By making the decision to pick myself up and take the lessons learned and share them, I am putting myself in a place that I am not comfortable with. While I was “away” I thought long and hard about what we had been through, how I felt about it and where I wanted to go from here. Had we not been smack in the middle of this outrageous I would have thought that I was embroiled into a good “catch 22” novel, full of twist and turns (or should I say bait and switch). But the true question is; How does my experience help you?
The one thing that I found maddening in our case was that there was no case law that hit on point in our case. This wasn’t a homeowner who had committed fraud against the bank, it was the complete opposite; and trust me the “on point” material was not there to be had. What is really amazing, in our case, is the fact that the bank actually used the laws that pertained to homeowners fraudulent acts against us, twisting the meanings of each law they cited to fit neatly into their little package of lies. As adults, we were appalled ….We felt like I we were caught up in high school drama, with children lying to get out of trouble This is our legal system? This is deemed fairness under the law?
I also look at the term “due process” , the legal requirement that the state must respect all of the legal rights that are owed to a person and is suppose to balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law. How is it that the bankruptcy court felt that it was proper to award the defendant, as in our case, by giving the very mortgage they lost to forgery back to them for a $30,000 price tag that would benefit the Trustee and not the estate? This was proven when the trustee took the $14,000 we had paid into a bankruptcy case that we were not even eligible to be in, and paid his attorney. Why is it that the trustee could not use the same attorney we had? Why did the trustee fight so hard to sell the property back to the defendant and why did the judge allow it?
We, as law abiding citizens, found ourselves totally speechless over the debacle we were watching unfold. We were watching our lives being dismantled and the only “crime” we committed was reporting our victimization. The reason I term it as “crime” is because throughout this whole ordeal, both the bank and the bankruptcy courts did everything in their power to make us out to be worthless deadbeats just trying to beat the system.
It is obvious to us, as it should be to you as well that there are some very serious flaws in the laws that govern our bankruptcy and banking systems. When victims of a crime can be so brutally beaten up by the “system” when they are totally innocent of any wrongdoing is in no way legal or just. Where is the justice when a criminal is given back the very property of which he stole?
I have created a site called Stop Mortgage Fraud & Forgery! to help homeowners get the information they need to fight the banks that have wrongly taken, or are trying to take, their homes. It is a work in progress, but the goal is to be able to give all of you a direct hookup to your state representatives; as well as legal representation of reputable attorneys who have been at the forefront of this nationwide crime that has been perpetrated against homeowners throughout this country. Our goal is to make your journey easier than ours was. You are not alone in your pain.