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Everything posted by groze

  1. I woudn't of have posted again but I am really ticked. I can here for help not to get chastised!!! LETS MAKES THIS CLEAR I DON"T WANT THE HOUSE AND I AM NOT KEEPING IT!!! You also implying my mom was nuts as well, which I do not appreciate all!!! She was the one that got the lawyer after hearing on the news about fraudulent foreclosures that how all this started a few years ago. What I am confused about is you don't want banks to follow the law. (Don't bother answering, I won't be back to read it.) Unlike you, I am going to show one last respect & answer the question. An attorney told me being next of kin if the estate wins any money after all expenses then I am entitled to that. Unless the attorney lied to me which is possible. As I said I am going to verify this again in October with an attorney that expect no money. Pro bono attorney, I would go into more detail but you wouldn't believe me. Canada forums understand me without issue & understand what I am going through. One other thing. I AM GETTING HELP WITH MY MOMS DEATH. On the medicaid issue, I don't have full medicaid and I am not on SSI. It complicated on what I do have, my friend ironically happens to be a former medicaid district manager. She knows her stuff. This will be my final & last post here. I will never depend on creditboards again ever. I really don't need this extra stress of dealing with my moms death, my heart issues, moving, somewhat dealing with the house & dealing with people that are downright rude on forums. I really do wish I lived in Canada, there much kinder up there & the help there disabled better. groze logging out for the final time. Mod you may close or get rid of my account after 7 days. Please lock this thread & other threads I have started if you can't delete me totally after 7 days. Thank You.
  2. I couldn't say much she was talking to an attorney & I wasn't lying. The friend was my mom, she was alive at that time. I wanted to respect her & my privacy, and didn't really want to go into detail about my disability at that time. I already talk to a my cardiologist about my health. He said try an apartment before going to nursing home. He thinks I can handle it. Yes, I am talking care of myself, my health, doing laundry, driving, getting groceries & bathing, I have a friend that helping manage money & helping me find lawyers as well. I got a lawyer appointment in October. As I said in another thread, I think I should of paid the house but that is to late now. As I said she was actually talking to an attorney but unfortunately her health got worse & she was able to get the mortgage reduced. The attorney was actually thinking of taking the case, I can't find that attorneys number. She worse then me on record keeping. In that one thread, I am really surprised I got a response from a moderator because when I first came here. Creditboards were helping people delay and challenging foreclosures. If its legal that fine, They can go ahead a foreclose on it. If its illegal, then they owe the estate a lot of money that she paid into & the county can tale the house. Either way, I am still going to an apartment. I know, I should just forget about the house. I want honor my moms wishes that is the main reason I am doing this, the other reason was to delay the foreclose so I could stay here longer but that not an issue now (At least I hope). However, if I had the money I would still do it but have the lawyer do all the work. Rich & upper middle income people are lucky-they can pay to challenge stuff and lose and still have money. If the lawyer says it is not worth it, then I would drop in a heartbeat (Medical humor) & I will forgot about it. No, I am not trying the scam the mortgage company. Like I said above, if it is illegal the estate owed money, otherwise its not--very simple. I may drop it anyway for my health. I am the type that needs to keep busy & my mind occupied so I deal with my moms death. Me talking about my mom on this & other forums helps me. Sometimes my bark is worse then my bite. Yes, I am seeing another doctor about my moms death as well. Once, I move to this other town, I will be looking for help there as well, My bite is worse in email & in forums. I may not post for awhile if the attorney goes ahead with the case.
  3. How do I challenge an estate foreclosure? I am doing a new post with some update info. Even though I am still moving out of town next month (90% chance of signing the lease in Oct 2017), I still want to challenge the mortgage My mothers wishes. I just got a letter from Ocwen address to the estate. The title of the letter [The mortgage loan payment is past due & the property may be referred to foreclosure.] On the back under the right to foreclose, [The noteholder can't find the original promissory note.] Which confirms to me the mortgage brokers that did was a scam. That mortgage brokers has shutdown. As I said in another post, the original mortgage company was also shutdown. So do I have a good case? The balance is 54,209.34 (aprox) What I am hoping for is enough to pay a pro bono lawyer plus enough to pay for small one bedroom house or rent a one bedroom apartment for a few years, Just a side note, the letter also claims they tried to work with the person responsible for the loan. How in the world can you work with a deceased person who is/was insolvent at the time of her death, no estate or no probate was done per lawyer advice? Note, she had no will as well. Thank you for this information
  4. Update. Got rid of most of moms & a lot of my stuff that I don't need. There is an 80% chance that I am going to get an apartment sooner then expected at a good rate. I hope it comes through. I will be moving in the next 2 months if that is the case. The reason I got rid of a lot of stuff is so that I will have room for my stuff and a couple of memorable items from my mother, grandfather and grandmother.. I don't think a landlord would like a packed apartment. This rest of the items will be donated or sold at a moving or rummage sale. Which will be very small because I don't have much left-I may put the items with a friends rummage sale. All my money is in the bank, which is from Social Security.
  5. Incorrect, That is SSI not SSDI. If I was on SSI I would have no choice but to chose a nursing or another type of home. SSDI is the same as Social Security retirement. I get the benefit off of my parent. A lot of people think you can't get Social Security Disability Insurance or Social Security retirement if you move out of the U.S. that is not true. A lot of people live on Social Security(SS) outside of the U.S the only thing that is dropped from SS/SSDI is Medicare part B. Medicare Part A is still somewhat covered provided you retain your U.S. citizen status. On my SSDI, My payment is lower then a normal disabled person would get-However, it is higher then the SSI standard benefit.
  6. Why go all the way to a high crime country like France? Canada has free medical care for everyone also. So does Cuba. Muncie, Indy, Fort Wayne and Lafayette have high rents due to population and in the case of Muncie, FW, and Lafayette they're college towns. Waiting lists for public housing are long especially in Indy. Evansville is very redneck, and unless you want to sleep with a loaded gun under your pillow then don't consider Gary. France is not that bad depending on where you live. As far as those cities in Indiana. I chose it to be close to an I.U. hospital. My cardiologist is from Muncie. I asked him today (9-5-2017) if I should be in an apartment or a nursing home. He said an apartment. He said my heart was serious but people live a long time with that. He really didn't commit on how long I will live. I really like to live in Cleveland, OH. I heard that is one of the best hospitals in the U.S. & has good public transportation..
  7. Kunner, You are not understanding me. Lets put it simple. I take anywhere in the world that has decent medical care & public transportation & help their disabled citizen better (It does have to be a free country though) I don't mind living in the U.S. The reason I am limiting myself to Indiana is because I get Medicaid QMB. Indiana has a higher limit for QMB then other states. It basically pays my medicare premiums, medicare part a hospital deductible & Medicare part B detectible plus co-pay. The only thing it doesn't cover is vision, dental & some feet stuff. Ironically it will pay for weight loss surgery expect for the band. Other states I would only get SLMB or QI coverage. SLMB & QI only pays medicare monthly premiums.
  8. That what kind of ticks me off about some businesses, They will help you in a disaster but won't help in a hardship. I have a family member working to see if they can find me a place to rent without a credit check. I do have some money save up (Note, I still keep it under the resource limit) Here is what I would really like to rent. I have seen on tv, where rich people rent their guest house in there back yard and rent is based on their income. What I am looking for is apartment, double and last resort house for rent without a credit check in Indiana, I want a town that has decent public transportation & decent medical care in Indiana that near an I.U. hospital, Bloomington & Richmond are out for personal reasons. My cites of choice are Muncie, Indy, Layette, Evansville, Ft Wayne. The last two don't have I.U. but they have decent public transportation. I would even consider Gary, IN I could also move to France as well, but that would require giving up a lot of personal stuff that means a lot to me, I don't Speak French. They have medical care & housing for immigrants. I want a place were they treat there disabled better. Unless its a restricted county, I could move anywhere in the world & still get SSDI. I may need extra financial help depending on the exchange rate. I would want a free county of course & has decent medical care. Mod, the preceding paragraph was not meant to be political, I just want a place to live. Depending on what happens on 9-5-2017 at the doctors. I will know how to precede. The foreclosure hasn't started yet. A little of topic question. If Ocwen is being sued by the CFPB, why hasn't the courts order Ccwen to stop all current & new foreclosures? The reason Ocwen is being sued for allegedly do illegal foreclosures. (Mod if this question is not allowed, please remove this paragraph-thank you)
  9. yes..you told me so... Huh? No, I didn't. Ocwen clamming they need someone in authority to talk to. They basically want someone to sue. They don't recognize me as the person despite Indiana law. If I understand the law on default notices. They have to send it to someone who is in charge of the estate, but there is no one in charge the estate according to Ocwen. So, the default.notice is invalid.
  10. Kunner, I just got a message from an attorney. After the default notice, it will take 5 months before I have to be out of here, So, I still have time to get a place. That is a relief. Hopefully, I can delay it even further, Hopefully, I will get a place to live by then. On another note. Told you so. Dose anyone else know this answer? Is a notice of default still valid if there is no one in charge to handle the estate?
  11. Kunner, I also read where people have won as well. Not just a small amount. Yes, its worth my time & it will honor my mom wishes. I do not want to sit around twiddling my thumbs. If something happens to me along the way death or medical issue that require me to stay in a nursing home permanently, I have the pro-bono attorney continue the case and winnings will be donated to a no kill shelter that has low funds minus hes/hers fees. It won't be me donating it, it would be the estate. You also forgot one thing. CFPB & Florida attorney is suing Ocwen for all things illegal foreclosures. I am actually surprised the courts haven't ordered Ocwen to stop all foreclosures that are new or in process till after the case is heard. Technically, the estate could be part of this, under an old foreclosure we had done but was settled. I actually blame Ocwen & the first attorney for giving me bad advice. The Attorney should of told me to pay for house until I got an apartment. Ocwen shouldn't of told me they could forgive mortgages or help a disabled person out. Ocwen for some stupid reason can't get in through there heard. There is no estate, no probate, no successor of interest, no affidavit, no will, no administrator to her estate. They keep asking for someone in charge. Indiana law says the next-of-kin is automatically the administrator but Ocwen doesn't recognize me as one. That fine. They have no one to sue. It will force them to follow Indiana estate law, which will delay it 30 days unless they do something illegal. Ocwen will have to have a hearing to open up the estate. The next-of-kin will be notified of that hearing Indiana law and be offered to be the administrator, I would tell them no, the estate is insolvent but I would like an independent administrator to investigate my claims. Then the next after that done, is a mandatory settlement conference with the mortgage company. The mortgage company or its rep is the only one that has to attend. It a new Indiana law according to local news. The also sent a letter to the estate, saying hud could help. How could hud help prevent an estate foreclosure, when the estate has no one in charge? Is a notice of default still valid if there is no one in charge to handle the estate?
  12. Kuuner, A little off topic post. Just some friendly advice. You don't tell someone who just lost their mother & is poor to enjoy life that just common sense. I lost my purpose in life-my mom. If you are wondering how I am affording the internet, I canceled the tv part of my service. I have internet only.
  13. Thank You. Yes, I have. I don't see that lawyer until Oct 3, 2017 after the pre-foreclosure starts. I don't know if he does this. As I said above, I talked to 2 lawyers & cpa all free consultations by phone or in person. That were I am getting my advice from. When the estate gets that fake pre-foreclosure notice. Do I need to respond to that? or Do I need to wait on Ocwen to open up the estate to select the administrator for the insolvent estate? There suppose to under Indiana law notify the next-of-kin about the estate hearing to choose administrator. I will be offered to be an administrator but I am not going to do, do to my disability but I will ask for an Independent administrator to investigate the predatory mortgage claim my mom wanted me to pursue. Also. during the process trying to get help or a delay. I found out its not owned by Ocwen or even by U.S. bank. U.S. bank is just the trustee who holds the note. They just said the trust is the actual owner. I can't find out who actually owns the trust. They won't tell me. New Century mortgage was closed down for allegedly doing stuff. So, they don't own it. There is at least two ways I could go about it. This is why I came back credit boards. 1st way is challenge the mortgage as illegal (Predatory mortgage). Second way is to prove they didn't transfer the loan properly. All lawyers have said Predatory mortgage is a good foreclosure defense. Which should I do or could I do both? I read something about Hud, maybe I can get hud foreclosure reinstatement to start paying again at the normal $3xx.00 if it won't make me responsible for my moms debt. I am checking into that as well. What kuurner doesn't get. I need time to move & find a place. & I want honor my mom wishes even if I move.
  14. Kuuner, I am sorry but I am not sure I can trust your advice now. I read about predatory mortgages online from bankrate & other reputable sites. I still believe she was a victim of a predatory mortgage and always will. She got a loan, she shouldn't have gotten through a mortgage broker. I do know this as a fact, the mortgage broker was shutdown for getting people loans they couldn't afford. How do I know, my mom was friend with a person who worked there, unfortunately, this friend passed away several years ago. So, you think I should of keep paying on the house till I found the apartment. I would of paid but I took an advice of a local attorney not to do that & let the foreclosure. I can't come up with the money now. This reason I did, is the way I think. I went to the lawyer because of my disability. I think differently. I still can take care of a checking account, take myself, take care of the house. get groceries, do laundry, drive and sign some legal stuff. I am also dealing with my mother death on top of all this. I really hadn't have time to mourn. Yes, I applied for a least 2 place for hud. It takes awhile in most cases to get an apartment & some still require credit checks. I am sure the bank doesn't want a headline mortgage kicks a disabled resident out that. The lawyer, told me I could stay here until its foreclosed on, he claims it would take about a year. In the meantime, I contacted another attorney & he told me ways to several ways challenge it. I just got a response from U.S. bank there just the trustee, they don't own the trust. I contacted them again asking how to find out, who the note owner currently is. I am going to ask for a court appointed attorney at the hearing to appoint an administrator & ask for a delay. Under Indiana law, next of kin is required to be notified of that hearing, they have 30 days to reposed. Another reason he probably didn't mention succession, is that would make me responsible for the loan. The reason for that is then I couldn't get a hud or section 8 apartment ever. I am not going to live much longer anyways with having chronic afib & heart failure. If I have to live in a crappy motel & pay for storage so be it. Its better then being homeless. You need to keep in mind, the house was never reinstated even with the sam modification. I am not on the title. You also forgot the estate is insolvent. She owns no other assets. Any joint were put in my name only or closed down. The house is worth way less then mortgage, so there is going to be a loss there. Another words, they are eventually going to have to write off the debt anyways. Under Indiana law, let say they fix it up & sell it for a profit, which I doubt the will. Guess what as next-of-kin I get the profit minus any legal fees from the foreclosure. I was and still am willing to give them deed in lieu of foreclosure if they give me time to get an hud apartment. I would still live here till I got an hud/section 8 apartment & I would keep the utilities on.
  15. Kuuner. Thank you. Why would Ocwen tell a disabled person on the phone will we work with you and told me not to worry you will be ok-they actually called me? In fact they are the ones that mentioned forgiving the debt or writing it off. If not, the claimed they would help me move. You are incorrect about mortgages forgiving debt in hardship cases. Just do a search on google forgive mortgage debt. There was also mortgage debt forgiveness act. I found out that the originally mortgage was closed for doing stuff illegally. Look at the New Century Mortgage Wikipedia page. My mom's mortgage maybe illegal and/or predatory.. All I am asking is time. They are still going to get the house & loose money eventually. I am still hopping for an apartments by Oct.
  16. DollarDog, I don't know what assets has to do with any of my questions. I didn't write a lengthy post to be told to see a case worker for legal assistance. There is no case worker & never was. I get SSDI not SSI. You are sort of wrong on the SSI assets its complicated to explain-short reason is they allow you time to spend the assets & allow you to keep the house. The only thing SSDI counts is earned income under retirement age, & certain type of pensions All other unearned income is not counted. One exception if your unearned income is over a certain amount, they will charge you a higher Medicare monthly Premium for a year, then it will go back to the normal rate. If you read my post. You would of known, my mom had no assets except the house. The house value is way less then the mortgage including after the sam inhouse modification & she didn't re-instate the debt. I am not on the title. People please stick to answering my question thank you. I am 49 years old. One additional thing, I just found out that Ocwen didn't inform my mom of The Mortgage Forgiveness Debt Relief Act when applying for assistance in 2015-2016. It also been extended to the end of this year(2017) I believe,
  17. I hope you can understand this. This is complicated. This is a long post. My mother died in May 2017. I am writing this because I need some advice on what to do. My mom died without a will. I also have a disability. The house has been discharged under the old bankruptcy law & no refinance was done. Internal sam mortgage modification was done last year(2016). So, I went to a local attorney for a free consultation. He told me not to open up my mothers estate because she was insolvent & had no other assets beside the house. So there is no administrator & no probate hearing was done. The house value is worth less. He told me I could live here tell it is foreclosed on. He said I could open up all mail & letter address to the estate or her, since I am next of kin. One thing he forgot. Is section 8 or hud housing takes up to 18 months & some landlords require credit checks which is causing some issues for me. There is small chance I could get one by October.. I talked to another attorney on the phone, he basically told me everything I could do to delay the foreclosure. He wasn’t pro bono. He said trying sending hardship request to Ocwen asking for a delay because of my disability & heart issues. The courts would see that you tried to do something, even though it may have been denied. I was asking this because of the phone call I got from Ocwen saying they would help me. There the ones that actually brought it up, that could possible forgive the mortgage or write it off, if not they could help me move. According to letters address to the estate, they cannot do it or extend the time of the foreclosure do to contract reasons. They also claim they would add attorney fees to the estate. Which is kind of dumb, they eventually going write off the debt eventually anyway. Let say they fix the place up & for some reason they make a profit. I would be entitled as next of kin to the profit minus there legal fees. This again was according to phone attorney, I would hire a lawyer but I can’t afford one. I did find out that I could get a court appointed attorney at no cost to sue if I wanted to. I am not sure about Federal Court though. Along the process I found out, my mother mortgage may be predatory. New Century Montage was the original mortgagee . I read the wikipedia site. If that wikipedia is accurate and from another site I read. The estate could be entitled to all payments made plus double the interest paid. In Indiana, the bank will have to open up the estate & notify the next of kin about the hearing, That is the law. This is when I will ask to for a court appointed attorney & administrator that is independent from the bank. Can you counter sue at the estate hearing & Should I file a claim then & should I ask for a delay of the foreclosure at that hearing? Should I ask for a hardship delay? The phone attorney said, not to pay them because it would make me responsible for her debt. Should I contact U.S. bank trust department about my predatory mortgage claim before the foreclosure begins? I found out U.S. bank is the trustee to the mortgage. Should I asked them for hardship help? I get Social Security Disability but it is a lot lower then a normal person would get. Since, I get Social Security disability, should I have kept paying Ocwen until I got an apartment, If yes, can I sue the attorney for bad advice because it could cause me to possibly become homeless & possibly die to do my heart issues. I have chronic afib & possible heart failure, Yes, I tried legal aid. I can't get in until after the foreclosure will start & I don't know if he even does this type of claim. I was even willing to give them deed in lieu of foreclosure if they would give me up to 18 months to get an apartment. I would stay here till I found an apartment that I could afford. I think I could live in a hotel room for awhile but that would be costly & use most of my check. I would have to put stuff in storage. I have credit card issues as well, but with the new regulation it prevents the bank from freezing the checking account if protected funds are in the checking account. I am not worried about it. Thank You for any advice in advance.
  18. When I wasn't to smart about credit cards. In 1980's /1990's that you had trailing interest for only cash advances & balance transfers. Purchase never did. I guess things have changed now. To me it seems like a way to get around the double billing cycle that against the Credit Card act.
  19. I understand somewhat trailing interest is, I think it is wrong though. It used to be applied only to Cash Advance & Balance transfers, now it applies to purchases as well. What I am confused on. Why can trailing interest be billed for two additional billing cycles, I thought it would be only one additional cycle? What adds to more confusion, is new purchases won't be charge interest if the previous balance is paid in full. I remember long time ago. I paid a credit balance in full (that had interest) & the next month there was no bill. On some credit cards, they won't let you pay more then the current balance unless you snail mail a check in. I know you should pay off credit cards in full every month but I just wanted some more information on trailing interest. One other interesting question. Does this mean if are you using a interest free card that doesn't accrue interest for a year, you actually only have 10 months to pay it in full instead of 12 months to avoid the trailing interest? (No, I don't have one of those, I am just curious)
  20. Why doesn't wal-mart just stop taking signature based debit cards instead of suing Visa? https://consumerist.com/2016/05/10/walmart-sues-visa-over-security-of-debit-card-authorizations/ If am understanding Visa & MasterCard rules correctly. Merchants have a choice. Here is the option as I understand them. They can take only credit cards that are signature based They can take only debit cards that are signature based They can take only debit cards that have a pin (those cards can still have a Visa or MasterCard logo but transaction will be run through the debit card network) They can take only take cash. Proper signage at the door is required. Of course they can take all or combo of the above.
  21. Sorry for the late reply. Been busy, Actually, you are correct with Chase . The company that doesn't do a hard pull with a cli is capital one via online. It said so on their website. I just got confused.
  22. CLI request doesn't always cause a hard pull. I know that, because I did it with chase. No hard pull.
  23. Not sure where to post this. Please, move to the correct forum if needed. We just recently found out, that are mortgage we got through a mortgage refinance company that may not have been legit and we think some records were destroyed. That place we got the mortgage went out of business and the mortgage has been sold to different banks/servicing companies. However, that mortgage was discharged under the old bankruptcy law. Yes, we are still making payment to the servicing company to stay here. I think the original bank was called either Residential mortgage or New Century Mortgage that sold to Ocwen. Yes, I know about Ocwen issues but they are behaving because the loan is considered discharged even though they never reinstated the mortgage. It still shown at the county record the house is still under her name. From the Attorneys we talk to, that all it matters. It still shows her as the owner. We are thinking the Ocwen may not have the promissory note that she signed. She is thinking of asking Ocwen for the promissory note. I also read on the web. That you can possible get the mortgage waived if it was consider a predatory loan or the mortgage refinance company was not legit. Do we ask Ocwen to investigate that​?, Technically it is not Ocwen fault there just the servicing company. Any ideas on what to do? We are still deciding whether to stay here or not. We have no liability for the mortgage. We have to do something now, money is running out.
  24. I just had my friend contact the Mortage Company they should know. If it is invaild they will find out real quick. He didn't ask if moratge lein is vaild at least not yet.
  25. I am not talking about what company does the mortgage payment. That he knows and that changes a lot. It is called loan servicing. See, the title is in his name only. The lien holder on the title is a bank or credit union that no longer in existence. From our research U.S. Bank took over that bank. I went there to the U.S. Bank and a loan officer and asked him some general questions. I couldn't get full information because my friend wasn't with me. He did say that whenever they take over banks, U.S. bank updates all lien holder information at the county records. He also added, the bank usually don't have 3rd parties continue to do loan servicing-once they take them over. My question, what if there is no valid lien or no valid lien holder and the house has been discharged under the old bankruptcy law and how to find out if there is a valid lien. He knows he could walk without any liability to his house but wants to keep it.

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