Jump to content

Please consider disabling your adblocker for CreditBoards if you have not already done so.  This site depends on advertising revenue to stay online.


Sign in to follow this  

Planning on Challenging NFCU over a Wrongful Foreclosure

Recommended Posts

Posted (edited)

I wanted to ask if anyone has ever challenged their mortgage lender over a wrongful foreclosure.  We had a mortgage with NFCU, and in 2018 they foreclosed on our home.  My husband foolishly hid the first notices, thinking he would straighten out our late payments, and by the time he told me what he had done we were on our way to being foreclosed on.  My husband had been layed off twice in the year before our foreclosure, so we had already had a modification a year earlier. 

 

Still, I told NFCU  that there were Federal laws stating that there was no longer restrictions on how many modifications a borrower could receive.  I also told them that they had dual tracked our file - they had moved for a foreclosure while also claiming to look into our options.  When we finally heard back from their representative, she said we would need to pay $11,000 immediately and our new mortgage payment had doubled.  Again, she said NFCU knew nothing of the right to another modification. 

 

They foreclosed three months later, and when I looked at the paperwork I noticed a sheriff signed a document stating he had served my husband, but that I was not able to be served.  He checked a box stating that I had been left documents - not the box stating direct service.  When I flipped to the next document, it was a statement signed by the attorney saying I had been served directly by a sheriff.  I called NFCU's foreclosure mill and stated that by law I needed to be served before foreclosure hearing, and the lawyer I spoke with said he would advise NFCU accordingly, that he was sorry for the oversight and that NFCU would be in touch soon.  When they didn't call, I called them and they passed my call around repeatedly in a stonewalling manner. 

 

One woman heard me crying on the phone, and said "maam, please understand that your situation is being taken seriously - our managers have been in a closed door meeting discussing your situation all morning!"  After speaking with her, all the others said they were unable to discuss our foreclosure further.  We then hired an attorney who reached out to the foreclosure mill, and was immediately in touch with the top of the firm. 

 

The top attorney mocked me in an email I am in possession of, saying he was about to check out our file - but was certain I was just an angry woman over reacting over nothing.  After this email he refused to respond to the attorney we hired - our attorney said "I don't know what happened - he refuses to return my calls or emails..." 

 

Soon after we removed our possessions from our home, the BBQ munching moron of an attorney had the nerve to ask if I wanted to "settle with $5,000 - just to help us get back on our way."  This was not a "Cash for Keys" as we were already out of our home.  I told him to pound sand and that I was well aware that the wrongful foreclosure was now a fraudulent one.   

 

So as I prepare to go after NFCU on all the laws they broke, does anyone have any experience in going it alone without an attorney?  I am a journalist and have researched our situation extensively - they broke many Federal laws and I have plenty of documentation to back up my accusations against this nasty lender..  My thought is they will choose to settle - especially given we have emails showing that the top attorney ceased contact after discovering the serious miss step of failing to serve me and documenting that it was done in a document that serves as the whole legal basis for the foreclosure hearing.  

Edited by TerriS

Share this post


Link to post
Share on other sites

Welcome to Creditboards!

We hope that you find what you're looking for here.

Some helpful tips:

  • Your post may not get a reply right away. Don't be discouraged, this is a very busy board. If it falls off of the first page, feel free to reply to your post yourself, with the word *bump* in the text. This will *bump* your post back up to the top of the board.
  • If you haven't yet, take a peek at out Newbies Section. Everything that you need to know is in that forum, for the most part. It's a lot of reading, we know, but this credit stuff can have a steep learning curve. In no time, you'll be posting like the pros!
  • If you find that someone is discourteous to you, use the REPORT button at the top right of every post - that will ensure that a moderator or admin looks at the post and decides if it is against the TOS.
  • Off -topic posts should go in the General Forum.

 

Again, welcome to the CreditBoards family!

CB Admin: LKH, Pam, radi8, :angel:breeze:angel: & MarvBear

 

Share this post


Link to post
Share on other sites

Welcome.

 

There is a lot of emotion in your post, which makes it hard to separate out the facts.

 

If you defaulted on the terms of your note, the lender has the right to foreclose.  It's written right into the contract you signed before you accepted their money.

 

They were not under any obligation to extend you the courtesy of one modification, much less a second. 

 

It's extremely expensive for NFCU to service a perpetually-delinquent loan and at some point they had to cut their losses.

9 hours ago, TerriS said:

they broke many Federal laws

If you take a step back and strip out just the facts, specifically which laws were broken?

 

9 hours ago, TerriS said:

does anyone have any experience in going it alone without an attorney?

If laws were broken and you have actual meaningful damages that resulted, you shouldn't haven't a problem finding an attorney to take your case.

 

I am putting this in white text so it's hidden until we know for sure that this isn't a troll.

Share this post


Link to post
Share on other sites

welcome to CB!

 

I am curious why, if there are so many violations, you waiting so long? Also which specific statutes did NFCU violate?

Share this post


Link to post
Share on other sites

It has been 17 months and we waited to focus on becoming financially stable before going after NFCU.

 

The Federal laws they broke were ones regarding Dual Tracking and not offering a modification.  And the biggest issue involved not serving me notice of the foreclosure hearing and stating on the record that they had done so.

 

And we were not perpetually-delinquent - in over a decade we had only missed seven payments.  The delinquency followed layoffs my husband experienced at the hands of two major US banks being sued for Wrongful Foreclosures on a large scale.    

Share this post


Link to post
Share on other sites
4 hours ago, cv91915 said:

Welcome.

 

There is a lot of emotion in your post, which makes it hard to separate out the facts.

 

If you defaulted on the terms of your note, the lender has the right to foreclose.  It's written right into the contract you signed before you accepted their money.

 

They were not under any obligation to extend you the courtesy of one modification, much less a second. 

 

It's extremely expensive for NFCU to service a perpetually-delinquent loan and at some point they had to cut their losses.

If you take a step back and strip out just the facts, specifically which laws were broken?

 

If laws were broken and you have actual meaningful damages that resulted, you shouldn't haven't a problem finding an attorney to take your case.

 

I am putting this in white text so it's hidden until we know for sure that this isn't a troll.

Many words of wisdom in CV's post...

 

I would add, however, that finding counsel to take the case is NOT going to be the same as expecting them to take a case pro bono or on any manner of contingency.  MOST litigation is going to require the client to pony up a substantial amount to get the ball rolling.  While the attorney may ultimately prevail and see fees included in the ultimate disposition, there are still bills to be paid in the interim.  We have overhead and are, at a very basic level, in the same boat as a landlord who needs to be paid by the tenant...when the tenant stiffs the landlord, the property often goes by the wayside.  Same with counsel who isn't being paid...if we cannot pay our bills, we cannot function as an ongoing entity...

Share this post


Link to post
Share on other sites
14 hours ago, TerriS said:

hid the first notices

So you didn't deal with this right away when you were in trouble.

14 hours ago, TerriS said:

Federal laws stating that there was no longer restrictions on how many modifications a borrower could receive

Yes, but that doesn't mean NFCU is required to give you one. You already had one loan mod and couldn't maintain that note.

14 hours ago, TerriS said:

Soon after we removed our possessions from our home

You abandoned the house. I recall somewhere that once you abandon the house you lose your rights to recourse in the matter, but I might be wrong. Regardless, looking at my own mortgage documents (standard FHA mortgage) there's a clause in there that says if I abandon the property and leave it unoccupied an automatic default and immediate foreclosure will result.

14 hours ago, TerriS said:

I noticed a sheriff signed a document stating he had served my husband, but that I was not able to be served.  He checked a box stating that I had been left documents - not the box stating direct service.

14 hours ago, TerriS said:

does anyone have any experience in going it alone without an attorney

Box checking is a minor technical detail. If your husband was served, and he is the co-maker on the mortgage then you both were served.

If you really expect to be taken seriously, you should hire competent counsel. Otherwise the court will see you as just another homeowner that is angry over losing their home.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  




  • Today's Birthdays

  • Member Statistics

    • Total Members
      178,628
    • Most Online
      2,046

    Newest Member
    rloucks
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines