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Everything posted by tropicaljo

  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.
  15. Don't know if they are well known or not... since we won the judgment I suppose it would be okay to name them... First Revenue Assurance, located in Denver area. I was told when the bond was found that they were not registered in Colorado, but they were registered here in Arkansas when we filed the suit back in 2010. My research of this company says they are a multi million dollar business so this is another reason why I have such a hard time with the idea that they have no valuable assets that could be gotten to.
  16. As I said, they ignored all efforts to communicate. They ignored all court related documents that they were served. The judgment was incorporated into their state, they ignored that too. Our local attorney hired an attorney in their state to continue collection efforts. Both attorneys have been extremely lax and difficult to communicate with regarding what they were doing. I'm under the impression that the out of state attorney did locate a bond and that the bond company was investigating our "claim", but was never informed of the outcome of that, either. The local attorney is sending us the complete documentation in the event that we want to continue to try to collect, so I'll know more about what has been done and what needs to be done when that comes in. @racecar, thanks for that link... DH and I will be discussing that option once we get the case documents from our local attorney.
  17. Not really looking for advice (but if there is any I'd be interested)... just I thought I'd share... Back in Feb. 2011, my husband was awarded a judgment against a JDB/attorney/collection agency for violations of the FDCPA and the TCPA. This company completely ignored being served and did not file an answer to our complaint, did not show up in court, and have completely ignored all efforts by our attorneys to collect. Apparently, the owners of the company are attorneys who operate under several business names and apparently no valuable assets can be found, so after 2 years of trying to collect the grand finally to a successful consumer complaint is... Yesterday, we got notification from our local attorney that all avenues to collect the judgment have been exhausted and they will not continue to pursue collection. To say we are disappointed is a complete understatement. Knowledge that these people would have hounded us to bankruptcy if they had won a judgment against us for that amount make this even more frustrating.
  18. Well, I .haven't been to CIC in a long while, but this is the place I come when I have any questions related to creditors, etc... I didn't know where exactly to post this question so I'll post it here and hope that someone will respond. I'm trying to find out for a friend of mine if there are laws related to how long a creditor has to bill you for services rendered. My friend hired an attorney back in March to represent her in an ongoing custody battle with her EX. He's dragged her into court now on 3 or 4 different occasions with false allegations that the court promptly dismissed. To date, my friend has not received even one billing statement from her attorney for current balance due. The attorney was fully aware that my friend was under-employed and would be unable to pay the attorney fees. Her attorney told her to begin with that she would ask the court to make the EX pay her attorney fees, but the attorney has never made the request. Now this attorney is quacking about how she hasn't gotten paid and is dragging her feet in going after the EX for documented abuse and medical neglect of the children by the EX, and clear contempt of court orders on several points of the custody decree. My friend said, "How can I pay you anything if you never present me with a bill." She HAS, in fact, made a couple of small payments but was never given a receipt and she has asked several times for some kind of billing statement so she can know what her current balance is and that she is apparently going to be responsible for paying. So, if someone should happen to notice this thread and can give me a semi-informed answer, I would deeply appreciate it!
  19. Thanks 1stStep. I'll be forwarding that link to our attorney... maybe it will get her moving. I'm hoping that if I send her a whole bunch of questions about what she has or has not done, and a bunch of suggestions based on the information I've found this afternoon on how to get this done, she will be a bit embarrassed that I've done the research for her and maybe she'll be inspired to move this case forward. Darn and WOW! Now I'm the creditor going after a debtor.... Eww!
  20. So, back in February, dh and our attorney won a default judgment against a collection agency located in Colorado for a little over $19K. (We're in Arkansas) And it's gathering interest to the tune of .15% (I'm assuming per month, but the judgment doesn't specify). Our attorney sent the CA a letter with the judgment giving them until Feb. 24 to pay in full, yada, yada. The CA failed to respond to the initial complaint, failed to respond to the judgment, and have failed to respond to all of our attorney's attempts to communicate with them or to discover their assets. Now, I like our attorney, but it seems like she has one excuse after another for not taking any kind of action regarding taking some forward steps toward collecting this judgment. Her assistant went on vacation, then she had a death in the family and a personal illness to deal with... In March, she told me that she had to talk to her boss about the best method of going after their assets... When I wrote to her in April, she said that the CA had shut down their registered agent in Arkansas (they still have a registered agent in CO) and that her boss told her to research how to obtain a writ without a list of assets. Today, before writing our attorney again, I've spent the last 4 hours researching how to find a business's assets... wow, there's companies out there that will do it for you without the debtor's knowledge. I've discovered that there all kinds of things our attorney could do to collect on this judgment. I don't know what to do to kick her in the butt (and remain diplomatic), but it would be such a blessing to collect those funds. I know she has other clients, but still, it's been 4 months and she has apparently done nothing in the way of moving this along. I just don't get it. She doesn't get a paycheck until the CA forks over the funds, so you'd think she'd be as interested in collecting as we are. Any suggestions on how to politely spur her along? Grateful in advance!
  21. Really, Mom would just like to end up with the title to her house in her name (not expecting it to be paid off) and to not end up owing the probate attorney for settling this mess. The thing is that it has dragged out for sooo long and she's just sick of having to try to put it all behind her so she can get on with her own life.
  22. If it's not obvious... there are those who would look at your situation as a reoccurring opportunity to generate a small vacation fund. Don't look at it as a nightmare... you can simply write the FOAD letter to each new company that comes at you, or you can try to have some fun with it!
  23. I know, I know... the information I provided is sketchy. As I said, my FIL's estate was a total mess. The probate attorney pulled his credit reports and found many outstanding debts that he had wracked up the last few years of his life. I forgot to mention that he was battling throat cancer when he died so had not paid a great deal of attention to his finances. I have not been privey to all the information revolving around this mess, and it is even more confusing when it comes to me in bits and pieces. DH was so upset last night when he came home from his Mom's and I'm sure that didn't help with the translation of the information his Mom had given him. I just figured if I posted what I know of the problems here then someone would at least have some idea on where/how to start sorting this out so Mom doesn't get totally screwed when this is all done and over. 2ndTimeAround, I appreciate it that you at least gave me a place to start... getting Mom to write out a chronology of events will surely help resolve some of the confusion, and at the very least, it'll give her something to do so she doesn't feel quite so helpless or useless.
  24. Okay, I am trying to find some advice for my mother-in-law. A little over a year ago, my father-in-law died in a house fire. MIL and FIL were separated but not divorced. Together, they held titles to her house and his house. There are balances on both houses, but I want to focus on the issues related to his house, which was insured when it burned. It is totally uninhabitable. Also, when he died he left his estate in such a mess that it is still being held up in probate. On his mortgage, there were 3 creditors listed. H&R Block Mortgage, Countrywide, and BofA… Now, shortly after FIL died, the insurance company tried to settle the mortgage with Bofa for the balance on FIL’s house, which at that time was around $63,000. All BofA had to do was respond to the insurance company and show that Countrywide and H&R Block were off the title. BofA refused the talk to anyone, not the insurance company, not my MIL and not the probate attorney. They wouldn’t talk to MIL because she wasn’t the primary signer on the contract, tho she WAS named on the contract. Within 2 months after FIL died, BofA tried to foreclose one the property, tho they were informed that FIL was dead and his estate was in probate… Eventually, the probate attorney put a stop to the foreclosure, but apparently the issue of paying it off was put on everyone’s back burner until now. Now an additional year of payments have accrued, plus interest, late fees, and annual insurance and property taxes have been added to the account, plus, apparently, BofA had to hire an attorney to try to sort this mess out… (WHAT?) So now BofA wants an additional $12K to settle the account. Does this smell like an attempt to “bleed” a dead man’s estate, or am I just seeing things? Is there someone we need to talk to that could help us get this resolved?