Piggy-backing on my earlier blog Heaven Forbid Victimized Homeowners Get a Windfall, I would like also to touch on some other nuances that made this case unique and a lesson in the how screwed up our laws actually are. For every law that I found in our favor I was able to find law that was contradictory to it. I discovered that, when you are a bank, you are in many ways, above the law.
The bank tried to use our “intent” against us, molding our “intent” into what would make their case work. In reality, our “intent” was to obtain a legal mortgage. Our “intent” was to be dealt with in an honorable and respectable manner. Our “intent” was to have our rights respected and not to be taken for a ride. That was our “intent”. What was their “intent” when they forged our signatures to the mortgage document? What was their “intent” when they never provided us, the homeowners, with a copy of the mortgage that secured the house to their respective loan? What was their “intent” when they violated the very contract that they used against us throughout the whole ugly process, where it states that we as homeowners were responsible, upon being contacted by the bank, for correcting any clerical errors that may occur during the closing. Funny that we never got a phone call stating “You didn’t sign the mortgage.” Our phone number has been the same for over twenty-two years (Do worthless bums keep a phone number for twenty-two years?!?) and we have an answering machine.
Our journey began in 2006, just as the mortgage melt-down began. We tried fervently to get someone to sit up and take notice, but to no avail. No media wanted to go up against the bankruptcy system. No one had the guts to help us get the word out. My husband and I are not special here…we are just the only one’s who caught the forgeries. Had I not had the background of tax assessment in my arsenal this could have passed by me as well. With my background I was accustom to reading deeds so when this document came to us via the banks Statement of Claim, I felt the need to look it over. Trust me, no one was more shocked than I was when I came to the signature page and immediately recognized our signatures as forged; and if that wasn’t enough to get my dander up, I then discovered that we somehow had managed to be in two places at one time. They had went the extra mile and had the document notarized and recorded with our local Register of Deeds office. No call, no letter or any type of communication to let us know that this very important document was missing.
Upon notification from the bank we would have been obligated, even morally obligated, to come in and straighten out the mess that they had made. It would have been done and over with legally. Had we lost our home to foreclosure we would have went on with our lives just as millions of other American’s have had to do over the past six years. We would have grown. Instead we have had to sit in the house and watch as it slowly deteriorates into dust. We have not been able to move forward in our lives due to the mess that this has done to our respective credit reports. No one is going to give you credit if you show a deficit of $73,423 in your “mortgage” payments…even though that mortgage was voided (void ab-initio) in 2007 by a bankruptcy system that thinks it’s alright to reward creditors that break the law. Three times we had to go into the higher courts and three times the higher courts told the bankruptcy court it was wrong.
It seems very obvious to me that the “intent” of the mortgage industry is to get your property, no matter what laws they have to break in order to accomplish this goal. It seems very obvious to me that the banks are going to “pass the buck” to the homeowners every time. It also seems to me that the bankruptcy courts of this nation have way to many “courtships” with these creditors, when they are allowing banks to get away with forgeries and such, by smacking their hands, voiding the mortgages and then selling them back to the defendants who had just lost. How in the world does that make sense? In what world of sensible morality does any of this make sense? A crime is a crime. Had we committed this crime we would have been hauled off to jail and would have been paying restitution until our dying day. Why is the law different when you are a bank.
Although we have won the battle, the war is still far from over for us. Broke and beaten, we have slowly made it to this point and with God’s help we will make a difference and put the banks on notice that we’re not going to take being victimized by the very entities that are mandated to provided due diligence and public trust.
- Heaven Forbid Victimized Homeowners Get a Windfall (mortgageforgery.wordpress.com)