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Annasach

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  1. The attorney that represented me said she was going to adopt a "sorry, we don't have anything for you" and throw the ball back in their court. She said pretty much everything you said Kunner. She did say that if they got pissy they could file something about unjust enrichment, but she thought that would be a long shot as she thinks they'd be too embarrassed by their screw up to take it any further. Not to mention the ballsed up trail of paperwork that proceeded the discharge itself. We went over everything that was done at the time, and I've definitely got several layers of protection. They're just going to have to eat crow I guess. Thanks for the responses everyone. It was a rough weekend, but I'm definitely feeling a heck of a lot calmer!
  2. OK thanks. I haven't been able to find much online. It's just so freaky, especially coming out of the blue years later. Ugh. I hate these banks.
  3. This was in Massachusetts, and I'm in New Hampshire now.
  4. Creditboards was my lifeline back in 2007-08 when I filed my Ch 7, so I'm back to hopefully get some help. This is the weirdest situation ever, so buckle in. I bought a house in 1999 & refi'd in 2004 with Bank A. In 2005 my business went bust and I struggled for two years to save the house, but ultimately ended up fling for BK in 2007. It was discharged in 2008. Bank B (as servicer) filed a petition with the Trustee and it was granted that they could proceed with foreclosure. I did not reaffirm the 1st or the 2nd mtgs. I moved out of state and left the house to the foreclosure gods and Bank B. Somewhere in all this the 2nd mortgage holder filed a satisfaction of mortgage and released that lien. Fast forward to robo-signing scandal and I find out that Bank A had gone bankrupt, and Bank B had filed an assignment to themselves, 2 years after my BK. I hired an attorney and filed a lawsuit for fraud, which was proceeding well, until Bank B filed for BK and all lawsuits against them, nationwide, went the way of the dodo bird. Bank B proceeded to assign the mtg to Deutsche, serviced by Ocwen. I gave up, and did my best to ignore the now crumbling wreck of a house that was still in my name but that I could do nothing with or about. I got regular calls from old neighbors about coyotes sunning their pups in the front yard, the lack of yard care and even a tree that was growing out of the foundation. I couldn't do anything about it, so as I said, I ignored it. 4 more years go by, it's now 2014, and the house has never been foreclosed on. Out of the blue I get a few emails from realtors asking if I'm interested in selling the house. I say, sorry I can't do anything - discharged in BK, bank has to foreclose, blah blah. I'm venting to a friend about it and next thing I know she's looking up the records online and lo and behold, there's a discharge recorded releasing the lien. Deutsche walked away from the property apparently. I called my BK attorney and he tells me I'm way past the BK court having any interest. I call an attorney and a title examiner and hire both to investigate. Both come back and say title is clear. I call a realtor and she tells me she's been seeing this happen. Properties too ruined from sitting empty too long and the banks are quietly offloading them. Usually the original owner is never told and the property gets sold at a tax auction. I say - then let's sell and get this thing off my plate. It's been 7 years for goodness sake and the property is no longer worth nearly what it could have been because of damage. The house had black mold, trees growing out of it and a coyote infestation. Another attorney and another title examiner are hired, they give the all clear and I sell the property. I made sure to claim it on my tax return the following year, too. It was a very unexpected windfall, and a welcome one, but I did my due diligence and did everything by the books. I'd even talked to people that had similar experiences, so I knew I wasn't the only one. It's been almost two years. The person I sold to has torn the house down, rebuilt, and sold it to someone else. The attorney that represented me for the sale just contacted me to forward an email from another attorney representing Deutsche. They are claiming the discharge was filed in error and want copies of all the closing docs, including the HUD statement, because I took advantage of something I shouldn't have. What the absolute H*LL? I have no idea what I'm supposed to do. They screw up and now 2 years later they can go "oops!" and it's somehow my fault? Can they come after me? On what basis? Do they have the right to demand the closing docs? Remember, my obligation was discharged in my BK in 2008, and they, Deutsche, filed a release of the lien in the county records 6 years later clearing the title. I have a call in to an attorney, but it's the weekend and I am so upset. Any advice, knowledge, anything - please help.
  5. Lou, they can't let the foreclosure finish if they can't show they have the legal right to foreclose. If they do foreclose, and sell the house, there is a very good chance that the sale could be voided, and the title to the property clouded. Clear Title May Not Derive From A Fraud. A quick search of American Home Mortgage Servicing on google comes up with a whole bunch of lawsuits against them for foreclosure fraud, and even an appearance on 60 Minutes about it. You can find the text of their responses to the 60 Minutes investigation on scribd, and the episode aired in April this year. One of the attorneys who represented in the Ibanez case has a great explanation of the problem at: foreclosuregate.prosepoint.com/story/mortgage-securitization-process. AMHSI and many of the other big banks know this is much bigger, and uglier, than simple people like you and me can easily get a grip on. You're doing what you can, which is staying put. Save as much $ as you can while you can live there rent free and, who knows?
  6. Well Lou that's where it gets really interesting and why we are hiring counsel this week. So far the information seems mixed. Some courts are throwing out the foreclosures, and requests for relief from stay in BK courts, since the bank claiming ownership of the note could not prove it satisfactorily. Some are literally telling homeowners "tough noogies" as is happening up here in NH BK court (there are videos posted on youtube investigating it). Judges in CA and FL have had a lot to say on it recently, as well as in Kansas and Missouri I think. There is the recent Mass Supreme Court ruling on the Ibanez case in Jan. 2011 that has more judges looking A LOT more closely, and realizing "Oh no!" Also heard this week was this: "The Massachusetts Supreme Judicial Court heard arguments today in the case of Bevilacqua v. Rodriguez on whether a home buyer can rightfully own a property if the bank that sold it to him didn’t have the right to foreclose on the original owner, after the U.S. Bank v. Ibanez landmark ruling in January." To sum up, I don't think anyone really knows wth is going to happen if notes can't be produced. DH and I have been reading about this nonstop for the last week and finally had to map out all the different pieces we could put together. The biggest problem is that servicing rights were bifurcated from the actual note. The notes were packaged and sold to investers in pooling and servicig agreements. Those were badly done, sometimes (frequently) never specifically listing specific notes. The physical paperwork was NOT sent along with proper transfers. Then you have the servicing itself of the mortgages, which were also bundled and sold to banks. Again without legal transfer recorded. Does the servicer have the right to foreclose if they don't own the note? The servicers' solution was to forge literally thousands of fake assignments saying yes they did, along with fake affidavits saying they owned the right to foreclose. That seems to be where the robosigners came in, i.e. Joe Dummy signed as representative of 15 different banks on thousands of docs a day. It's a mess, and it's so new very little has been established. Find a very, very, very good real estate lawyer. That's what we are doing. Good luck.
  7. The reason they haven't foreclosed is because they probably don't have clear title to the mortgage note, and know it. The affidavits that tiggerlgh referred to have been turning up fraudulent as well, signed by robosigners, created as a last ditch effort to prove ownership and right to foreclose. You should really do some research. I know I recently read about why the opt for the short sale, something to do with getting clean title on the house. Good luck. We're only now discovering what's going on after 4 years of waiting.
  8. We've done more investigation, including calling the town. Taxes have all been paid from an escrow account in my name, so no worries on the tax lien now. After talking to three attorneys it turns out there was something my bankruptcy attorney told me that was completely false. The property owner is RESPONSIBLE FOR THE PROPERTY until the deed transfer takes place, even if surrendered in BK! So, per town and county records, if someone got hurt there I would be the one sued. Yep. Had I known this when I filed, instead of being told I was to have nothing more to do with the property I would have maintained it at a minimum with insurance these last 4 years. And it still gets better: there was a recent ruling in Massachusetts that if a person buys an improperly foreclosed upon house, where the foreclosing bank did not have clear title (i.e. couldn't prove they owned the mtg note) the sale is void. Clear title cannot be granted based upon fraud. So, we're hiring counsel this week. From what we've been reading our situation is only the TIP of the iceberg of the mortgage meltdown. The lack of correct document transfer when mortgages were being pooled and sold, and then these robo signers have very possibly messed up and clouded title on literally hundred of thousands of homes across the U.S. For anyone currently in foreclosure, do your research and find out if the bank foreclosing on you actually OWNS the note. Good luck, and thanks again everyone for your feedback!
  9. Hey everyone. It's been awhile since I've posted. Life has been going pretty well since giving up my house, filing Chapter 7 and moving on. Thank you to everyone on CB for all of your guidance, suggestions and virtual shoulders that I cried on. I'm here to say there is life after, and it does get better! With all that said I'm running in to a situation I haven't seen anywhere, and I am hoping someone can set a light to a path for me. Here is the situation in short: In 2007 I stopped paying on my mortgage and let it default. I knew I was going to file BK and give up the house. I filed a Homestead on the advice of my bk atty, which was recorded at the county in July 2007. We moved out of the house in August 2007. The bank, GMAC, filed a Notice of Foreclosure in Nov. 2007. (more on this in a moment) We moved out, finished the bk paperwork and I filed in March 2008. I included the 1st & 2nd mortgages, and the property taxes on the house, and nothing was contested. In June 2008 the town filed a tax taking on the property. I was granted my Discharge in the Fall of 2008, which relieved me of responsibility on the house. Per my atty, I wasn't allowed to sign anything on the property anymore. Back to GMAC - they realized - oops - that the mortgage docs at the Registry had gotten messed up and somehow they were in 2nd place to our home equity line with Citi. GMAC filed court papers to be reinstated into first lien position. They were finally granted 1st place in April 2009. Remember how the town took back the property in 2008? Yeah well this gets better. In April 2010 New Century Mortgage (my original mortgage who assigned (I thought) to GMAC) filed an..Assignment to GMAC! Then, GMAC once again files a Notice of Foreclosure in August 2010. But wait, there's more! The Assignment that was never originally filed has some serious issues, like dates crossed out from 2009 to 2010, and then with an internet search, the signer is none other than Jeffrey Stephan, a robo-signer who created forged documents for GMAC, who is expected to have falsified over 18,000 foreclosure documents. Oh my gawd. My house that I moved out of in 2007 is still empty. My old neighbors tell me coyotes have moved in to the back yard. I discharged it in my bankruptcy, but it's still in my name per the county registry. I still get included on all documents pertaining to this property as the "owner". No deed of transfer has taken place, by the town or anyone else. Should I be talking to a good lawyer, or just let this fall out how ever it ends up? Thanks for any feedback - we're so lost!
  10. NO, go back under your bridge and relax til tomorrow. It is actually a cardboard box. Under the bridge is considered prime real-estate. party under the bridge tomorrow night! I'll bring the margaritas! Whoohoo!
  11. I feel a little like Horseshack here, "OH!OH!OH!" I have very close friends who own a gym out west, a franchise (not Golds). They have had an awful time, I mean thousands a month missing or badly accounted for, because of the franchises' requirement that they use a specific billing agency. The ledgers the agency provided were always messed up, and made no sense. She had to get a bunch of other franchise holders together and threaten to sue the main corporation to get a change in policy that allowed them to switch to another company for their billing/receiving. They finally did only last year, and suddenly upwards of 6k/mo is appearing in their "collected" fees. Which means my friends finally get to make a living. Turns out the original billing agency was a CA too. My friend was really upset, because she wasn't allowed to have much influence in the calling customers/collecting. It was all automated and had to be done through this approved agency. All she could do was give customers comps, or apologize when they were dragged over the cobblestones for being a day late. Needless to say she's very happy, and her business is doing much better since they were able to choose a reputable company to handle their billing and payment collection. Anna
  12. Used to own a biz doing post-title work for mtg companies, almost 12 years. India + the crash + my stupidity = bk. Now I have a biz buying and selling vintage video games, sci-fi and fantasy stuff. Much more fun. Anna
  13. I keep getting calls from this number as well. They always hang up and they never leave a message. Looking it up it appears to be a Payday loan company, which is weird since I have never ever used a service like that. They are going on ignore. Anna
  14. Bah. I still don't agree with vaccinations for Chicken Pox. It's even worse when government demands you do things to your kids you don't want to. Bah. Anna
  15. Wow. Too many variables. For us, renting is the right thing to do for now. We owned a home. I bought it as a shelter, planned on living there a long time and raising my kids there. Was all set to settle in and hunker down so to speak. My biz and outer family disagreed, and now - no house, filed bk, lost biz yada yada yada. Life threw us lemons, and they were really sour for awhile. Now we're renting, and rebuilding, and finding it ain't so bad. We're still not people who like to move around a lot, so we will buy again. But here's the thing: we have four kids all most likely moving out in the next five years. Oldest is finishing college, next one just moved out, and two more will be 18+ in the next 3-5 years. We're in a perfect house for commuting, rarely have to drive, rent is less than a mtg + property taxes + upkeep, and the size is perfect for a nest beginning to empty. So we decided to save up, and in five years buy the house we'll "hopefully" retire in. Our needs will be so different, we'd rather wait and get something that will have longer applicability to our lives. In my experience the OPs views aren't uncommon, except in the metropolitan cities. Many of the families in my area have owned their properties for 100+ years. Heck, around here you're "new" until your grandkids start attending school. Having grown up in major metro areas, both east and west, I personally prefer more "countrified" living. I do see how it can be a culture shock to go to a city and see the high cost of living though, and I'm glad I'm going the other way. I guess it really boils down to individual circumstances, choices, and comfort, doesn't it? Anna

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