tropicaljo

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tropicaljo last won the day on August 19 2011

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About tropicaljo

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    500 posts and hasn't been banned yet....

core_pfieldgroups_99

  • Biography
    Ummm... I'm a Cancer???
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    Currently, credit repair
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    Unemployed

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    A land yet to be accurately described.
  1. The house was auctioned off on Feb. 9, 2015. Mom moved in with my sister-in-law. Thanks for the continued interest and support. Jo
  2. Nope. Once again, my in-laws drew me into their financial troubles, giving me half the story, and then left me hanging on the sidelines. They decided to ignore the recommendations I got from Seadragon and went to see some lawyer that was a friend of a friend last Monday. Turns out that this foreclosure has to do with a SECOND mortgage on Mother-in-law's house that was NOT dealt with in probate. I don't know how it is that she walked away from the probate thinking that everything was paid. Kind of think the attorney who handled it should have pointed out that she had this second mortgage and needed to keep making the payments, but whatever! It's been nearly 2 years since she made a payment, so there is no way she can bring it out of arrears. The lawyer she saw told my mother-in-law that the only way to stop the foreclosure was to file for bankruptcy, but I don't see how that could be brought about before Feb. 9 even if they started working on it last Monday. Last I heard, she was seriously considering just letting Green Tree do their worst and she'd just move in with her daughter or her sister. smh... So, thanks everyone for your time, your recommendations, and your continued concern. Have a wonderful day!
  3. Seadragon, I really appreciate the information. My Mother-in-law's house was hers free and clear after probate and is filed with the county with no liens of any kind, so we don't need financing. I don't know how it is that Green Tree managed to acquire an alleged contract from Bank of America in 2012 when BofA released it in 2011. Your suggestion on getting an injunction has been most helpful. My husband and I don't have a lot, but we have offered to help her come up with funds to hire an attorney. Pretty sure that out of her 5 children we will be the only one's putting money in the hat considering that the rest of them all were aware this crap was going on for at least the last year and not one of them bothered to call us to at least let us know she was having trouble with these people. Talked to Mom-in-law earlier this evening and she will be making calls in the morning to find an attorney who knows how to handle this. She has in mind that she needs a probate attorney, and argues with me when I tried to tell her she needs someone who can deal with foreclosures, so we'll have to see what she comes up with. Clydesmom, We ARE doing what we can, but pulling bunnies out of our butts with no advance warning is a bit off-setting. My IN-LAWS are very difficult people to deal with and I can only do what they allow me to do. I am not responsible for others in my husbands family who sat on their thumbs and let this situation get so dire. I came here to get knowledge and suggestions. I got what I came for. I'll save any further snarky comments and wish you a great night.
  4. We're in Arkansas, willingtocope, and the lawyer we went to see this past Monday was the lawyer who handled the probate, who I gather even then made excuses that probate was not her area of expertise. Clydesmom, you don't know me or how much experience I might or might not have in FDCPA matters (in fact, over the past 10 years or so that I've been a member of this site, there have been quite a few companies that have contributed to my ongoing independent education in consumer laws). I have and will admit again that I don't know anything about real estate matters or foreclosure, but why are you taking such a hard line with me. You come on as if you have some reason to attack me instead of offering any significant assistance and your comments show that your mostly interesting in grinding my nose into how much I don't know. I came here looking for help, not to get slapped down because I don't know what to do. When my husband and his siblings signed those releases to their Dad's estate in 2011, from that point on my husband has been kept out of the family loop regarding his mother's current problem (due to other family issues). I do know that Countrywide made a whole lot of fraudulent home loans. I know that Bank of America is a HUGE corporation that there is a possibility that someone didn't get the memo that the bank had signed off on the note and it is possible that Mom's contract wound up in a lot to be sold to a JDB. I know that JDB's will take advantage of insufficient documents and take actions they have no right to take. I know that feces appears and sometimes it is just a matter of knowing how to get the stains out. We know Mom needs help, and we also know that the average specialized attorney is going to want big bucks UP FRONT to deal with this matter. Mom doesn't have big bucks to throw around and neither does anyone else in the family, so that is why I came here. As I said before, this is the one place I go to when I need answers related to creditors and contracts and I have seen more than one near miss where the consumer made a last minute save due to friendly suggestions from members of CIC.
  5. So, its been a long time since I came to the board to ask for advice. The story is; My father-in-law died in January 2011 and left a mountain of debt and un-cataloged assets that had to be sold to satisfy his creditors thru probate, including the mortgage for Mom's home (originally held by Countrywide) with Bank of America, which she co-signed. Mom's understanding was that the probate couldn't be closed until all debts were satisfied. She has a signed document from Bank of America releasing their claim on the house and property, and documents signed by the probate court saying all Dad's debts were satisfied and that the house and another property were Mom's free from all debt. The probate documents were filed with the county clerk and the house title was transferred on county records to Mom's name and show it is free of all liens. Approximately 9 months later, she starts getting letters from Green Tree Services saying she was delinquent on her payments on the house. She called them up and told them that she had clear title on the property and that if they bought faulty paperwork from BofA they needed to work it out with BofA. They persisted in pursuing the delinquent payments and she proceeded to ignore them (I know, I know!). They filed an affidavit challenging the signature of the BofA rep who signed the release document for the probate claiming it was illegible. I haven't had a chance to go thru her documents, but to my knowledge she has not received any kid of summons related to Green Tree's claims, however, all of Dad's "heirs" received notice that Green Tree is going to do a foreclosure sale of Mom's house on February 9, 2015. Apparently, Green Tree has no idea that all of Dad's heirs signed notarized documents relinquishing their claims on Dad's estate so that Mom would be taken care of for the rest of her life, at least so she would keep that house. We all got letters by regular mail from a "local" law firm dated January 8, 2015. None were received until Jan. 15. These letters included documents that show that they filed a a foreclosure notice with the county clerk on December 29, 2014. Doing a little research, it appears they are acting as if the alleged contract they have includes a "power of sale" clause, but Arkansas has established guidelines for conducting a non-judicial power of sale. They are supposed to have the property appraised, and to Mom's knowledge, no one has been around to appraise the house and property. Within 5 days of filing with the county, they are supposed to send a certified letter to all "interested parties". Their first notice is dated January 8 and came by regular mail, rec'ved on Jan. 15. Second notice has the same date and was received on January 24 by certified mail. Mom is living on disability and social security and money is extremely tight for her. She has severe COPD and can barely walk from having severe deterioration in her knees. We went together to see a lawyer this past Monday (Jan 19) and the minute I made reference to abusive debt buyers and FDCPA, she started talking down to me like, "Yeah, you're one of THOSE people who have read a thing or two and think you know something." She told Mom that she didn't know anything about real estate law and would find someone who specialized in real estate who could take this case. We haven't heard a word from her and she isn't returning our calls. I did a quick search on Green Tree Services, and there are literally thousands of complaints on how this company operates. To my knowledge, they haven't provided any proof that they have the authority to be doing what they are doing. They filed their first newspaper ad last week on the scheduled foreclosure sale, so I don't have much time to find a way to stop them. All I know is that if Mom looses her house and is put out on the street 2 weeks from now, it will kill her. So, from past experience, I come to the one place on earth where I'm pretty sure there are answers on how we can stop this QUICKLY without having to pay an attorney. Any speedy advice would be profoundly appreciated.
  6. No, they are not "just a JDB". They do a pretty brisk business as debt collectors under several dba's. From what I've been able to turn up in just the past couple of days is that the owner and CEO of the company is apparently quite wealthy and well respected in the ARM industry.
  7. Actually, this is kinda what we've been considering... showing up with a sheriff and a moving truck with the proper documents...
  8. Okay, scratch the attorney mentioned in my first post. The attorney is just their Colorado registered agent, as well as their attorney of record according to his own website. Don't know how going to the Bar would do any good other than there was never any response to any of the court documents that required responses or to any of the numerous letters he received from the attorney's who handled our end demanding payment of the judgment from his clients. Did he take it upon himself to not respond, or did his clients tell him to ignore us and eventually we'd go away? Our attorneys never filed for an Order of Contempt, claimed they couldn't discover any assets, never attempted to discover banking info, never requested a debtor's review, never sought to levy or seize property. When a bond was discovered, and our claim against that bond was denied because their client supposedly had not been presented with an account for collection, our attorneys didn't argue, they just said, "Okay, we're done." Seems there was a lot they could have done, but chose not to. BUT, since our attorneys have waived the "all avenues exhausted" flag, we finally have leeway to take some actions on our own.
  9. Okay, got the box full of documents. With the two full binders I provided and the additional binder the lawyers made, the box was 6 inches deep. From what I can see, all of our documents were filed and served in a timely manner. There was a bond found and a claim filed against the bond but the claim was denied because my husband allegedly did not "submit an account for collection to our principal, FRA" as required by the terms of the bond. Seems to me that considering that their registered agents, both here in Arkansas and in Colorado, were served with numerous court documents and letters demanding payment of the judgment, I would say that an account WAS submitted for collection to their principal. Even still, every single lawfully served court document and numerous letter demanding payment was ignored completely. Oh, and I found a reference that makes me think that this case is on Pacer. Imagine that...
  10. In September the total was up over $21K... and imagine that... there are LOTS of US Bank branch banks here in Arkansas.
  11. hey nascar... are any of those cases you mentioned showing on Pacer current cases?
  12. Clydesmom... your comment about our attorneys not looking, yeah, that's been my thought all along... they wanted an easy win and got it but weren't counting on this kind of opposition when it came to collecting. It's such a different process when they are going after one of their own and there seems to be all this ridiculous "slow dance" that lawyers do with each other. All your suggestions for what I should consider doing... where might I find more information on the tactics you suggested?
  13. Nascar, after 2 years of dragging their feet and not getting anywhere, I doubt seriously that they will even entertain the idea of me bringing them more information. And I hear you about someone getting paid... like I said, the research I did 2 years ago showed that this company is making lots and lots of money, but according to our local lawyer, it is common for them to ignore being sued and to ignore judgments against them. I think that our local attorney has gotten bored with this and doesn't figure it would be cost effective to continue to pursue. Their take was only a bit over $2,000, so I'm thinking we'll have to go forward without them. Initially, My husband and I handed them a prima facia case (their words not mine). When they got the judgment they dragged their feet on taking the next step, until I did the research and actually sent them the information and forms needed to incorporate the judgment into Colorado. They hired the Colorado attorney and it was agreed that they would split the amount the court ordered for attorney fees, so no one had much incentive after that to put much effort into collecting. We even offered to double the attorney fee if someone would get off their asses and make some effort, but that offer was completely ignored.
  14. One of the owners, I believe... Not sure and won't be until I get all the documents from our now withdrawn local attorney. Hopefully, that and other helpful information can be found.