This page is dedicated to the stories of Mortgage Fraud Victims of the Banks. These stories, many written in the victimized homeowners own words, will leave you speechless; wondering what in the hell has gone wrong with our country’s morals and laws. Support these victims, because you could be next.
To read their individual stories, please click on their name, or scroll down the page to take this arduous stories.
Karen and David Rozier
Beverly and Matthew Murray ~ Christy Zint-Osborne, Rebecca and Scott Misenhelter
David LeForge ~ HollyAnn Smith ~ Daniel and Sheryl Sutter
Karen and David Roziers’ Journey-
TO THE TWELVE STRANGERS WHO CONVICTED US ON FRIDAY DECEMBER 13, 2013
We forgive you. Your City Attorney robbed you of your opportunity to discover that the impossible exists. We, DAVID EUGENE ROZIER, SR., KAREN MICHELE ROZIER and DAVID EUGENE ROZIER, JR aka David Bear Rozier, exist.
The man you convicted as David Rozier actually built our 4,206 square foot home from foundation to finish with no outside labor. In our ad we said it cost us less than $35 per sq/ft. It actually cost us slightly over $29 per sq/ft, but we didn’t want to brag. The City Attorney deprived you of your right to listen to our neighbors, many of whom were willing to drive to Los Angeles to vouch for David’s credibility. They were willing to testify as to how they watched him tear down the old house before we moved in and then watched him rebuild alone. He is a very talented degreed unlicensed architect. His court-appointed attorney he met at trial failed to subpoena his witnesses or introduce his evidence. You and your tax dollars were used to convict an innocent man.
I have a degree in electrical engineering from Carnegie Mellon University (CMU) a masters also from CMU – an MS Industrial Administration, the equivalent of an MBA but with a concentration in manufacturing, I also have a Masters in Public Administration from Harvard University. I was admitted into their doctoral program with full tuition plus stipend. Harvard paid me to attend their university. Your City Attorney had full knowledge of my significant and documented work with IBM Corporation, Hughes Aircraft, Raytheon Systems Company and the Department of Defense. As you recall, he objected to my education, credentials, and publications being admitted into evidence, especically the evidence that I was briefly a Navy missile engineer and was selected as “Chief Engineer, Air-to-Ground Missiles, after being recommended by the Senior Engineer who trained me for five years. The Navy felt I was qualified to be “chief rocket scientist in charge of other rocket scientists”, but thanks to your indifference, I am scheduled to be sentenced to jail. You had before you a female Harvard doctoral candidate Navy rocket scientist and the City Attorney convinced you that I was a “Black con artist from a Detroit ghetto”. I have never been to Detroit, but you fell for it because all you saw was what the City Attorney and our court-appointed attorneys showed you. Your City Attorney knew that I was born and raised in Baltimore because he verified it back in 2011 when we were represented by the Cochran Firm. Didn’t you even wonder (during your brief deliberation) why my information was excluded and I was silenced? Your City Attorney had this evidence but excluded it, playing on your prejudices and ignorance. You and your tax dollars were used to convict an innocent woman.
The City Attorney knew he had no reason or right to pursue the case, but he also knew that prejudice and bias, as well as just common sense, would play in his favor.
One man buili a million dollar home alone on the cheap.
A Black female Harvard rocket scientist.
A brain damaged and cerebral palsied kid that clearly looks and acts healthy.
The reason why the “con” was believable is because it is true; we are who we say we are, did what we say we did, and were fully qualified and prepared to deliver what we promised to and in fact did, deliver. As for our son David Bear, the one you essentially sentenced to Foster Care (had it not been for my preventative measures) he really does have cerebral palsy. I know you feel that we created an elaborate rouse in order to elicit sympathy from potential victims, but your City Attorney has seen the medical records. Our son was in court to testify about the two brain surgeries he had at the time of the handwritten contract. Didn’t it strike you as odd that no one focused on that one contract being handwritten? Of course not! You deliberated for less than 20-minutes! May you learn to question your instincts.
David Bear was born weighing 744 grams (1.5 pounds). According to his doctor and medical charts, information that your City Attorney hid from you, he had:
(1) an open artery between his heart and lungs causing bleeding into his lung, requiring him to be transferred from Newport Beach (his birth place) to CHOC for surgery to close the artery, “patent ductus arterious”, aka “heart/lung surgery”.
(2) brain damage covering around 75% of both sides of his brain; three brain shunt surgeries;
(3) retinopathy of prematurity, the leading condition of blindness; His eyes have self-corrected twice, resulting in him no longer being eligible for Braille services as of May 28, 2013. This is his first official Christmas with sight, and thanks to the twelve of you, he now knows ugliness;
(4) Jaundice;
(5) Double hernia, requiring double hernia surgery.
When we brought him home from the hospital, the Drumonds were his first visitors. We were shocked when the witness Drummond denied knowing us initially. The City Attorney is such a shrewd man, he also managed to get Drummond on the stands despite Drummond changing his story three times during the investigation. What are we to expect from a man working on his sixth marriage. Oops, his character isn’t somehow relevant, yet he is allowed to testify about another’s character. Are you comfortable living in that world?
The 15-year old boy the twelve of you feel should be in Foster Care was on oxygen until approximately age two. He has saved a life, and was honored for his contribution. The reason why David Sr. hasn’t sat for the architect license (which according to the court is “irrelevant”) was because he quit his job with Tagfront Architects to build our 4,206 square foot home and to heal our son. For that, you elected to send him to jail. Since you didn’t look at any of the evidence during your brief deliberation, that fact may not have mattered, but this would be a less forgiving letter.
You have seen our son. I would love for you to come see the house that he built, by himself, for his son. According to Zillow.com the day you convicted us, it was worth over $1.1 million. I am more than willing to share all the receipts plus the spreadsheets of the costs. We were planning to make a video and make it public, but you decided that we should spend six months in jail instead.
We did not need to lie about our accomplishments or affiliations because we are who we say we are and we absolutely have done everything we said we did. We had an office in Mexico before we met Ms. Ekstrand, and the land contracts, business contracts, rental agreements, utility statements, and bank account statements were likewise excluded from evidence. [I hope that those of your who proudly boasted of sitting on previous juries are seriously reconsidering your previous verdicts.] The City Attorney knows that we invested more than $200,000 of our own money plus another $50,000 of money from family in Mexico long before we met Ms. Ekstrand. I know the City Attorney made the $100,000 appear to be a huge amount for the two Defendants you convicted on paper, but you did not convict the two people that appeared before you in court.
The City Attorney knows we are not con artists but are in fact credible. We were used to sentence a Black man to seven years in prison plus years probation on fifteen felony counts. We lost $55,000 on his deal and he was charged with two felonies. Didn’t you wonder why the City Attorney would charge an alleged $100,000-theft as a misdemeanor? I pray thay your children and grandchildren are better educated.
Given that you now know that the people who appeared before you are competent and qualified, that the man that appeared before you did build a 4,206 square foot home for less than $35 per square foot, and that the boy you observed does have cerebral palsy, do you still feel that we are “not credible” and “con artists” or do you feel that you were used andcheated by the City Attorney?
We even did the things the City Attorney didn’t say, such as we asked Ms. Ekstrand twice in writing to come get her final package, asked her lawyer to come get it, and even mailed it to her. She admitted to your City Investigator that she returned the final package because she just didn’t want it. That was after she sued us for $1.4 million, and before she paid cash for her daughter to attend law school for three years. According to her emails which the City Attorney was able to exclude, she didn’t want her daughter to take out any student loans. She wanted her daughter to be able to marry a wealthy white man like she did, so her grandchildren wouldn’t look Asian, or using her own word, “ugly”. If you go to her home and look at the pictures, you will see what I saw — a child that was forced to dye her hair and wear colored contacts so she wouldn’t look “so Asian”, as Ms. Ekstrand described to me. I wasn’t allowed to defend that statement on the stand, though you should have been able to see that I was more than anxious to speak. I could tell you were all offended. Such a shrewd liar, that City Attorney. I do not forgive him.
You were entrusted with our lives and the lives of our son, family, friends associates and communities yet you were so cavalier that you didn’t even look at all the evidence.
I don’t hate you. I pity you. I pray that you accept that you can be more than you presently are and then try to be more. At least three of you should be permanently barred from jury duty, and I will make that recommendation privately. One of you should lose your job. I’m sure Ms. Ekstrand is enjoying her time, if not at her Hollywood home, then at her San Bernardino property, her Las Vegas property, or even perhaps overseas with her husband at their estate; she is quite wealthy you know, or did the City Attorney hide this from you as well? That’s right. He lied. He outright lied to you when he portrayed her as an ignorant elderly lady who invested her life savings and was conned by two liars. She is a wealthy, connected land owner who just used you to convict and potentially incarcerate three talented, honest, Black people. I want to hate you, but I am saddened that you still harbor such hate and malice that you can’t open your eyes to the possibility of greatness. How very sad your lives must be. Please know that goodness, greatness, healing and love exist. We – David Eugene Rozier, Sr, Karen Michele Rozier, and David Eugene Rozier, Jr. forgive you.
The simple fact is that the City Attorney hid the truth from you, our court-appointed lawyers were unprepared for trial, and the judge was more interested in protecting her perfect record of getting cases to jury on target than respecting two Defendants’ constitutional protections. We wish you take from this experience that God has provided us all with abundance and each with our own talents. During the Christmas, Kwanza, and Holiday Season, may you reject the stereotypes that limit us all and embrace the impossibility of Peace on Earth, Good Will Towards Men. Just like the government lied to you about our being able to exist, they have lied to you about war being a necessary condition. I pray that you learn from this experience.
Merry Christmas. Happy Kwanza Peace Be With You.
Karen M. Rozier, Peace Advocate
David E. Rozier, Sr., Master Builder
David E. Rozier, Jr., Miracle
Stay tuned for Part II: “My Court-Appointed Attorney’s Ties to Bank of America and How this Fraudulent Conviction Helps Bank of America in the case of Rozier v. Bank of America, Scheduled for Trial on April 28, 2013.”_____________________________
Letters of outrage can be sent to the City Attorney at: Mr. Mike Feuer
The Office of The City Attorney
800 City Hall East
200 N. Main Street
Los Angeles, CA 90012
Re: Prosecutor Misconduct of Keith de la Rosa
____________________
Mr. Ronald L. Brown, Public Defender
Law Office of the Los Angeles City County
210 West Temple St. 19th Floor
Los Angeles, CA 90012 (213) 974-2811
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Subject: Gross Negligence of Chris Scherer
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MORTGAGE FRAUD VICTIM’S BEVERLY AND MATTHEW MURRAY’S STORY
Shared via MajyckRadio Evolution
BEVERLY AND MATTHEW MURRAY WITH THEIR TWO GIRLS WERE FORCIBLY AND ILLEGALLY EVICTED FROM THEIR HOME AT 733 BLACKFOOT COURT IN COLDWATER, MICHIGAN MAY 14th 2013!!
As a result of decreased income and ongoing medical expenses related to their youngest daughter, who had become ill with type 1 diabetes several years earlier, the Murrays asked for a modification to their loan. In November 2012, Bank Of America sent a letter to the Murrays promising a reasonable loan modification, which the Murrays had proven they were financially able to handle. But each time they called the bank, no one would speak with them about the matter. Instead, as a result of a disputed wrongful foreclosure, the bank proceeded to try to evict them, while insisting to others this case was still in litigation in order to stonewall any opposition. Although the Murrays continued to contact Bank of America, on Tuesday May 14th, at 2:30 in the afternoon, two deputies, detective and 3 men from Safeguard Properties Inc showed up at the Murrays’ door and told them if they didn’t leave, they would be arrested. The Murrays were there with two of their friends from Occupy Our Homes. Rather than risk more serious charges, Matthew asked if they could gather a few things such as clothes and medicine, as well as some of their more precious belongings. They carried as much out of the house as they could, until the Sheriff demanded they leave so Safeguard Properties Inc could change the locks. The Murrays did there best to stay calm while being ripped from their home of seven years at threat of gunpoint and arrest. They hurriedly tried to think what they would need and gathered items such as Brittany’s medications and supplies, as well as a few clothes. As the Murrays drove away, they looked back at their home in disbelief and tried to understand why Bank Of America wanted their house so bad that they would strategize to rob them of it.
The most outrageous part of this story is that during the course of litigation, Mr. & Mrs. Murray had paid $43,000.00 into a court escrow account in a two year period, demonstrating that, had they been granted a fair modification, they could have remained in their home. Instead, Bank of America was awarded THE ENTIRE FORTY-THREE THOUSAND DOLLARS. The judge, obviously indifferent to the Murrays’ situation or all the money they had paid, ordered eviction within 10 days.
The Murrays didn’t even know where they would go that night. Fortunately, an out-of-town neighbor heard about the Murrays’ plight through another neighbor and offered them a place to stay for a week. After that, the Murrays have no idea where they will go. Because this was already so public, the Murrays were later allowed just a few hours to return and collect the rest of their belongings. Then time was up, and the doors were locked again. They were so rushed by the bank; Mr. Murray doesn’t even know where most of his studio equipment has been packed. Audio and video production is how this family makes their living. Even if they do find everything, their studio was in their home and they now have no place from which to operate it. So Bank of America has not only stolen the Murrays’ home, but their place of business as well, and has jeopardized their ability to provide for themselves. As you might imagine, this has been a horrendous experience for them. They are currently living out of suitcases and plastic garbage bags. Everything familiar to them was ripped away in a single moment. Coming past their home the first night, Matthew said it was surreal. By force of habit, he pressed the garage door opener. Nothing happened. Both girls said it was strange seeing their curtains in their windows from the street, but not being able to go home to the bedrooms that once brought comfort. Bev said she longed to go home and sleep in her own bed as well. Bank of America doesn’t care what happens to Murrays.
Bank of America received 7 billion dollars in federal funding to carry out modifications to “help” borrowers, yet has never even attempted to work out anything with the Murrays despite the Murrays numerous requests for a modification, and despite promises in writing from BoA to do so. They know these “promises” can’t be upheld in court. So they make them with no intention of keeping. One source from Safeguard Properties, the company overseeing the eviction, inadvertently told the Murrays that this company owns Bank Of America’s servicing division. This is a mind-boggling conflict of interest. This essentially means that BoA has a vested interest in evicting families in order to fraudulently steal these homes through cooperation with Safeguard Properties Inc. PLEASE HELP THE MURRAYS FIGHT FOR THEIR HOME!
Call Diane Wagner Media Relations 312-952-1756Also call Brian Moynihan -Office of the President and CEO: 704-386-5687
Demand they stop their corrupt practices and return the Murrays to their home. The Murrays’ loan number is 023732976.
You may also email Bank of America President Brian T. Moynihan at: Brian.t.moynihan@bankofamerica.com or fax them at: 1-866-603-4755
The banks expect the hoopla to die down after the eviction. It usually does because people lose interest! But if we’re to STOP the victimization of borrowers by Bank Of America, we must continue to make our voices heard LOUDER after the eviction than before, until justice is served.
THIS BEHAVIOR IS RAMPANT ACROSS AMERICA!! DON’T LET BANK OF AMERICA WIN! Help the Murrays by copying and pasting this announcement and pass it along to all your email, FB and twitter friends and request that they do the same. IT’S TIME FOR PEOPLE TO STAND UP AND FIGHT BACK!! It is up to YOU –(people who care) to make a difference for this family and others in their situation.
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MORTGAGE FRAUD VICTIM DAVID LeFORGE’S STORY
This whole mess started in April 2010 when a Bank instructed their collection Attorneys Feiwell and Hannoy P.C to file a foreclosure lawsuit against us regarding a home/mortgage we sold months prior.
We sold and closed the mortgage by way of Remax Real Estate and Chicago Title Company on January 6, 2010. Funds were wired to the Bank and received by the Bank within a couple of days of the closing.
In late April 2010 my wife and I each received letters in the mail from the Foreclosure Mill Feiwell and Hannoy P.C. stating that we were being sued for foreclosure on the very home we sold in January 2010. A few days later we were served with wrongful foreclosure lawsuits. We tried to contact Feiwell and Hannoy and explain to them that we did not own the home and to get them to stop the foreclosure process, They would not respond to our constant pleas. We contacted everyone we could think of including our State Representatives, Attorney General, Governor’s office and the list goes on and on. Everyone we contacted suggested we get an attorney. The Bank and Feiwell and Hannoy ignored us and continued the lawsuit process without any acknowledgement of our constant pleas to stop the lawsuit. In early June 2010 after exhausting every avenue we could think of to stop the wrongful foreclosure lawsuit, we retained an Attorney. Even with an attorney on our side Feiwell and Hannoy P.C. still proceeded with their wrongful foreclosure lawsuit. It wasn’t until late July 2010 before they dismissed their lawsuit against us, by then our lives were literally turned upside down and in shambles. Our Attorney filed a complaint against Feiwell and Hannoy in April 2011 for violating the FDCPA. Since then our attorney withdrew his appearance, and left us holding the bag, we’ve had to continue the process as pro se litigants.
A lawsuit was filed against the Bank separately in 2010 regarding their involvement in the wrongful foreclosure. The Bank decided to settle with us. We were supposed to receive a settlement check and other documents by the Bank by the end of January 2012 as per the settlement agreement we agreed to on December 20, 2011. We still have not received the check or funds. In late January 2013 we received two separate 1099 Misc. and immediately forwarded them to our attorney as requested, we heard nothing more until we sat down with our tax expert in April 2013. Our tax expert explained to us that Bank of America reported to the IRS that they had paid us the amount on the 1099 Misc. forms. We explained to him that we had not received any money from Bank of America. He told us we had to address that issue before we were able to file our taxes. On April 3, 2013 we questioned our attorney about this aspect and she filed a motion to withdrawl and a motion of Attorney’s lien. Every step of the legal process has been an uphill battle; the legal process has made us feel as though we were the guilty party from day one. No one has believed us, especially the Magistrate Judge assigned to our cases. We have been beat down to the point we fear for our own well-being. What avenue does the innocent party take if not for the legal process?? We just want someone interested enough to just listen to us.
FAST FORWARD TO MARCH 2013
On March 11, 2013 a status/settlement teleconference was initiated by Magistrate Judge Denise K. LaRue by order of Chief Judge Robert Young, the Magistrate began the teleconference on a subject matter regarding our Motion to compel discovery documents. The Magistrate began the teleconference by questioning our need for the requested discovery documents. There were a total of 34 separate items of request. The Magistrate kept denying each item up to the first six of the 34. The defendants attorney even noted that the information the Magistrate was questioning my wife on weren’t necessary and would be addressed in their upcoming response due by March 18th 2013, but the Magistrate continued going through each motion to compel items and denying them right after another. My wife had gotten so frustrated at the Magistrate’s demeanor that she became physically ill, and while not thinking clearly my wife retaliated and told the Magistrate she was physically ill and inadvertently released the call. My wife spent the next hour or more in the bathroom physically ill and vomiting; she was unable to return to work and was unable to stop crying for two days. I have never seen my wife so distraught and emotional before this. I was deeply concerned for my wife’s well-being and fear my wife was on the verge of a physical and mental breakdown.
My wife’s profession as a Quality Auditor requires her to be out of town most of the time, and while my wife was out of town a letter from the courts arrived in the mail. I opened the letter to find that Magistrate LaRue is ordering my wife to appear in her Indianapolis, Indiana courtroom in person to Show Cause. I didn’t have the heart to tell my wife about the letter while she was out of town nor could I bear the thought of what affect it would have on her, I fear the devastation will send her over the edge. My wife is a professional and has never shown any disrespect to anyone, mainly a Magistrate Judge. She hasn’t even had a traffic ticket for pity sakes. She has always respected the legal system.
My wife returned home on April 5th 2013, and the following day I sat down with my wife and told her about the Magistrate’s Order to Show Cause. As I feared, the news sent her into a spiraling out of control whirlwind of emotions. She swears she does not remember the comments the Magistrate referred to as saying: A Mickey Mouse Operation, but does remember getting physically ill. Two days later On April 8th 2013 my wife was still so emotionally distraught that I had to take her to our Physician. The Doctor comforted her, placed her on a very strong prescription of anxiety medication and referred her to a psychologist for further evaluation and diagnosis; in the meantime the Doctor instructed her to call a help hotline for more immediate help.
Up until this fiasco we both have respected the legal system. We now understand why people avoid the legal process altogether. When a Magistrate Judge is permitted to destroy another person’s life with malice then it becomes incomprehensible and just plain cruel. This Magistrate Judge should be fully aware the hardship this will certainly cause both my wife and I, not counting the financial liability involved in taking time off from her employment, airfare from Naples Florida to Indiana, hotel, car rental, meals etc. It’s very apparent there will be nothing to gain here, other than the Magistrate’s self-satisfaction of humiliating, belittling and utterly destroying my wife’s life. The emotional roller coaster we’ve been forced to ride has taken a toll on both of us, my wife especially. In the beginning all we tried to do was stop a wrongful act perpetrated against us, and ensures there were processes in place to deter the same thing from happening to anyone else. We are now totally convinced that if we had it to do over again we would have been better off allowing the wrongful foreclosure to proceed. We realize we would have had to pay monies we did not owe, and other lives would have been affected, but in the interim we would have saved our mental and physical capabilities. The anguish we’ve suffered and continue to suffer throughout this nightmare has been intolerable to say the least. We are both under a doctor’s care, both mentally and physically.
Our understanding of the Judiciary obligation to the people is quite different from what continues to happen. Our understanding of the Judiciary’s obligation is to uphold and promote the independence, integrity, and Impartiality of the office, while avoiding impropriety and the appearance of impropriety, not to hold bias tendencies, mistreat, antagonize, or bully another human being to the point of doing things they normally would not do. We have always believed the people have the right to be heard in order to allow for a level and fair playing field. As Martin Luther King quoted “Our lives begin to end the day we become silent about things that matter.”
Truth, Justice and The American way is literally becoming a myth. We as People are beginning to lose confidence in the very thing we hold so dear, and unclear to the intent of which instituted the pledge of allegiance; I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under god indivisible, with liberty and justice for all. Are these just words for the purpose of history or do they still contain merit and meaning???
Our observation is quite clear, in order to get any justice whatsoever, you either need to be a scholar in law, or filthy rich to afford quality legal representation. It’s been made very evident the Pro Se litigant has no chance in the legal arena. JUSTICE FOR ALL??
Our complaint was very simple. WE DID NOT OWN THE HOME THEY TRIED TO FORECLOSE ON. We are not crybabies we are human beings trying to fix a problem through the legal process.
My wife and I have both served the United States through the military capacity and service, we have always had the upmost respect for our country and the legal arenas, we are not about to disrespect either one. If either one of us has disrespected them we humbly apologize from the bottom of our hearts.
UPDATE:
A day in court is a farce, just try and get there. We did and we’ve been persecuted by the Magistrate and basically the Judicial structure in whole every step of the way. So when you speak of a day in court tell me again what court you’re speaking of. It seems the only way people get a day in court is when they have committed a real crime, then they get all the attention, both the media and legal counsel. What a joke. Shame on the court system and the people who run them (hint hint banks) Again they can stick their Check where sun don’t shine. You show me and the people a good place to start speaking out then we will, I’ll be the first to speak out if you can show me a forum willing to listen and take heed. All I’ve seen so far is a lot of flapping gums.
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MORTGAGE FRAUD VICTIM HOLLYANN SMITH’S STORY
Sounds like what I went through around the same time. In 2004, when we bought our house in North Branch, the mortgage terms were changed at the last minute resulting in an expected $989 a month pmt to a reality of $1400 a month with 2 mortgages, one at 12% and a 36 month balloon for $30,000. We really wanted the house so we went on with closing, thinking we’ll just refi in a few months. The mortgage broker lied on our paperwork coming up with some $5000 in “stated” income, when it was really only my $2500 a month income. I was not on the mortgage, only the deed, which is why my income was stated income for the other party on the mortgage (we were not married then).
December came, as did our first payment, went without a hitch. I paid January on the due date. By February my money was returned, our 1st mortgage was sold off beginning of January. I held onto February’s payment hoping to hear from the new bank, which I did the end of March, so I then sent in February and March’s payments. They sent a statement saying I still owed March, applying those payments to January and February. I called them and they said that they never got January, but I told them my payment was due to the old mortgage company 2 days prior to the sale to them, that if they are entitled to it, then that’s between them. I faxed proof of all payments to date. It wasn’t good enough, but it didn’t matter, my mortgage sold again in May to Company #3. I got the paperwork about the new servicing company but when I tried to make a payment they said my account didn’t exist. This company was different in the fact that a couple weeks later they did acknowledge the loan/account but they also noticed I was not on the mortgage and refused to talk to me.
All this time we were paying the 2nd mortgage but it was getting difficult to pay the first, $1100. We could pay one, just not both. I had a baby that May and was let go from my job because of the pregnancy (I needed 7 months off, they only approved 6, I had a high risk pregnancy and would have lost the baby had I stayed on the job).
Problems with the house also cropped up. The neighbors were mowing our yard and wouldn’t stop, saying that it was their yard, even the survey stakes from when we had the corners located were moved. I took photos. They moved 4 feet from west of the shed to right down through the shed. The basement was growing mold, without the presence of water, yet it was obvious when we pulled back the walls put up in the basement that the previous owners put in a new drainage system. The crawl under the master would fill up 2 feet deep with water, sometimes more and it would spill into the carpeted semi-finished basement. There was also a horrid gas-like smell coming from the half bath off a secondary bedroom. We spent hundreds on professionals trying to get to the bottom of it. I later learned the previous owners, one was a licensed realtor, knew about all of this but lied or covered it up. We had no recourse after this much time. They also knew about land parceled behind the home and an easement for 4 potential homes.
We are now 18 months into residing in this home and still current on the 2nd mortgage, but we are now about $3000 behind on the 1st, with no clear idea who we are to pay. With the kids constantly sick, most likely from the mold in the house, we were beginning to give up. We tried to refinance and were denied. Time went on, the debt rose. I finally called the original mortgage company to complain and lo and behold they had our note again, somehow. Unless we had close to $5000, however, things were going to get bad. I sent in partial payments, which the held, not cashed. We tried to pay off the final balance when we got our tax refund, it would have got us current. Ameriquest refused it and said our home was already into foreclosure so we’d have to pay the funds through the court along with fees and interest.
We hired an attorney, sought help through housing agencies in Lapeer County. We were beginning to get knocks on our door by realtors and investors with the intent on helping us out in a “cash for homes” program. I found out most were scams. The attorney wasn’t any help since our only debt was the home. We didn’t have credit cards or loans. We were denied bankruptcy for not having enough debt. It didn’t delay the foreclosure either.
Given the problems with the house (even though we figured we fixed the mold problem for good) and the ever-sold mortgage, we took it as a sign and fled. We took cash for keys and ran for the hills. Things were supposed to get better. They didn’t. I pulled my credit and found out two gut-wrenching, jaw-dropping things had happened: I was reported as owing a debt of $165,000 for the mortgage and had applied for tons of credit (some granted) during the summer of 2006. I was an identity theft victim, apparently my babysitter went through my file cabinet and bought herself some things on her new Citizens account, courtesy of yours truly. The mortgage companies, who previously wouldn’t talk to be because I wasn’t on the mortgage, felt compelled to report me as defaulting on said first mortgage.
We hired a new attorney. Our mortgage was illegal from Day 1. Our mortgage broker pushed it through and filed bankruptcy the week after we closed. I don’t know the details but the attorney managed to handle the issue behind closed doors as well as add use to a class-action suit against Ameriquest, our class action suit won and we got a whopping $42. My other suit about illegally claiming me as a debtor, I won that too, enough to pay off debts we had collected along the way and to pay a company Chase Bank sent me to that cleared my credit history of the identity theft. 6 years later I still have a fraud alert on my credit, makes it hard trying to get a loan, I didn’t have a credit score anymore. I used to be able to go to a car lot and drive off with a car with zero miles within the hour. I guess those days are done. I have been denied jobs because of this credit, had to deal with higher insurance, higher interest rate on an auto loan, even higher rent. The stress has wrecked havoc on my health and my family. And I did nothing wrong. All I did was try to buy a beautiful home for my kids to grow up in. Now I live in my “ghetto house” downtown Lapeer, wanting to make it my castle, but the brick walls I encounter often were a result of being duped by a bank, a greedy broker, a dishonest realtor and a thief for a babysitter (karma took care of her). The foreclosure is still on my husband’s record, even if it’s gone from mine, I still take the hit.
I, too, would apologize to the neighbors back in North Branch, however there’s a family that owns my old home that got it for a price that maybe they could afford much better than what we financed it for. I hope the problems we had with the property are resolved and they are happy. That would make this an easier pill to swallow knowing my hard luck allowed for them to follow their dream.
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MORTGAGE FRAUD VICTIM REBECCA AND SCOTT MISENHELTER’S STORY
Buyer’s Agent For 234 E Heather Ave Gilbert AZ 85234
Attn: Jeremy J Schutt,
Legendary Properties, LLC
Dear Fannie Mae and the rest of you who took our home, And those such as yourself that continue to keep the fraud going, we may have lost illegally in court due to not having deep pockets for lawyers for most of our case, but we are not have not and will not give up. You are shown as being the “buyer’s agent” So I am sending this to you as well, as As soon as our newest lawsuit is filled you will to be added to such now. We are not terrible people, I have made it my mission to let everyone know the history of this home and your “buyers” knew it and stated they wanted no part of such yet bought it anyway, very uncaring and sad.
Our house isn’t just and the address it sits upon at 234 E. Heather Ave Gilbert, AZ 85234, its more than that ya see, The story of OUR precious home starts with two people, Newlyweds, with the “American Dream” in their hearts as they search for that “just the right home” to spend the rest of their lives. They looked and looked and were quite picky I may add, they wanted not just a house to call their own but a place to raise a family someday. After looking at all those homes for months on end, they decided upon a little brick house built in 1980 in the “older section” of Gilbert, AZ. The Hubby was originally from Kansas and Missouri and raised in Iola, Ks to be exact, ahhh but the “wifey” was a proud born and raised Arizona native. She had always wanted to live in Gilbert, when she was younger Gilbert was the Affluent town and full of country living with friendly people that would wave to ya as you drove thru downtown. One of the only places in “modern” city life Arizona that still has only a couple of street lights and a “15-25” mph speed limit, strictly enforced she may add. When they found this home and this quite, friendly, seeming neighborhood, she beamed with excitement and wouldn’t stop bugging her newly married Husband that “This is the one”. They moved in officially in early February 1998 to start their new life together. Not many months after the right thing to do was get a dog to make them a family and she answered an ad in the paper of a little Shepard husky that had be found on the US 60 wandering around and was only a baby. Just 1-2 years old. OMG!! How sad she thought. So when she spoke to hubby he said” NO LONG HAIRED DOGS” and that was the important thing period to him. Well she hopped in her truck with her friend in tow and hit the pet store to stock up on treats and all the basic needs of the new four legged friend to have to welcome it to its new home. She didn’t know if it was a boy or girl just yet. When she arrived to see the dog, She was told they named her Missy, Missy White Paws due to the tips of her toes. She was locked in a crate and hiding, yet when the wife bent down and opened the crate “Missy” “army crawled” out to her and instantly showed that “once again….”This is the one”. OOPS a long hair she was, but wifey didn’t care, when fate happens you have to go with it. So home they went. Hubby wasn’t happy at first and Missy was more than a handful let me tell you, obviously due to the bad hand she was dealt the year before this family got her and they love she now knew, she couldn’t stand when “he people” we away and made the neighbors behind them annoyed not to mention several occasions decided to eat house and home, no joke. To the point, one day wifey came home and Missy had ate the arm off the brand new couch, she scooped Missy up and ran away to her Best Friend Charity’s house to hide, until Hubby promised not to hurt her or get rid of her. The promise he made and kept and after getting Missy on Meds, all was well in our new home. She became the first child and spoiled just like one would be. A few years later it was time to start a “human” family and in April 2000, a little girl was born. No only was Missy the glue that held together a new family, this little miracle was even more so. See that couple tried for two years to make this little girl and just when they thought they were to be “pet parents only” forever, God answered their prayers. So as this beauty grew, she not only did all of her firsts in this home, but across the street at the neighbors, Whom they refer to as “Papa D and Gramma P” is where she took her first steps in his driveway, I mean actual walking steps. She took her first swim in the pool in the backyard, she went potty for the first time like a big girl in HER bathroom in the hall. She has pictures and videos of all of her firsts in THAT house as well as many of her cousins and family members. This house was also known in the neighborhood, as the home for wayward children and people. Anytime, anyone needed a place to hang their head in tough times, THIS IS THE HOUSE it happened. This is the home we lived when I (wifey) donated my kidney across the US in Florida to a perfect stranger in the middle of our court battle, fighting to save our home from being taken from us. This was the house where the door was always open to a friend in need. Our home is and was to us a warm bed that you can’t get out of in the morning, a tiny pink toothbrush in the bathroom, and the sound of my husband’s key in the door at the end of the day, the familiar sound of the jeep or motorcycle that the dogs new so well. The final resting place of our Beloved Missy, who loved to steal the vine ripen and only RED tomatoes off the plants in the backyard, so she was laid to rest in that very garden she loved so much, 11 years after she became our very first child. The place where right next to her is one of our “wayward children” little gizmo a Chiquaqua I found at a circle k on my way home from work, that the clerk actually kicked across the parking lot out the front door, all because it was over 115 outside and he just wanted to cool off. We need, want and miss our home, a place where we once thought of the word home as where we had grown up, yet we learned its where our family did. Houses get bought and sold; a home stays with you always. Comfort. Security. Favorite family memories. A place for sleepovers. A place of refuge a place all yours. This was something as a child I never had. I (the wifey) had moved well over twenty plus places, I could point em all out across the valley. My hubby on the other hand had three. This home was the first stability I ever had and now its gone and I will not stop fighting for it as this new life we are now living of uncertainty is not the life I wish upon ANYONE! The loss of our home was, is and remains devastating to say the least. Not only do I cry, my little girl and hubby cries, our friends cry for and with us and even our dogs we have now, one Missy’s old friend, Gramma Sam and the others born their in the very rooms between those cement and stucco walls cry in their own way. They too don’t understand why were not there. See, Our Fraud, deception, criminal activity actually goes back to the day we bought this, our first home, way back in 1997 and it is now all so obvious its makes me cry a lot. Yet I get back up and fight. I have sent letters to President Obama, Senator John McCain, Senator Russell, Senator Kyle, The Office of Thrift and Supervision, FTC, HUD, Fannie Mae, Aurora Loan Services, Mayor of Gilbert, AZ, News Station, Gov. Jan Brewer of AZ, The Arizona Attorney General Office, YOU NAME IT, EVERYONE Knows my name I bet ;0) . I have sent one there. Go ahead Google my name you will be in for a treat. I am known like a thorn in everyone involved sides as the prickliest of thorns, I was literally finally told, that when I call the screen flashes and they are told not to talk to me. YES SERIOUSLY….. All the way up the latter’s of Fannie Mae, Lehman Brothers , etc.…. think big,,,, I been there, called there, wrote there ..SOMETHING there…I have filed all appropriate documents including a complaint to the Office of Thrift and Supervision, Congress, FBI, I wrote the Oversight Committee and got a nice response actually, you get the idea Sir/Ma’am. All of which my complaints have never been answered with the exception of Sen. John McCain and The Arizona Ag’s Office, as well as the Mayor Of my hometown of Gilbert, Mayor Lewis. Or if they are it’s a I cant help, or when they do,, ALS responds and even though the answers are plain, bold face lies that I already sent the supporting documents to the requester of help I had seeked, they seem to allow it to continue, send me what they received and say “Well see we helped… vote for us next election or, Hey we sent a letter what do ya want sorry, etc. etc.” Its ok .. Again I am use to it. Yet I WILL NOT GIVE UP!! We go to our courts and our government for help in matters such as when the laws are meant to hold banks accountable for their fraudulent and illegal activity. In Arizona it seems some of our Maricopa County Superior Court Judges are seemingly, more interested in punishing those who didn’t break any laws, namely homeowners, instead of punishing the banks who blatantly break the laws, create fraudulent documents, try to illegally foreclose, and then lie about it. Including that “You don’t get a lawyer your going to loose” as we were told at our last hearing, yet the previous hearing he praised our good faith and hindered the Defendants Council on their breach of contract and bad practices etc. So needless to say we were stumped. There is a quote my mom and others piece by piece instilled in me that I always turn to when I am about to loose it, and that is “See the light that exists inside you and freely, willingly shine that light on the world. You never know the impact you can make on another persons life. You may never know if you made a difference yet keep shining anyway. Sometimes the best rewards are no rewards at all…and the very fact that One person can change the course of history. Yet always remember thru it all, its always YOU, that is that ONE person first and foremost!” I know that Everybody in this life has their challenges and difficulties. That is part of our mortal test. The reason for some of these trials cannot be readily understood except on the basis of faith and hope because there is often a larger purpose which we do not always understand. Peace comes through hope. Were suppose to see each other through the best of times and the worst of times, and this is our worst of times. We want our home, we never wanted to leave it, nor did we EVER ONCE say we would not pay for it. We had been there well over a decade and always paid 1 to 4 hundred more each month on principal the entire time, until the economy tanked and we needed help and then the nightmare for the last three years ensued and YOU NOR ANY OF THE BANKS INVOLVED would help, all it boiled down to was to take our home and we were just plain old deadbeats whom wanted a free house.We just want our house and help with payments we can handle until the job market returns, that’s all we ever wanted and the fact of our title being correct and fair and legal so someday IF we did sell, it wouldn’t be clouded. That’s all we have ever wanted, if anyone even cares.
THE TIMELINE OF BROKEN LINKS IN OUR FRAUDULENT CHAIN OF TITLE
1999 Docs~ yet there IS SO MUCH MORE and we still have folks and A few congressmen STILL helping us fight for truth……
1. Mr. M. D. signed a Warranty Deed for the sale of the property on 01/28/1999 and it was recordered in the Maricopa County Recorders Office on, 01/29/199 @ 4:50:00pm. The document number for this is 199900093580.
2. On the same date, Rebecca M signed a “Disclaimer Deed”(D-Deed), ( a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property.) The document number for this “D-Deed” is 1999093581. She signed it on 01/28/1999 and it was recorded in the Maricopa County Recorders Office on 01/29/1999 at 4:50:00pm.
3. a Deed of Trust (DOT) was signed on 01/28/1999 by Scott M and recorded in the Maricopa County Recorders Office on 01/29/1999 @ 4:50:00pm with the document number listed as 19990093582
“Trustor”, SECURITY TITLE “Trustee”, Scott M
The “Beneficiary and Lender” STRATFORD MORTGAGE COMPANY
4. An Assignment of Beneficial Interest was signed by PAUL INTERRANTE (Vice President) of Stratford Mortgage Company on 03/01/1999, yet wasn’t recorded in Maricopa County Records until 06/07/1999 at 9:37:00am. Document number 19990543999 (It should also be noted that the address listed as that of the assignee which is named PRINCIPAL RESIDENTIAL MORTGAGE, INC. is the same as what was listed as the address for STRATFORD MORTGAGE COMPANY in the DOT. Yet Stratford Mortgage is located in Quinlin, TX.)
“Trustor” Scott M “Trustee” SECURITY TITLE
“Assignor and Beneficiary” as STRATFORD MORTGAGE COMPANY
“Assignee” as PRINCIPAL RESIDENTIAL MORTGAGE INC.
5. 2006 Refi Docs- Rebecca M again on March 21, 2006 signed a “Disclaimer Deed” document number 20060394389 & was recorded in Maricopa County Recorders Office on 03/26/2006 @ 3:19:03pm.
6. On 03/23/06 a “ Deed of Release and Reconveyance” was recorded at 12:58:13pm in the Maricopa County Recorders’ Office (NOT SIGNED) by unknown people & time, Document number 20060393093 has typed in date of “witnessed” of 03/23/2006. It shows the name of MERHL GIBSON Vice President of Principal Residential Mortgage, and Notary Jane Eyler of Fredrick County Maryland. (typed text only) As you see it was recorded the same day.
7. 3/16/2006 Scott M, signed a Deed of Trust which was then recorded on 03/23/2006 @ 3:19:03pm in Maricopa County Recorders Office. Document number 20060394390
“Borrower” Scott M
“Lender” Universal Savings Bank, F.A.
“Trustee” Stewart Title and Trust of Phoenix Inc. It also listed in section (E)
“MERS” is Mortgage Electronic Registration Systems, Inc. as a Separate Corporation, acting solely as “Nominee” for lender and lenders successors and assigns, also states that MERS is the “Beneficiary” under this Security Instrument.
8. Per a written response/email From Lehman Bros Holdings, a “loan at this address was owned by Lehman Brothers bank (LBB) and sold to Fannie Mae on 05/25/2006”( NO ASSIGNMENTS)
9. A Substitution of Trustee was signed on 07/22/2010 by Susan Smothers, Asst Sec MERS and recorded in Maricopa County Recorders office on the same day 7/22/2010 at 2:55:40pm Document number 2010062459
“Trustor” Scott M
“Undersigned Beneficiary” Mortgage electronic Registration systems, Inc. (MERS) as nominee for Universal Savings Bank, F.A
“Successor Trustee” Cal-Western Reconveyance Corporation
“ Trustee” Stewart Title & Trust of Phoenix, Inc. (There is NO PARCEL ID number shown on this document.)
10. Notice of Trustee’s Sale Under Deed of Trust (NOT’S) was signed AGAIN 07/22/2010 by Susan Smothers whom at this time was now A.V.P (Assistant Vice President) of Cal-Western Reconveyance Corporation and recorded in Maricopa County Recorders Office on 07/22/210 at 2:58:40pm
“Original Trustor” Scott M
“Current Trustee” Cal-Western Reconveyance Corporation
“Current Beneficiary” Aurora Loan Services LLC (YET NO ASSIGNMENTS HAVE PRIOR TO OR AFTER)
( LEGAL DESCRIPTION ATTACHED SEEMS TO BE TAKEN FROM ORG STRATFORD DOCS and is missing on recorded STRATFORD DEED with parcel id then typed in.
11. Purportedly On 12/14/2010 an Corporate Assignment Of Deed Of Trust was signed by Joshua Cook Loan Administration Assistant Vice President, for Aurora Loan Services, LLC, by IBM Lender Business Process Services, Inc., its Attorney in fact. For the value received to Fannie Mae. It was recorded in the MCRO on 08/04/2011 @ 10:58:44am. (We actually received this same document per a Qualified Written Request that IBM LPS was in violation of law in time it took to respond among other issues.) yet this actually didn’t show up anywhere until May 2011 HUH????????
12. Purportedly On 12/14/2010 an Corporate Assignment Of Deed Of Trust was again signed by Joshua Cook this time he was the notary to the signature of Charlene Busselaar with the title of MERS is Mortgage Electronic Registration Systems, Inc., as nominee for Universal Savings Bank, FA . For the value received to Aurora Loan Services LLC. “Effective Date of 0722/2010, “TYPED IN” the day they recorded the Notice of Trustee Sale and It also has stamped at the top First American Title, Instrument prepared by. (We actually received this same document per a Qualified Written Request that IBM LPS was in violation of law in time it took to respond.) yet this actually didn’t show up anywhere until May 2011 HUH????????
13. on 10/18/2010 we filed In the Maricopa County regarding the lawsuit and TRO/Injunction against (at the time) MERS, AURORA LOAN SERVICES LLC, CAL WESTERN RECONVEYANCE CORP. (As., We had no idea that Fannie Mae was involved in our loan at this time) added them much later
14. On 03/14/2012 Cal Western Reconveyance held the 2nd Auction date, which was never publicized, a new NOT’S was never made or given and the old NOT’S was never canceled nor amended. They used the EXACT SAME NOT’S from 07/22/2010 to continue and complete the illegal sale 2 years later.
15. A Trust Deed Upon Sale was signed on 03/16/2012 by the very same SUSAN SMOTHERS only this time she was AVP (Assistant Vice President) of Cal Western Reconveyance Corporation and they notary was a C. Hoy out of San Diego California and Recorded on 03/19/2012 in the MCRO. With an Effective date again typed in as 03/14/2012. The “Current Trustee” was named Cal Western Reconveyance Corporation, The “Original Trustor” was Scott M, The “Grantee” was Fannie Mae A/K/A Federal National Mortgage Associationyou can read
http://azfightsfraudsters.wordpress.com/about/ our web blog.
We don’t want a free home never did, it’s the principal of it all, our home, our history, our good faith and their lies, deceit and paper version home invasion in my opinion. WE WILL NOT GIVE UP UNTIL WE GET OUR>>>>>> OUR HOME BACK.
See I am writing EVERYONE I can for help. We want our home, we never wanted to leave it, nor did we EVER ONCE say we would not pay for it. We had been there well over a decade and always paid 1 to 4 hundred more each month on principal the entire time, until the economy tanked and we needed help and then the night mare for the last three years insured. It seems no one cares to help. At least no one whom had our loan and we had in court, until we had to walk away and stop fighting the legal battle cause, well, their pockets are deeper than ours and thanks to this nightmare, we have lost everything! The bottom line is, Its funny they (fannie mae) have a sign up and have had it on and off mls, but mainly off. I have found many times they listed it as a non foreclosure for sale, a rental and a short sale yet they all say not available or off the market. Our home is sitting there, were are sitting here, and it was taken wrongly,now it AGAIN WAS RESTOLEN ILLEGALLY…. We just want our house and help with payments we can handle until the job market returns, that’s all we ever wanted and the fact of our title being correct and fair and legal so someday IF we did sell, it wouldn’t be clouded. I am sorry to have bothered you and you probably wont care anyway. IBM LBPS is who had it last yet would even talk to us..”after you done in litigation call us and then we can help you” WHAT??? they had our loan AURORA DID the N.O.T AFTER they told us we were being transferred….. and then backdoored us with them in their pocket and a 2 and half years later…………….. I cant make judgment on you as I don’t know you from Adam but as I said, I am just pleadingand telling EVERYONE ON EARTH and those involved our story. Thank you for your kindness In at least reading…….
Regardless, Thank you for taking your time to read the enclosed letter and I look forward to your reply regardless if you can help!
Sincerely,
Rebecca and Scott AZ Grown Rebecca Misenhelter
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MORTGAGE FRAUD VICTIM CHRISTY ZINT-OSBORN’S STORY
Background: Home located at 210 E. Beechwood Ln. Indianapolis, IN 46227, was purchased more than 20 years ago. The Mortgage in this matter was obtained from Plymouth Exchange in 2005 as a refinance and they subsequently sold/transferred the Mortgage (MERS) to Washington Mutual 6 days after signing of the Note by borrower, James R. Osborn. Spouse of 29 years, Christina A. Osborn was not a borrower on this Mortgage, but was listed on the Deed for this property.
In 2009, July (JP Morgan’s later admission) and August (James’ handwritten notes of names/dates/phone numbers of WaMU employees) my husband, James (borrower) requested a DUE DATE CHANGE from Washington Mutual. Mr. Osborn NEVER REQUESTED A RATE OR PAYMENT AMOUNT REDUCTION. After numerous times of faxing the requested documentation and denial of receiving it, Washington Mutual eventually admitted that they had all the required documentation to Change the Due Date. Washington Mutual instructed my husband to NOT make any payments for 3 MONTHS. Mr. Osborn was told that the Due Date could ONLY be changed once the loan was in Default. So he waited as instructed. 3 MONTHS AND 1 DAY later on December 2, 2009, the Sheriff showed up at the home with Foreclosure papers!!
When EXACTLY did the ‘Dual Tracking’ on this Mortgage begin? According to paperwork filed by JP Morgan attorney, Kathleen M. Hetrick (Feiwell & Hannoy), the REQUEST FOR MILITARY STATUS (NON-MILITARY AFFIRMATION) was obtained from the Department of Defense Manpower Data Center on November 23, 2009 at 12:59:31. How long after instructing Mr. Osborn to NOT MAKE ANY PAYMENTS FOR 3 MONTHS, did Washington Mutual/JP Morgan Chase begin this Illegal Foreclosure? It’s only a matter of time before the dates of when this ‘Dual Tracking’ actually began are discovered.
Mr. Osborn hired an attorney on December 16, 2009, who advised him to file Bankruptcy to immediately stop the Sheriff Sale. Initially, we filed Chapter 13 Bankruptcy, but due to income level at the time, and not allowed to include our son’s income, even though he was living in the home, the Bankruptcy was transferred to Chapter 7, July 28, 2010. We were to be notified of the Discharge decision by the Court no later than December 15, 2010.
My husband, having worked/retired from the finance/mortgage business after 33 years, knew without a doubt that what Washington Mutual/JP Morgan Chase had done was ILLEGAL and planned to file a lawsuit against JP Morgan Chase once the Bankruptcy was discharged on December 15, 2010.
Mr. Osborn had also contacted U.S. Representative Dan Burton’s office for assistance during this time.
On Thanksgiving Day, while at the neighborhood station, getting gas, my husband suffered a massive heart attack and died!! Contrary to the statement made by my attorney, Jason Wischmeyer in his MOTION TO SET ASIDE JUDGMENT AND VACATE SHERIFF SALE (sentence #8), Mr. Osborn DID NOT have pre-existing ‘heart issues’. No one will ever convince me otherwise that the depression and daily stress of dealing with this Illegal Foreclosure didn’t directly contribute to my husband’s sudden death!
I, as the surviving spouse/heir/Deed holder/Foreclosure Defendant, contacted JP Morgan Chase within a week of my husband’s passing (December 1, 2010), only to be given the run around over and over and over. I requested from JP Morgan Chase the documents to sign that would allow me to take over the mortgage payments, adding me to the Note. What I received from them, were Loan Modification documents that could only be filled out/signed by my dead husband! After another month and many more phone calls to JP Morgan Chase, they sent me the paperwork to allow me to be added to the Mortgage, however, once again these documents could only be filled out/signed by my dead husband! After yet another month of waiting, I once again received the same documents, though this time they were sent by JP Morgan Chase’s attorney (Feiwell & Hannoy) for a Loan Modification that could only be filled out/signed by my dead husband!
At this point (February 2011) I was not going to sign anything, as I did not trust the competency of anyone at JP Morgan Chase. I did not feel confident that if I started sending payments to JP Morgan Chase that they would be applied to the Mortgage.
So I waited for JP Morgan Chase to notify me again or the Court for that matter; JP Morgan Chase made NO further communications or notifications until November 2011. In allowing over a year to expire with absolutely NO action on their part did JP Morgan Chase ‘FAIL TO ESTABLISH DILIGENCE IN BRINGING THEIR MOTION FOR RELIEF”? In November 2011, a letter was received at the home, addressed to Mr. Osborn, (deceased for 1 year) that they, JP Morgan Chase were proceeding with the Foreclosure and Sheriff Sale (scheduled for February 2, 2012).
Additionally, immediately after my husband’s passing, I contacted numerous agencies/government programs (HAMP, HOPE) only to be told the same thing; as I was not the Mortgage holder they could not/would not provide any assistance to me in saving my home of 20 years!
I hired an attorney (Jason Wischmeyer) on December 13, 2011 to file an Illegal Foreclosure lawsuit against JP Morgan Chase. What Mr. Wischmeyer filed instead was a MOTION TO SET ASIDE JUDGMENT AND VACATE SHERIFF SALE.
Although there are ORDERS in the Court file to SET ASIDE JUDGMENT AND VACATE SHERIFF SALE they were not filled out nor signed by Judge Thomas Carroll (Marion County Superior Court 6). Judge Thomas Carroll did grant and set a hearing/Court date for February 17, 2012. However, he did not grant the Motion to Vacate Sheriff Sale. The home was sold to Freddie Mac on February 7, 2012 for $67,304.00 (includes Sheriff fees).
In a letter received from my attorney, Jason Wischmeyer, he stated, “The Sheriff Sale date was scheduled in early February and when I contacted the Court’s bailiff I was told that this date would be vacated and that they would inform the Marion County Sheriff”.
Also stated, “I later learned that the Sheriff sale was not vacated; however, in speaking with the attorney for JP Morgan Chase it was agreed that this would not be a factor regardless of the Court’s ruling because it was the bank that had bid their interest and purchased the home and the home would not be transferred until after resolution of the issues pending.”
On the morning of February 17, 2012, as I was leaving for the courthouse for the hearing, I received a phone call from my attorney, Jason Wischmeyer, stating that JP Morgan Chase attorney (Feilwell & Hannoy) had requested a Continuance. After a lengthy and ‘heated’ conversation with my attorney I reluctantly agreed to the requested Continuance; only after he stated, “if you work with them, they will work with you”. It was during this same conversation that I learned my home had been sold to Freddie Mac on February 7, 2012. Additionally, my attorney stated that he was also talking with Freddie Mac and JP Morgan Chase to determine the amount it would cost me and/or my son to buy our home from Freddie Mac and that we should secure financing, which we did by the end of that week. We were never contacted again or given an amount from anyone in order to keep our home of 20 years!
Fast forward to April 3, 2012. After receiving a notice from the Homeowner’s Insurance that the policy was to be cancelled due to non-payment, I called my attorney, Jason Wischmeyer, to inquire if I should pay the premium or did JP Morgan Chase/Freddie Mac pay as the home had been sold already. It was during this conversation that my attorney informed me that a new court date had been granted and set for March 2, 2012 @ 10 am. BUT due to him being sick that day and NOT showing up for court, and NEVER informing me of this court date, that after waiting months and months to finally have my first opportunity for ‘due process’…my first ‘day in court’ to defend my property, he proceeds to tell me that not only was my case dismissed by Judge Carroll, but that the 30 days allowed to file an appeal had EXPIRED!!!
In a letter I received from my attorney (April 4, 2012) he stated, “That same afternoon, I spoke with JP Morgan Bank’s attorney and he had stated that the Judge had denied the Motion to Set Aside pointing out that it was beyond the 1 year time period for such a filing and that the Court also had issued a Writ of Assistance allowing the JPMorgan Chase attorney to seek the assistance of the Sheriff to help in vacating any person at the home”. Correct me if I am wrong, BUT as I was not the one that initiated this Illegal Foreclosure Lawsuit in the first place, it was NOT my obligation to ‘ESTABLISH DILIGENCE IN BRINGING THEIR MOTION FOR RELIEF”. JP Morgan Chase was granted an ORDER IN NO ASSET CASE (October 2010) and did ABSOLUTLY NOTHING until DECEMBER 19, 2011 when they filed a NOTICE OF RELIEF FROM STAY. I IMMEDIATELY hired attorney, Jason Wischmeyer to respond, to file a counterclaim against JP Morgan Chase for this Illegal Foreclosure. I was never given the opportunity to DEFEND MY PROPERTY; I was NEVER ALLOWED MY ‘DUE PROCESS OF LAW’ AS GUARANTEED BY THE CONSTITUTION OF THE UNITED STATES OF AMERICA! INSTEAD, JP MORGAN CHASE/FREDDIE MAC WERE ALLOWED BY THE COURTS TO ‘STEAL’ MY HOME OF OVER 20 YEARS WITHOUT EVER PROVING THEIR CASE IN THIS ILLEGAL FORECLOSURE IN A COURT OF LAW!!! JP MORGAN CHASE/FREDDIE MAC WERE NEVER REQUIRED TO PROVE THAT THEY WERE A ‘BONA FIDE HOLDER FOR VALUE’
Although my attorney, Mr. Wischmeyer stated that he was not notified of the March 2, 21012 Court date until late in the afternoon of March 1, 2012, and left a message for his assistant to contact me the next day, I never received any messages of the March 2, 2012 Court date, needless to say, I terminated my contract with my attorney, Mr. Wischmeyer!
Also on April 4, 2012, after meeting with Mr. Wischmeyer to receive my file and a partial refund from him, I went to the Marion County Courthouse, Superior Court 6 to have copies made of my court file. On this day, I only requested copies of all the documents that had been placed in the Court record from the time that Mr. Wischmeyer had been hired. Upon receiving these copies from the court, I learned that Mr. Wischmeyer had misrepresented me and made inaccurate statements in his initial Motion that he had filed.
In a letter to the Court, dated January 6, 2012, Mr. Wischmeyer stated that he had submitted to the Court ‘alternate option Orders for the Court’s consideration”. I did not know what these ‘alternate option Orders’ were, as they were never given to me, nor is there a copy of these options contained in the Court file. As of April 2, 2013 I received these alternate option Orders from Mr. Wischmeyer.
Mr. Wischmeyer stated in the MOTION TO SET ASIDE JUDGMENT AND VACATE SHERIFF SALE; “Around the time of the Discharge, Defendant, James R. Osborn continued to discussions with the Plaintiff, JP Morgan Chase Bank, N.A., in an effort to utilize available hardship programs available through JP Morgan Chase Bank, N.A.” I have no idea where Mr. Wischmeyer obtained this information/statement considering “Around the time of Discharge”; Mr. Osborn was deceased! Mr. Osborn was not continuing discussions with JP Morgan Chase in an effort to utilize available hardship programs. Mr. Osborn was waiting for the Bankruptcy Discharge to be final on December 15, 2010, the date he was told we would be notified of the decision, so that he could file an Illegal Foreclosure Lawsuit against Washington Mutual/JP Morgan Chase.
To top it off, after retrieving all the documents in this Court file, I now learned that Mr. Wischmeyer had blatantly lied to me! It was Mr. Wischmeyer that had requested the first Continuance on my behalf, NOT JP Morgan Chases’ attorneys, as he had stated to me on the morning of February 17, 2012. It now made sense to me why Mr. Wischmeyer had been so adamant during our telephone conversation on the morning of February 17, 2012 that I agree to the Continuance; he had filed the Motion and been granted the Continuance BEFORE contacting me! The MOTION FOR CONTINUANCE is dated February 13, 2012 and was filed with the Court on February 16, 2012. It should be noted that I obtained from the Court files, two (2) copies of the ORDER ON MOTION FOR CONTINUANCE signed by Judge Carroll; one is dated February 13, the other is dated February 17, both were Filed on February 17, 2012. Upon a recent trip back to the Courthouse to retrieve additional copies (April 1, 2013), it was noticed that the ORDER ON MOTION FOR CONTINUANCE dated February 13, 2013 had been removed from the file.
It should also be noted that I obtained copies of three (3) letters that Judge Carroll sent to Phillip Norman (Fifth Third Bank), Jason Wischmeyer (my attorney), and Kathleen Hetrick (JP Morgan/Freddie Mac attorney), dated January 30, 2012, stating’ “FEDERAL HOME LOAN MORTGAGE CORP VS. JAMES R. OSBORN HAS BEEN SET FOR HEARING ON MTN TO SET ASIDE JUDGMENT ON FEBRUARY 17, 2012 AT 10:00 AM O’CLOCK”.
My question is….IF FREDDIE MAC ALREADY OWN THE HOME AND WAS THE ONE BRINGING THIS ILLEGAL FORECLOSURE FORWARD, WHY DID THEY NEED TO PURCHASE THE HOME FROM JP MORGAN CHASE AT THE SHERIFF SALE A WEEK LATER ON FEBRUARY 7, 2012??
It should also be noted, in a recent telephone conversation with Freddie Mac (March 22, 2013) it was stated that ‘Freddie Mac always owned this property’. So my question is…IF Freddie Mac owned this property and NOT JP Morgan Chase, is it Freddie Mac, the US government, who is responsible for this Illegal Foreclosure? Is it the US government that stole my home?
My gut instincts told me to go back to the Courthouse to have all the remaining documents in the file copied. After receiving the remaining copies on April 20, 2012, it took me less than five minutes to find the evidence that the AFFIDAVIT IN SUPPORT OF PLAINTIFF’S JUDGMENT ENTRY AND DECREE OF FORECLOSURE that had been filed with the court by JP Morgan Chase and their attorney, Feiwell & Hannoy, in addition to inaccuracies stated within, had also been ROBO-SIGNED!!
A few of the issues with this ‘Affidavit’ are as follows:
1. ROBERT MARTINS, SPECIALIST
• Who is Robert Martins?
• Who was/is Robert Martins actual employer?
• Did Robert Martins “have personal knowledge of the facts and matters stated herein’?
• Name on Affidavit is Rubber-stamped
• Signature is a ‘scribble’
2. FLORINA C. MUNOZ, NOTARY PUBLIC
• Florina C. Munoz has been identified repeatedly as a well-known Robo-Signer.
3. Date of AFFIDAVIT
• Affidavit created on December 4, 2009 but not filed with the Court until February 10, 2010.
4. STATEMENT #4 – ACCORDING TO THE RECORDS, THE PLAINTIFF IS THE HOLDER OF THE PROMISSORY NOTE AND MORTGAGE AT ISSUE IN THE PLAINTIFF’S CAUSE OF ACTION.
• Does JP Morgan Chase have possession of the ‘Blue-wet-ink” Promissory Note and Mortgage?
• NO Mortgage Assignment listing JP Morgan Chase as the Holder of the Promissory Note and Mortgage has been submitted or recorded in the records of Marion County Indiana for this property, by neither Washington Mutual Bank nor the FDIC.
• Per the Michigan Supreme Court in Kim vs. JP Morgan Chase Bank, NA:
In an opinion by Justice MARILYN KELLY, joined by Justices CAVANAGH, MARKMAN, and HATHAWAY, the Supreme Court held:
When a subsequent mortgagee acquires an interest in a mortgage through a voluntary purchase agreement with the FDIC, the mortgage has not been acquired by operation of law and that subsequent mortgagee must comply with the provisions of MCL 600.3204 and record the assignment of the mortgage before foreclosing on the mortgage by advertisement. Any defect or irregularity in a foreclosure proceeding results in a foreclosure that is voidable, not void abinitio.
1. The FDIC, when acting in its capacity as conservator or receiver of failed depository institutions, acquires by operation of law all rights, titles, powers, and privileges of the failed insured depository institution and title to the books, records, and assets of any previous conservator or other legal custodian of such institution under 12 USC 1821(d)(2)(A). Accordingly, the FDIC succeeded to Washington Mutual’s assets, which included plaintiffs’ mortgage, by operation of law.
2. Under 12 USC 1821(d)(2)(G), the FDIC may dispose of a failed bank’s assets (1) by merging the insured depository institution with another insured depository institution or (2) by transferring, subject to approval by the appropriate federal banking agency, any asset or liability of the institution to another depository institution. A transfer occurs by operation of law when it takes place unintentionally, involuntarily, or through no affirmative action on the part of the transferee. The transfer of Washington Mutual’s assets from the FDIC to defendant was an
assignment and did not take place by operation of law because defendant acquired Washington Mutual’s assets in a voluntary transaction pursuant to 12 USC 1821(d)(2)(G)(i)(II). The FDIC
chose to transfer Washington Mutual’s assets through the voluntary purchase agreement, not by a merger, which would have effectuated the transfer of assets by operation of law under 12 USC 1821(d)(2)(G)(i)(I).
3. Under MCL 600.3204(3), if the party foreclosing on a mortgage by advertisement is not the original mortgagee, a record chain of title must exist evidencing the assignment of the mortgage to the party foreclosing on the mortgage before the date of sale. Defendant failed to record the assignment of plaintiffs’ mortgage before foreclosing on it by advertisement.
4. Defects or irregularities in a foreclosure proceeding result in a foreclosure that is voidable, not void ab initio. To set aside a foreclosure-by-advertisement sale on the basis of a failure to follow the foreclosure requirements set forth in MCL 600.3204, the party claiming a defect must demonstrate prejudice by showing that it would have been in a better position to preserve its interest in the property absent the other party’s statutory noncompliance. Because defendant failed to record its interest in plaintiffs’ mortgage in compliance with MCL 600.3204 before foreclosing on the property by advertisement, the sale was voidable, not void ab initio as the Court of Appeals incorrectly determined.
Affirmed in part, reversed in part, and remanded for further proceedings.
• While this particular case occurred in Michigan, Indiana also has a similar law; IC 32-29-2 for ‘Recording Assignment’
• The FDIC DID NOT ISSUE A MORTGAGE ASSIGNMENT TO JP MORGAN CHASE for this property. I have personally witnessed this omission. Furthermore, I had two employees of the Recorder’s Office verify that this Assignment was not recorded as required by law.
• Can JP Morgan Chase prove that they ‘booked the Loan as a Receivable with a Reserve for Default”? Or did they only ‘book the Transaction as a Fee for Service, never having entered it on their Balance Sheet’?
• JP Morgan Chase Bank has admitted in Federal litigation that it is NOT the ‘Successor in Interest’ to Washington Mutual.
5. STATEMENT #5 – ACCORDING TO THE RECORDS, JAMES R. OSBORN DEFAULTED PURSUANT TO THE TERMS OF THE PROMISSORY NOTE BY FAILING TO TENDER THE PLAINTIFF THE MONTHLY PAYMENTS WHEN DUE.
• James Osborn ONLY defaulted on the Note, AFTER he was instructed to do so by Washington Mutual employees in order to obtain the DUE DATE CHANGE that he had requested. It doesn’t matter how many times, or how long Washington Mutual/JP Morgan Chase denies this FACT, NOTHING IS GOING TO CHANGE THIS FACT!! Just as the Robo-signing, Dual Tracking, Securitization, MERS, to name but a few of the many illegal activities committed by the banks and others in order to illegally foreclose on millions of homes across the U.S, it is only a matter of time before the TRUTH comes to light! It should be noted, that I have located another Washington Mutual borrower who was also instructed to not pay his mortgage for 3 months in order to change the due date. Washington Mutual/JP Morgan began Foreclosure proceeding on this person also. I am sure I will uncover more borrowers in my continued research. Additionally, as I have the names of the Washington Mutual employees who instructed Mr. Osborn to NOT make any payments for 3 months, it is only a matter of time before these employees are located and subpoenaed to testify under Oath. It was my son who encouraged his Father to call Washington Mutual to request a DUE DATE CHANGE in order to avoid paying any additional late charges. He is looking forward to testifying under Oath to the instructions that his Father was given in order to have the DUE DATE CHANGED.
6. STATEMENT #6 – ACCORDING TO THE RECORDS, THE LAST PAYMENT RECEIVED AND APPLIED BY THE PLAINTIFF WAS FOR THE PAYMENT DUE JULY 1, 2009
• Without examination of the cancelled checks and bank statements from the account that Mr. Osborn used, this statement appears to be true.
7. STATEMENT #9 – ACCORDING TO THE RECORDS, THE PLAINTIFF IS ENTITLED TO RECOVER THE FOLLOWING ADVANCES, LATE CHARGES, AND COSTS OF COLLECTION PURSUANT TO THE TERMS OF THE PROMISSORY NOTE AND MORTGAGE.
• LATE CHARGES $422.88
Per documents that JP Morgan Chase provided to the Indiana Attorney General’s office, dated May 25, 2012, JP Morgan Chase stated ACCUMULATED LATE CHARGES as follows:
July 29, 2009 $332.12
August 28, 2009 $358.14
September 29, 2009 $390.51
December 4, 2009 (Date of Affidavit) $422.88
Doing the math –
Accumulated Late Charges from July to August is $26.02.
Accumulated Late Charges from Aug. to Sept is $32.37
Accumulated Late Charges from Sept. to Dec. is $32.37
What? Was JP Morgan Chase Not Accumulating the Late Charges for October and November? Ironic…that the Accumulated Late Charges for September was $390.51, add to that the ‘average’ amount of the late charge of $32.37 and that equals the TOTAL Late Charges as of December in the amount of $422.88 as stated by JP Morgan Chase. Same amount? Three (3) months of Accumulated Late Charges – NOT five (5) months as claimed by JP Morgan Chase. I am sure JP Morgan Chase has an explanation for this.
IF the Accumulated Late Charges as JP Morgan Chase has stated in the Affidavit for the month of July to be $332.12, WHY according to the CHASE DETAILED TRANSACTION HISTORY, also supplied to the Indiana Attorney General’s office, did JP Morgan Chase state that the LATE CHARGE PAID was $6.35. Once again, I am sure JP Morgan Chase has an explanation for this.
• PROPERTY INSPECTION FEES $84.85
At NO time did anyone ever enter the property at 210 E. Beechwood Ln., Indianapolis, 46227 to perform an “inspection” prior to the Sheriff Eviction on May 4, 2012.
o Who was the company that performed this inspection?
o What is the name of the inspector?
o When was this inspection done – date?
o Where is the copy of this inspection?
o How was this inspection completed without entering the property?
The Affidavit is just ONE document within the Court file that contains fraudulent statements. It is my understanding that anyone who submits fraudulent documents to the Court has committed a FELONY. If this is true, why has no one been charged, prosecuted or held accountable? At the VERY LEAST, why once the Court was made aware of the presence of fraudulent documents within the Court file, was this Illegal Foreclosure NOT stopped long enough to view these fraudulent documents? Was the EMERGENCY MOTION TO STAY THE EVICTION, that I submitted myself, pointing out these fraudulent statements even read before it was Denied and we were evicted from our home? I have yet to receive (as of April 2013) any notice or letter from the Court stating that my lawsuit against JP Morgan Chase Bank was dismissed and the reason for the dismissal.
After obtaining the remaining documents from the Court file and discovering the many discrepancies, inaccuracies, and fraudulent statements, I sent out another round of letters/complaints, as well as making numerous phone calls to everyone and anyone, to NO AVAIL or ASSISTANCE!!
Some of the agencies that were contacted:
JP Morgan Chase – several different departments
JP Morgan Chase & Freddie Mac attorney – Feiwell & Hannoy
Indiana Attorney General
Office of the Governor of Indiana
U.S. Dept. of the Treasury – Office of the Comptroller
Federal Home Loan Mortgage Corp (Freddie Mac)
Home Steps
F.B.I.
President Barack Obama
It didn’t matter how many times I contacted JP Morgan Chase (I have the list of names, dates, times, phone numbers) for assistance and requesting information. I was repeatedly told the same thing; ‘you are not the Borrower, we do not have to assist you or give you any information’. It didn’t matter that I repeatedly reminded them that I was the spouse/heir/Deed holder and that they had included me in the Foreclosure Summons as a Defendant; JP Morgan Chase consistently refused.
It wasn’t until I filed a complaint with the Indiana Attorney General’s office (May 4, 2012) that I finally was given any information. JP Morgan Chase did not supply this information to me. The Indiana Attorney General forwarded to me a copy of JP Morgan Chase’s response to my complaint, dated May 25, 2012. Of all the documents that JP Morgan Chase supplied to the Indiana Attorney General’s Office, I find it very ironic that the AFFIDAVIT for this Illegal Foreclosure was NOT included!
JP Morgan Chase Response to my complaint included:
• A RESPONSE letter written by Ronicia Lewis – dated May 25, 2012 (1 copy)
Due to the length of my Counter-response to Ms. Lewis, a separate document was created to address JP Morgan Chase’s claims and statements made to the Indiana Attorney General’s Office.
• Notice of Collection Activity – dated Sept. 18, 2007 (1 copy)
• Notice of Collection Activity – dated July 29, 2009 (1 copy)
• Presuit Notice – dated July 28, 2009 (1 copy)
• Notice of Collection Activity – dated August 28, 2009 (1 copy)
• Presuit Notice – dated August 27, 2009 (2 copies)
• Notice of Collection Activity – dated Sept. 29, 2009 (1 copy)
• Presuit Notice – dated September 28, 2009 (2 copies)
• Notice of Bankruptcy Case Filing – dated 4/16/2010 (pg 1 of 2)
I do not have knowledge if the above listed letters were
sent to/received by the Borrower. However, these were to be sent to the Borrower by Certified Mail with Signed Receipt. Washington Mutual/JP Morgan Chase should have these Borrower Signed Receipts in their possession to prove that they were sent and received by the Borrower as required by law.
• Letter Jason Wischmeyer submitted to Court – dated Jan. 6, 2012 (1 copy)
• APPEARANCE motion submitted by Jason Wischmeyer (1 copy)
• MOTION TO SET ASIDE JUDGMENT AND VACATE SHERIFF SALE submitted by Jason Wischmeyer (1 copy)
• ORDER FOR WRIT OF ASSISTANCE (8 copies)
8 copies?
• CHASE DETAILED TRANSACTION HISTORY (Activity for Period 1/1/2007 – 6/14/2012) – dated June 14, 2012 (1 copy)
Although this “Transaction History” is titled, “Detailed”, there are months and months of missing information.
• LOAN MODIFICATION AGREEMENT – dated January 11, 2008 (1 copy)
If this Loan Modification occurred, there are MANY questions that need to addressed by JP Morgan Chase/Freddie Mac:
1. IF Borrower was given $6,798.91 and the NEW balance (P & I) had increased to $94,934.69 WHY is this new P & I amount NOT reflected on the Chase Detailed Transaction History that JP Morgan Chase supplied to the Indiana Attorney General?
2. IF this Modification occurred, WHY was it NEVER recorded in the Marion County Records? The Modification Agreement clearly states, “THIS MODIFICATION IS TO BE EXECUTED IN DUPLICATE ORIGINALS. ONE ORIGINAL IS TO BE AFFIXED TO THE ORIGINAL NOTE AND ONE ORIGINAL IS TO BE RECORDED IN THE LAND RECORDS WHERE THE SECURITY INSTRUMENT IS RECORDED.”
3. Where is the Notary Seal of the person who signed this in Marion County Indiana? It is State Law that all Notary seals are to be reproducible by copy, fax, and scan.
4. Why does the Notary that was used by Washington Mutual on this Document, Lorrie Ann Anderson (Commission DD 658609) NOT appear in the Florida Secretary of State database of Notaries in the State of Florida? ROBO-SIGNER??
5. Person signing this Loan Modification listed as: JULIE A. MATHIS, ASSISTANT VICE PRESIDENT-WASHINGTON MUTUAL BANK. Current searches list Julie A. Mathis, Washington Mutual Bank – DEPARTMENT MANAGER.
HUGE DEMOTION? OR ANOTHER ROBO-SIGNER?
• FORECLOSURE SUMMONS – dated December 2, 2009 (1 copy)
• Documentation Request Letter from Ronicia Lewis – dated May 7, 2012 (1 copy)
I FINALLY received a telephone call from JP Morgan Chase in response to my numerous calls and complaints. However, this phone call from Ms. Lewis was received as the Sheriff was literally standing on my driveway EVICTING my son and I from our home!!
JP Morgan Chase was FINALLY going to assist me BUT only if I could ‘prove Mr. Osborn was DEAD’!!! Needless to say, my response to JP Morgan Chase/Ms. Lewis was not ‘nice’. I informed Ms. Lewis, that if she thought I was lying about Mr. Osborn being dead, she was more than welcome to contact the Marion County Coroner’s Office herself and obtain the Death Certificate. On the other hand, I stated to her, she would be more than welcome to talk to my son and question him if his Father was really dead! I only recently retrieved my husband’s remains from the funeral home (March 22, 2013). They had agreed to store them for my son until the time when he was able to retrieve them himself. That day has still not arrived.
In regards to JP Morgan Chase/Ms. Lewis’s request for a copy of the Last Will & Testament or Copy of Appointment of Executor/Executrix, I informed Ms. Lewis during this conversation that neither document existed. Mr. Osborn did not have a Last Will & Testament. I also informed Ms. Lewis that as Mr. Osborn had invested his entire pension into the Stock Market and lost it all and that since our home had been ‘stolen’ from us, we had nothing of value left in order to establish an Estate.
On April 20, 2012, a letter was received from JP Morgan Chase – Foreclosure Research only signed by initials ‘jp’, addressed to Mr. Osborn, in ‘response to your recent inquiry regarding the foreclosure of this Chase loan.’ JP Morgan Chase was informing Mr. Osborn that a Writ for Assistance had been issued on March 2, 2012 and had attached a copy for his review. JP Morgan Chase also stated, “There was a copy sent to Ms. Christina Osborn’s attorney Mr. Jason P. Wischmeyer from Wischmeyer Law Office. “ “I have also attached a copy of the Appearance and Order on Motion for Continuance for your review”. This is the BEST part of this letter from JP Morgan Chase; “Chase’s goal is to provide the highest level of quality service. If you have any questions, please contact Customer Care at (800) 848-9136…..”
On May 7, 2012, a letter addressed to Mr. James Osborn was received from JP Morgan Chase/Ronicia Lewis, Chase Executive Specialist:
“We received a request on May 04, 2012 and expect to have an answer or status update for you by May 19, 2012 and appreciate the opportunity to respond.”
On May 17, 2012, a letter addressed to Mr. James Osborn was received from JP Morgan Chase/Ronicia Lewis, Chase Executive Specialist:
“We are writing to follow up on your recent request and inform you we need additional research time because we are still pending additional research to resolve you inquiry or request.
We will have an answer or status update for you by June 01, 2012”
Although JP Morgan Chase/Ms. Ronicia Lewis did respond to the Indiana Attorney General’s Office on May 25, 2012, (Indiana Attorney General’s Office forwarded this information to me on June 4, 2012), to date (April 3, 2013) NO response has been provided to Mr. Osborn or to Ms. Christina Osborn directly from JP Morgan Chase, as promised.
In mid-March 2013, I received from JP Morgan Chase two (2) separate TAX YEAR 2012 FORM 1099-A ACQUISITION OR ABANDONMENT OF SECURED PROPERTY (Copy B).
The first form received contains the following information:
• Borrowers Name/Address/ID Number
• Lender’s Information: Federal Home Loan Mortgage Corporation Home Lending/Federal ID Number (52-0904874)
• Summary of Form 1099-A
Box 1. Date of lender’s acquisition or knowledge of abandonment
(See Details)
Box 2. Balance of principal outstanding
$91,817.45
Box 4. Fair market value of property
$67,304.00
Box 5. Was borrower personally liable for repayment of the debt?
(See Details)
Box 6. Description of property
(See Details)
• Details of Form 1099-A
Account Number Acct Description
0633276902
MORTGAGE
Box #1 Date of lender acquisition
02/07/2012
Box #2 Balance of principal out.
$91,817.45
Box #4 Fair mkt val. of property
$67,304.00
Other Boxes
#5 Was borrower personally liable for repayment of the debt?
Yes
#6 Description of property
210 E BEECHWOOD L INDIANPOL IN 46227
The second form received a couple of days later contains the following information (Corrected as of 01/30/2013):
• Borrowers Name/Address/ID Number
• Lender’s Information: Federal Home Loan Mortgage Corporation Home Lending/Federal ID Number (52-0904874)
• Summary of Form 1099-A
Box 1. Date of lender’s acquisition or knowledge of abandonment
(See Details)
Box 2. Balance of principal outstanding
$91,817.45
Box 4. Fair market value of property
$175,204.00
Box 5. Was borrower personally liable for repayment of the debt?
(See Details)
Box 6. Description of property
(See Details)
• Details of Form 1099-A
Account Number Acct Description
0633276902
MORTGAGE
Box #1 Date of lender acquisition
02/07/2012
Box #2 Balance of principal out.
$91,817.45
Box #4 Fair mkt val. of property
$175,204.00
Other Boxes
#5 Was borrower personally liable for repayment of the debt?
Yes
#6 Description of property
210 E BEECHWOOD L INDIANPOL IN 46227
Per the Indiana Property Record Card Marion County Assessor as of 2013:
• Land:
Homestead –C1 $28,100
Residential-C2 0
Non-Residential-C3 0
Total Land $28,100
• Improvements:
Homestead-C1 $95,500
Residential-C2 0
Non-Residential-C3 $100
Total Imp $95,600
• Total Assessed Value: $123,700
Per www.Zillow.com:
• Sold-Foreclosure to Lender/Sheriff Sale $67,307.00
• Bertram Realty * 4/25/2012 $124,900.00
• Original/First Listing 5/25/2012 $124,900.00
• Selling Price lowered 6/25/2012 $119,900.00
• Pending Sale 9/11/2012
• Listing Removed 9/29/2012
• Property Sold 10/8/2012 $114,900.00
• Mortgage/New Buyer** 10/8/2012 $124,917.00
*Bertram Realty same as Taylor Penrod Realty (Brenda Bertram-Taylor)
** Bradley J. Lockard
My question to the above listed information (1099-A, Assessed Value, Listing/Selling Price) is – IF the Assessed Value of the property per Marion County Assessor is $123,700, the Listing Price of property is $124,900 (I assume that an Appraisal of the property was completed) and later lowered to $119,900, and the property was Sold for $114,900, from where, and based on what information is JP Morgan Chase and Freddie Mac now claiming the property’s FAIR MARKET VALUE to be $175,204.00? IF the FAIR MARKET PRICE is $175,204.00 as JP Morgan Chase and Freddie Mac claims, WHY was the property listed and sold for $50,000-$60,000 LESS, especially considering the property sold in approximately 3 months (or less)?
I do have additional information and evidence of other laws that have been violated, other mistakes that have been made, but I have decided to not disclose them, at this time. I will wait and see if the persons who committed them correct them or not.
In regards to the National Settlement reached with Attorney Generals from across the United States, to be distributed to foreclosed homeowners, I was informed by the Indiana Attorney General’s Office on June 14, 2012, that due to my filing ‘a consumer complaint alleging robo-signing or a similar loan servicing practice and your servicer is participating in this settlement. You do not need to contact my office to be eligible for relief under the settlement.” As I had not received any notification concerning this Settlement, I contacted the National Mortgage Settlement Administrator on April 3, 2013. After a thorough search of the database, I was informed that JP Morgan Chase had not reported the Illegal Foreclosure on my home! I have submitted another complaint with the Indiana Attorney General’s Office (April 3, 2013) to inquire from JP Morgan Chase why they did not include this Illegal Foreclosure in the Settlement.
Is it any wonder that JP Morgan Chase has been sued and been ordered to pay BILLIONS of dollars for all the laws that they have violated? And yet, there are still those that are allowing JP Morgan Chase and others to continue to devastate peoples’ lives from one end of the U.S. to the other and to this day, NOT 1 person has gone to jail!!!
THE TRUTH ALWAYS COMES TO LIGHT!
DISCLAIMER: This document is not to be considered Final. As additional evidence and facts are discovered, they will be included in this document at that time.
***UPDATE April 10, 2013
Recently, I made calls to Freddie Mac requesting information on this Illegal Foreclosure:
December 6, 2012 @ 12:37
December 6, 2012 @ 12:43
January 22, 2013
I made another call to Freddie Mac on March 20, 2013, leaving a message requesting someone at Freddie Mac to return my call, as I was going ‘public with this Illegal Foreclosure and that ‘shit was going to hit the fan’. I received two (2) calls on March 21, 2013 @ 4:41 pm. The caller did not identify himself/herself or leave a message. I received one call on March 21, 2013 @ 4:45 pm. The caller did not identify himself/herself or leave a message. I received two (2) calls on March 22, 2013 @ 9:54 am. The caller identified himself as William from Freddie Mac and that I could call him at 800-343-3373 option 2. I received a call on March 22, 2013 @ 5:37 pm. The caller identified himself as ‘William from Freddie Mac’. During this 30.23-minute conversation with William, I once again questioned how this Illegal Foreclosure was allowed to proceed, when everyone involved was aware at the very minimum:
• The loan was NOT in default UNTIL the Borrower was instructed by Washington Mutual employees to NOT make any payments for 3 months in order to receive the DUE DATE CHANGE that the Borrower had requested.
• The Affidavit had been Robo-signed.
• JP Morgan Chase did NOT have a Mortgage Assignment from Washington Mutual or the FDIC recorded.
• The Loan Modification dated 2008 had never been recorded.
• The Loan Modification dated 2008 appears to also be Robo-Signed.
I also questioned William concerning Freddie Mac purchasing the home @ Sheriff Sale for $67,304 and then selling it for $114,900 and who received the difference? It was at this point that William stated, “Freddie Mac always owed this loan”
William stated that he would send me an email, and that I was to ‘reply’ to this message. William requested that I scan and attach any documents supporting my claims and forward them to him. Due to another family emergency, the documents were not sent to Freddie Mac until April 9, 2013. I did not forward to Freddie Mac any of the Court documents, since the attorney for JP Morgan Chase Bank is the well-known ‘Foreclosure Mill’, aka, Feilwell & Hannoy and is also the attorney for Freddie Mac. If they need any of these documents their own attorney would have them. Nor did I see the need to forward any of the documents that JP Morgan Chase sent to the Indiana Attorney General’s office, as Freddie Mac could obtain these documents directly from JP Morgan Chase Bank, since they seem to be ‘partners’ in this Illegal Foreclosure. The only document I sent to Freddie Mac is this one, minus this UPDATE information.
On April 10, 2013 @ 12:20 pm I received a call from Emily at Freddie Mac. At the beginning of the call, she stated that Freddie Mac had received an email from me. I told her that I was instructed to send it. When she asked me who I had talked to, I told her I would have to call her back or she could call me back, as I would need to listen to the Voicemail again to get the name of the Freddie Mac employee that had called me on March 22, 2013. Hearing another voice in the background, Emily then proceeded to tell me ‘she didn’t need to know who at Freddie Mac called me because my case has been closed’!!
Freddie Mac may think this case has been closed. JP Morgan Chase Bank may think this case has been closed. Feiwell & Hannoy may think this case has been closed. Judge Thomas Carroll may think that this case has been closed. Jason Wischmeyer may think that this case has been closed.
AS FAR AS I AM CONCERNED, THIS CASE WILL NEVER BE CLOSED UNTIL THE DAY ARRIVES THAT EVERYONE INVOLVED AND RESPONSIBLE FOR THIS ILLEGAL FORECLOSURE AND SALE HAS BEEN HELD ACCOUNTABLE FOR THE LIVES THAT THEY HAVE DESTROYED AND THE SUFFERING THEY HAVE CAUSED…I WILL NEVER GO AWAY…THAT IS A PROMISE!
***UPDATE April 11, 2013:
As Freddie Mac was unwilling to answer my questions over the telephone on April 10, 2013, on April 11, 2013 I sent an email to Freddie Mac, addressed to ‘William’ to inquire about the ‘Fair Market Value’ of the property as reported to the IRS. A portion of the email is copied here:
There is a question concerning the FORM 1099-A ACQUISITION OR ABANDONMENT OF SECURED PROPERTY that Freddie Mac and JP Morgan Chase filed with the IRS. I was advised by the IRS to contact Freddie Mac for the answers that I need. The answer I am seeking concerns the Fair Market Value (FMV) of Property as reported by Freddie Mac and JP Morgan Chase to the IRS for my property. The first 1099-A I received in the mail states the FMV as $67,304.00 (which is the amount that Freddie Mac paid JP Morgan Chase at Sheriff Sale for the property on 2/7/2012). The following day, I received another 1099-A (Corrected as of 01/30/2013) that states the FMV as $175,204.00. I am requesting where this amount was obtained? The property was never valued at this amount, not by the Marion County Tax Assessor, or by the Realtor who listed and illegally sold my home. The different amounts this property has been valued/assessed are listed in the 16 page document that I sent to you on April 9, 2013. Please respond in writing as to how Freddie Mac and JP Morgan Chase arrived at this FMV amount. According to the IRS, the Gross Foreclosure Bid Price is considered to be the FMV. My other question concerns the ‘BALANCE OF PRINCIPAL OUT. listed on the 1099-A, which is stated as $91,817.45. Where was this amount obtained?
***UPDATE April 11, 2013:
Always knowing that my home had been Illegally Foreclosed, and I trusted that the U.S. Constitution would be followed and I would be given my ‘right to due process of law’ to prove my case in a Court of law (which was denied by the Court) I paid to have the following repairs made to my property. These repairs were made during the year time frame that JP Morgan Chase failed to ‘ESTABLISH DILIGENCE IN BRINGING THEIR MOTION FOR RELIEF’. The repairs made to the property are as follows:
• April 13, 2011 Repair Electrical/Light $192.95
• June 28, 2011 Install a new hot water heater $800.00
• Nov. 25, 2011 Install new gas furnace $2000.00
• Dec. 11, 2011 Install new breaker box/Update service $650.00
***UPDATE April 16, 2013:
Below is the entire email message that was sent to Freddie Mac on April 11, 2013:
From: Christina Osborn
To: FMBH
Date: 04/11/2013 12:19 PM
Subject: RE: 210 east Beachwood Lane Indianapolis IN ZipCode 46227
________________________________________
William,
When you returned my call on March 22, 2013, you stated to me that I should send to you all the documentation that I possess concerning this Illegal Foreclosure. I sent a 16 page document to you on April 9, 2013. I did not include any of the official Court documents, as the same well known ‘Foreclosure Mill’ attorney for JP Morgan Chase is ALSO the same attorney on record for Freddie Mac. Your attorney should have access to all the documents filed with the Court, including the Robo-signed Affidavit. Concerning the documents that JP Morgan Chase Bank sent to the Indiana Attorney General’s Office, Freddie Mac should be able to obtain those from either JP Morgan Chase Bank or the Indiana Attorney General.
On April 10, 2013 (12:20 pm) I received a phone call from Freddie Mac (Emily). She wanted to know who at Freddie Mac requested the information that I sent in the email on April 9, 2013. As I did not have my notes in front of me, and I needed to listen to the voicemail that you left to get your name and extension number, I told Emily that I could call her back with your name, or she could call me back in a few minutes, after I retrieved this information from the voicemail. While waiting for a response from Emily, as to what I should do, someone was heard in the background speaking to Emily. When Emily came back on the line she stated, she didn’t need to know who at Freddie Mac called me because my case has been closed. I am positive that Freddie Mac and JP Morgan Chase consider this Illegal Foreclosure case closed, but as far as I am concerned that is NEVER going to happen!
There is a question concerning the FORM 1099-A ACQUISITION OR ABANDONMENT OF SECURED PROPERTY that Freddie Mac and JP Morgan Chase filed with the IRS. I was advised by the IRS to contact Freddie Mac for the answers that I need. The answer I am seeking concerns the Fair Market Value (FMV) of Property as reported by Freddie Mac and JP Morgan Chase to the IRS for my property. The first 1099-A I received in the mail states the FMV as $67,304.00 (which is the amount that Freddie Mac paid JP Morgan Chase at Sheriff Sale for the property on 2/7/2012). The following day, I received another 1099-A (Corrected as of 01/30/2013) that states the FMV as $175,204.00. I am requesting where this amount was obtained? The property was never valued at this amount, not by the Marion County Tax Assessor, or by the Realtor who listed and illegally sold my home. The different amounts this property has been valued/assessed are listed in the 16 page document that I sent to you on April 9, 2013. Please respond in writing as to how Freddie Mac and JP Morgan Chase arrived at this FMV amount. According to the IRS, the Gross Foreclosure Bid Price is considered to be the FMV. My other question concerns the ‘BALANCE OF PRINCIPAL OUT. listed on the 1099-A, which is stated as $91,817.45. Where was this amount obtained?
***UPDATE April 16, 2013:
In response to the email sent to Freddie Mac on April 11, 2013, listed in full above, I received the following email from Freddie Mac:
FMBH (fmbh@freddiemac.com)
4/16/13
To: Christina Osborn
Greetings,
Thank you for contacting Freddie Mac. Your inquiry is very important to us.
We have attempted to reach out to you on both numbers you provided. If you are still in need of assistance, please contact us by dialing 1-800-373-3343 option #2.
***UPDATE April 16, 2013:
In response to the above listed email received from Freddie Mac, I responded with the following email to Freddie Mac:
From: Christina Osborn
To: FMBH
Date: 04/16/2013 04:03 PM
Subject: RE: 210 east Beachwood Lane Indianapolis IN ZipCode 46227
Actions
Christina Osborn (caosborndesign@hotmail.com)
4/16/13
To: FMBH
I don’t know when exactly you tried to contact me, as my number has received no calls from Freddie Mac since April 10, 2013. I will call the number attached to this email (1-800-373-3343 option #2)
***UPDATE April 16, 2013:
In response to the above listed email I received from Freddie Mac, I called the 800 number provided. I spoke with ‘Ricardo’. Ricardo informed me that ‘William’ was on another line, and he had sent William an email to contact me.
***UPDATE April 22, 2013:
Instead of receiving a phone call from William @ Freddie Mac, I received the following email on April 22, 2013:
FMBH (fmbh@freddiemac.com)
10:29 AM
To: Christina Osborn
Greetings,
Thank you for contacting Freddie Mac. Your inquiry is very important to us.
Our records indicate that Freddie Mac is no longer the investor of the loan for the property located at 210 E Beechwood Lane.
If you have any additional questions, please contact our Consumer Support Team at (800)FREDDIE and press Option #2 to be connected to a representative for further assistance.
Freddie Mac
Customer Support
***UPDATE April 25, 2013:
In response to the new complaint filed with the Indiana Attorney General’s Office (April 3, 2013), I received a call from JP Morgan Chase today (Mozella Taylor @ 800-848-9136). Once again, JP Morgan Chase will only research/give an answer to my complaint IF I provide a copy of husband’s Death Certificate to PROVE that he is dead! JP Morgan Chase and Freddie Mac did NOT have to PROVE that they were the ‘successor in interest’ to enter a Court of LAW to Illegally Foreclose and STEAL my home of 20 years, yet I have to PROVE that my husband is dead, that I am the ‘successor in interest’ to my home of 20 years, in order to get any information from them?
***UPDATE April 25, 2013:
On the Bankruptcy paperwork filed with the Court, the JP Morgan Chase Mortgage account number is listed as: 156063327.
This account number also appears on a Credit Report that Mr. Osborn personally ran and printed out on 12/31/2009.
However, on every other document that JP Morgan Chase submitted has the Mortgage account number listed as: 0633276902. This account number was the Washington Mutual Bank Mortgage account number.
1. On what date did JP Morgan Chase create the account #156063327?
• At some point, Mr. Osborn had to have received a statement from JP Morgan Chase with this account number listed, he didn’t just make it up. JP Morgan Chase also reported it as the account number for the Mortgage with the Credit Reporting agencies as of 12/31/2009 (the date of credit report).
• If JP Morgan Chase was the ‘successor in interest’ to this Mortgage as they claim, where is the Mortgage Assignment from either Washington Mutual or the FDIC (WaMu loans were placed in Receivership with the FDIC)? Where is ANY documentation for that matter, PROVING that JP Morgan Chase was the ‘successor in interest’?
• If JP Morgan Chase was the ‘successor in interest’ to this Mortgage as they claim, and they had created this new Mortgage account number (156063327), why was it not used on any of the documents in this Illegal Foreclosure?
• Where are the statements, transaction history, etc on this JP Morgan Chase account number (156063327)?
2. On what date did JP Morgan Chase stop using the account #156063327?
• WHY did JP Morgan Chase stop using this account number (156063327)?
• What documents did JP Morgan Chase submit to the Bankruptcy Court to PROVE that they were the ‘successor in interest’ to Washington Mutual?
• What documents did JP Morgan Chase submit to Marion County Superior Court 6, Judge Thomas Carroll, to PROVE that they were the ‘successor in interest’ to Washington Mutual?
• Other than a STATEMENT made by Feilwell & Hannoy on behalf of JP Morgan Chase that JP Morgan Chase was the ‘successor in interest’ to Washington Mutual, NO documents have been submitted and placed in the Court files in this Illegal Foreclosure to support or prove this claim. When and where did JP Morgan Chase PROVE THEY ARE A BONA FIDE HOLDER FOR VALUE?
Mortgage Forgery|The Pain of Fighting a Crime 
This story is being shared from Denise Richardson’s website http://www.givemebackmycredit.com, consumer advocate and Author. To read all the comments and updates to the story click here. http://www.givemebackmycredit.com/blog/2013/06/daughter-fights-wrongful-foreclosure-while-mom-fights-cancer.html#comments
Otherwise I have copied the story only for this post..
Daughter Fights Wrongful Foreclosure, while Mom Fights Cancer
My name is Alisa and I live in Mississippi. I am about to tell you a story about two hard working, honest and patriotic Americans who should have never suffered the immoral, deceptive and unconscionable behavior of their mortgage servicers. They are my Parents, both in their 70’s, retired and my Mother is battling lung and liver cancer.
My Parents did not borrow more money than they could repay nor are they out to shirk their obligation to repay their mortgage. In fact, they hold a considerable amount of equity in their property and are current on their payments. They would however like to emerge from a nightmare that they did not create, don’t deserve and should never happen in this Country.
The events began in 2009 with a solicitation, in the form of an offer of a loan modification from their mortgage servicer, who at the time was Litton Loan. The servicer made the modification look very attractive to my retired Parents, touting the benefits of a lower monthly payment and reduced interest rate. They would begin the qualification process, and so would the servicer’s scheme to possess my Parents home.
The first leg of the scheme involved putting them on trial lowered payments. It was a significant savings as their payments dropped approximately $600 a month. Then the endless hours of faxing and/or mailing required documentation followed. It was a repetitive endeavor as the servicer continually asserted (as it was to many borrowers) as they claimed they never received the paper work or the documentation supplied was incomplete or inadequate.
Then the misapplication of payments would begin by the servicer. My Mother was quick to catch on to this ploy and began phoning in her payments because she could get an immediate confirmation number as proof the payment was made and in a timely manner. Approximately one year from the time the trial payments began my Parents received a certified letter from the servicer that stated that they had not qualified for the HAMP modification and enclosed was an invoice for more than $10,000 which they claim was the difference between their regular monthly installments and the lowered trial payments plus late fees and other fees that had been heaped on. They were given a short period of time to send the funds as the servicer already considered them in default and if it wasn’t paid, the foreclosure process would commence.
This was devastating to my Parents and their sleepless nights and arguments between them began. Out of desperation they sought out a remedy to save their home. It was humiliating and totally against their character but they opted to take the advise given them and turned to Bankruptcy! However, 10 months into the bankruptcy their payments being made to the court had now escalated to over $2000 per month and although they had made all the payments required, directly to the Court, the bankruptcy was dismissed. The final disbursement of funds to the servicer totaled over $15,000 and the bank, still wanted more.
Now, the protection of the Court was no more and the fight to find a proper loan accounting continued.
Shortly after the bankruptcy had been dismissed, Litton Loan sold to Ocwen Loan Servicing, LLC. My Parents had hopes that this would be a new start and hoped for peace. But no peace would come as this servicer picked up where the other left off.
The first letter of default came within weeks from Ocwen and the process would now start all over. The constant documents required, payments not being posted in a timely manner, if at all, as some payments would find themselves unaccounted for, moved to a suspense account. Mother continued to document her activities and payments to such a degree that they could not deny they were being made, so their next scheme was put into play. Escrow!
Despite the fact that my Parents had for 20 years paid their insurance and property taxes themselves without a required escrow, Ocwen decided to take that benefit away and forced an escrow. For months Mother spent time trying to convince them she wanted no part of the escrow and continued to make the payments, less the escrow. By this time, the stress of years of dealing with this situation took its toll and in January 2012 she was diagnosed with lung cancer but despite treatment, January 2013 testing showed it had spread to her liver. Her second round of treatment and new fight began immediately upon her second diagnosis.
I had only recently learned of their situation and vowed to tend to this matter as Mother certainly could no longer do so and it wasn’t long before I realized the complete and total hell that my Parents had endured for years now.
I spent the first few months repeating the same question. How is it possible that innocent families can have their homes ripped away from them, here in America? And so, my long research journey began to find answers.
The more information I learned about this mortgage servicer, the angrier I became, and my letter campaign began. Since my Mother had previously made contact with our State Attorney Generals Office who told her to simply pay her mortgage, it was obvious revisiting that avenue was futile, they either didn’t understand or didn’t want to.
I wrote to Senators, Congressmen, government agencies, journalists and Attorneys all to no avail. Not one of them acknowledged my pleas. Finally, two replies came, one from my district representative to inform me that they didn’t get involved in judicial matters and the last from one of our State Senators stating the same reason. I was once again sick to my stomach. I would fail my dying Mother as no one cared that their home was being stolen from them. Out of desperation I made one last call to a former classmate and she put me in touch with an Attorney that surely could stop this as she too was asking how this could happen?
Long story short, a modification was signed by my Father. It wasn’t a HAMP Modification but an in house Modification with Ocwen, which is what they intended to happen. This modification was so one sided it was ridiculous but by this time my Parents choices were slim and Mother was in no shape to be put out of her home. She was now fully involved in Chemo and radiation therapy; fighting to save her life.
Although the modification had been signed, Ocwen never acknowledged it as the default letters continued; payments continued to be returned to us and although I continued to send each and every one back to Ocwen the road to foreclosure was quickly approaching as Ocwen clearly had my Parents on a dual track to foreclosure. I pushed the Attorney for resolution and a settlement was proposed by Ocwen.
The proposed Settlement was stunning.
It was riddled with paragraph after paragraph of considerations for Ocwen but no consideration for my Parents. It effectively had my Parents signing away every right to know what their mortgage balance was, or how Ocwen arrived at the number. They had to sign away their rights to dispute any inaccuracies, miscalculations or how they applied any payments, now and forever. The proposed settlement required my parents sign away their right to ever question Ocwen on anything they would later discover and not agree with.
Each and every paragraph contained waivers for my Parents to sign away their legal rights to hold them accountable. They were effectively asking them to waive all rights pertaining to the accounting or handling of their mortgage. If signed, my parents were agreeing to pay them whatever they demanded and pay taxes on whatever amount Ocwen freely and without explanation, determined they wanted to insert into a 1099 form. They were in charge of all calculations, and expect my Parents to simply trust they will be accurate.
Ocwen did offer to attempt to correct their erroneous credit reporting, however, claimed it would be my Parents responsibility to ensure the credit bureaus complied, noting they can’t control the credit bureaus
There was no accurate accounting for my Parents continued payments, nor the $15,000+ dollars in bankruptcy funds they additionally paid Ocwen through the Court, nor was there an updated payment history with balance calculations, attached to their proposed settlement. In the past my Parents received monthly statements (incorrect statements) but they have not received a statement from Ocwen on their account since October 2012 (this is now June 2013).
The correspondence we sent to Ocwen, in an effort to resolve the many accounting errors, continue to go unanswered. Remember the Modification they never acknowledged? They managed to tack another $19,000 worth of capitalization onto that modification, and without benefit of any explanation of what made up this figure. Ocwen wanted my Parents to sign this document, even though it still contained Ocwen’s erroneous calculations that falsely noted that two payments were still in default, when they were not.
We provided the proof of payment; showing an Ocwen representative signed in receipt of these payments. This looked like a complete disaster waiting to happen for my Parents, and a clear path to them losing their home. Needless to say, they didn’t feel safe signing an agreement that was riddled with miscalculations and falsehoods. They rejected the notion of signing it, and we once again, forwarded the receipts showing all payments have been paid, proving they are not in default, and asked them to review their troubled accounting methods, and provide us with an updated payment history schedule.
All along, my Parents have only wanted Ocwen to correct their accounting flaws and clean up their their erroneous credit reporting. Isn’t that something any reasonable mortgage servicing agent would accept as their basic obligation when meeting their duty to account for any borrower’s payments?
My parents would have signed any fair settlement proposal that included an accurate accounting of their payments, but what they received was a document that removed every protection a homeowner is entitled to in order to properly defend and protect their rights and home from this very type of predatory behavior. Instead they were asked to sign a one sided, open ended document that left a full range of abuses at the disposal of this servicer.
We are now in search of an Attorney that will help protect my parents and their home from any further threats of a wrongful foreclosure. Someone who understands the magnitude of these ongoing schemes and has the fortitude to hold Ocwen accountable for their mishandling of this mortgage and what appears to be their inability to correct their own accounting errors, before they too, have their home stolen out from underneath them.
The State of Mississippi is a non judicial foreclosure state with no homeowner bill of rights. In other words, the foreclosing party does not have to prove they have the right to foreclosure and the homeowner has limited avenues to protect and retain their property from these predators. The process generally takes 90 days with a sale publication for 30 days. After that the homeowner’s property is sold on the courthouse steps to the highest bidder. There is no redemption period for the homeowner.
The days of closing a contract with a handshake are gone along with the character standings of these establishments. Despite the $25 billion settlement that Banks were forced to pay to settle abusive and fraudulent mortgage servicing allegations, it appears as though they continue to operate how they see fit, whether they are violating the terms of a government ordered settlement, or the rights of innocent homeowners, they seem undeterred in their quest to take homes, and the equity in them, by any means necessary, regardless if they have any right or not! Hence the need for a Homeowners Bill of Rights in any non judicial state to allow homeowners the right to save their home from any unlawfully foreclosing party, and forcing them to prove that they have a right to foreclose.
So here are my Parents, tired, worn down, sick, fighting for life with no one coming to their rescue.
These are the facts: My Parents are not behind on their payments and haven’t been since the inception of this nightmare yet they face foreclosure. Why does it look like the watchers are not really watching? Oh they pretend to be watching. Some in the media will tell you that this misconduct isn’t happening at all, when clearly it is, and that’s apparently because the Banks only had their hand slapped. The truth of the matter is the American taxpayers have bailed out these “too big to fail” banks and this is how they repay the American Citizens. They steal their homes by way of these servicers lying, cheating and stealing practices.
I don’t know how this story will end as it continues to be written. As with most of life’s challenges I am not privy to the grand plan. I do hope however that every reader of my Parents story scream their injustice because the chances of it happening to someone you love is great. Great because those we vote into office seem to turn and look the other way, those that are in a position to give voice to these practices don’t and the cries of the American families being displaced and losing the American dream continues to fall on deaf ears.
I no longer recognize my Country. It was once a place where deals were struck with a handshake and the character of its people were strong. These illegal and immoral practices will not change within the political world but can be changed with the voices of Americans. It is often said that one voice alone will go unheard but the voices of many affect change.