I am one ticked-off homeowner, who, with my husband has been put through mortgage forgery hell for the past six-years. When the mortgage servicing company tried to foreclose on us when we fell only one month behind (we were paying all late fees, we were unable to catch up only the one month payment) they were forced to file bankruptcy in order to figure out how they were getting away with this. What we discovered, a couple of weeks later when the mortgage servicing company filed their Proof of Claim, was that both our signatures had been forged to the mortgage that was securing our home to the note. To add insult to injury, the document was notarized in the State of Michigan when we were clearly across the continent in another state; and then they filed it with the Register of Deeds office.
When this first started, we were not arguing the note. What we were arguing was their right to hold our house over our heads. Now six years later, I feel a tad bit different. We have been raked through the coals and our only “crime” was reporting the crime. Had it not been for the grace of our attorney, choosing to fight for us, we would have lost our home. He has stuck faithfully by our side through this debacle and I thank God for him every day.
Throughout this whole process I have tried to get the word out about what has happened to us. We are the only case in the country where the homeowners have 100% clean hands. What are the odds that we are the only ones in the whole country to have our mortgage forged and notarized by these banks? But yet, here we are six years later and not one case has surfaced.
I have tried to get the media’s attention in this case and they avoid it like the plague. When “robo-signing” came to light, the media was all over it; when the reality is that these companies, although unscrupulous and above the law mentality, they will not lose their securities in the process because the names they were forging were within the corporation. They will get a smack on the hand, sanctioned and then its business as usual.
This case involves actual forgery of the homeowner’s signature to the document that secures the home to the loan. This is a big deal! This information needs to be put out to the masses. If it had been put out to the masses six years ago when this fiasco started for us, some people may have been able to save their homes.
The fact that the media has turned a blind eye to this, refusing to let people know about the potential that their mortgage or note may have been forged (and I’m not talking robo-signed”) over the past six years is, what I consider, suspicious.
Why would you avoid a story such as this, especially in light of what has happened in the mortgage industry over the past five years? We were the tip of the iceberg; no one knew how massive the underside was in 2006 when our hell on earth began.
We are now at the US Circuit Court phase of our fight on the banks appeal (we have won every time; except bankruptcy court where they were trying to award the property/mortgage back to the defendants). The bankruptcy’s interpretation was that our intent to get a mortgage outweighed the crime that had been committed against us. Seriously!?
Here is another serious contention that I have. If the courts were to say, God forbid that an equitable mortgage is right in this case; they might as well do away with the Notary Public requirements on any and all documents. Why would we need them, because obviously it doesn’t matter if they sign and notarize your name? Who cares that there are laws that govern how a notary is supposed to act if they are not going to be adhered to.
I guess it comes down to that exact question. Who cares? Obviously not the media or they would let people know that there is a potential for forged mortgages and deeds out there. Especially for people who may have gotten their mortgages though LoanGiant or WorldWideFinance in the early 2000’s.
The bankruptcy court, in this case, proved to me that this arm of our judicial system is very creditor oriented. Therefore, it’s all about keeping the rich creditors happy; who cares if they committed a crime. We are debtors; lower than low. Who are we against the financial institutions with their high-priced lawyers and phenomenal way of twisting the law to fit their circumstance? Like I said, who cares?
I care! My husband cares! We do not want to see our children or our grandchildren ever go through this. The law should never overshadow true ethics, morality and public trust. We trusted this company to follow the rules. We trusted this company to stay within the law. They trust that our intent overrides their crime, and have fought us on these grounds for the past six years.
The mortgage was voided four years ago. We have not been able to repair the house or the garage. Our roof is about to collapse and most likely will be around our knees by the time this case comes to fruition. This is what the bank and bankruptcy court term as a windfall. They have tied our hands from being able to do anything to the house as they have also tied up our credit report(s) stating a $68,000 arrears; Really?
So our prayer now it that the US Circuit Court, like the US District Court before it, sees this case as the travesty that it is and that this case will help clarify the laws on the books to help other homeowners who come upon the same set of circumstances in the future. There will be more cases like this; there isn’t a doubt in my mind.