party of Georgia's office as a phone bank volunteer.  It is in the basement of Roy Barnes Law Office, but so far I've gotten advice, but no official legal representation.  Luckily they have allowed me to do it from home now since I have done the same for 2 other campaigns.

      Thanks for your response.

  •  What a freaking nightmare (1+ / 0-)
    Recommended by:
    ladywithafan

    You're wise to keep such good notes on this mess straight out of Kafka.  It's harder to fight it when no one can figure out what's going on.  Don't give up.  Good luck.

    I shall die, but that is all that I shall do for Death; I am not on his payroll. - Edna St. Vincent Millay

    by Tara the Antisocial Social Worker on Mon Oct 18, 2010 at 06:46:16 PM PDT

  •  That is nuts! (2+ / 0-)
    Recommended by:
    neroden, merrily1000

    No wonder people just walk away.  Who would have the time, let alone the persistence, to deal with such nonsense?!?  Almost makes me glad I'm a renter....

    I wish you much luck and less stress.  No one should have to go through all of this!

    -7.62, -7.28 "Hold fast to dreams, for if dreams die, life is a broken winged bird that cannot fly." -Langston Hughes

    by luckylizard on Tue Oct 19, 2010 at 05:15:02 AM PDT

  •  Inquire about filing a Chapter 13 bankruptcy... (1+ / 0-)
    Recommended by:
    merrily1000

    ...to stop the foreclosure and smoke out who exactly has the note - if you can make the current mortgage payments, the arrearage can be put into a Chapter 13 plan to pay off over five years, or allow enough time for a proper short sale, refinance, or modification.

    If you can get a Chapter 13 filed by 11/1/10, the foreclosure will be stopped; your bankruptcy lawyer should also be able to object to the Proof of Claim if it does not include the payments you made to Chase.

    I AM NOT A GEORGIA LAWYER, however, this may be able to buy you some time.  I do not trust that Chase will be able to make things right by the 11/2/10 foreclosure date.

    9-11 changed everything? Well, Katrina changed it back.

    by varro on Wed Oct 20, 2010 at 12:06:45 AM PDT

    •  In bankruptcy they'll try for a "relief of stay" (0+ / 0-)

      So if you go for bankruptcy, challenge the relief of stay immediately on the grounds that the mortgage was issued in violation of the Truth In Lending Act, that it was never a legally valid mortgage under state law, and that it was rendered void by separation from the note under state law.  

      The first has federal effects which prevent foreclosure; the other two turn the debt into an unsecured debt dischargable in bankruptcy.

      -5.63, -8.10. Learn about Duverger's Law.

      by neroden on Wed Oct 20, 2010 at 04:55:43 AM PDT

      [ Parent ]

      •  It will take a little while.... (0+ / 0-)

        ...and if there's no note or questions about the note, the judge will set the case for an evidentiary hearing on the mortgage and the relief from stay request.

        The judges in Oregon's bankruptcy court are very irritated at mortgage holders who don't have their papers together, and one even strongly implied that they would not let a mortgage lender testify by phone regarding a contested mortgage debt.

        9-11 changed everything? Well, Katrina changed it back.

        by varro on Fri Oct 22, 2010 at 01:49:10 PM PDT

        [ Parent ]

  •  Call around for a local bankruptcy attorney... (1+ / 0-)
    Recommended by:
    merrily1000

    ...here is a searchable database of consumer bankruptcy attorneys - check their experience and other specialties.  

    9-11 changed everything? Well, Katrina changed it back.

    by varro on Wed Oct 20, 2010 at 12:14:00 AM PDT

  •  Your neighbor should file quiet title too. (0+ / 0-)

    In non-judicial states it's apparently the only way to fight foreclosures outside of bankruptcy.

    -5.63, -8.10. Learn about Duverger's Law.

    by neroden on Wed Oct 20, 2010 at 05:06:22 AM PDT

  •  (1) Legal Aid lawyer may be GREAT. (2) Checks? (1+ / 0-)
    Recommended by:
    ladywithafan

    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.

    You say you're in Cobb County (where I live). That county is served by a division of the Atlanta Legal Aid Society. ALAS has a Home Defense Project headed up by two lawyers who have been working on mortgage-fraud issues since I was an ALAS staff attorney in the 1980s; they are cutting-edge experts. They warned of the coming foreclosure meltdown in Congressional testimony several years in advance; they were of course ignored.

    Your ALAS attorney may not be one of these Home Defense Project lawyers, but he or she is probably working with and guided by an HDP lawyer.

    One more thing: if I understand you correctly, you've been making payments all along, except for a 6-month period of forbearance. Have you supplied your lawyer with (1) documentation of the 6-month forbearance being granted, and (2) documentation that all your mortgage payment checks for all other months have been cashed?

    "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

    by HeyMikey on Wed Oct 20, 2010 at 05:57:16 AM PDT

    •  More. (1+ / 0-)
      Recommended by:
      ladywithafan

      Testimony of ALAS mortgage expert to the Federal Reserve in 2006:
      http://www.federalreserve.gov/...

      When Roy Barnes was governor, he pushed through a strong law protecting consumers from abusive mortgage practices. After Perdue and the Republicans took over, they repealed most of it, despite warnings from ALAS mortgage experts. http://www.msnbc.msn.com/...

      "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

      by HeyMikey on Wed Oct 20, 2010 at 06:06:51 AM PDT

      [ Parent ]

    •  I have again spoken with legal aid (1+ / 0-)
      Recommended by:
      HeyMikey

      The case is complicated and she is now working with one of the HDP lawyers in Decatur.  She will call me back with information regarding where to take the paperwork.  

      I am ready.  I have records of the checks.  I have all the modification and forebearance records.

      Thank you so much.

      It helps to not feel so alone in this mess.

  •  May have new info for you! (0+ / 0-)

    Hi Lady. Hang in there. My best friend has just gone through a very similar situation and she has finally won! For now anyway. My friend said that she would be more than happy to talk with you on the phone. She is in Dallas, GA. Bank of America tried to for-close on her twice because her mortgage company went under (FBI) involved and B of A refused her payments. Held them for 5 months and then sent them back to her with a notice of for-closure. It took her over a year of going through the same thing you did. Lost paperwork. Different answer from everyone. No two answers alike. She would like very much to help you. She is a fighter and survivor just like you. My email is (paininzeeback at comcast dot net). Please email me asap and I will give you both of our phone numbers. We will do anything we can to help you. I live in Cartersville and am disabled as well but I will help in any way I can.
    I really hope you see this.
    Hope to hear from you soon
    paininzeeback

    What lies behind us and what lies before us are tiny matters compared to what lies within us. by Walt Emerson 

    by paininzeeback on Fri Oct 22, 2010 at 07:38:56 AM PDT

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