Any Good Idea's On How To Proceed?

[Guest dandkconsultant]

Hello,

I've been to hell and back in the financial world lately. My ??? currently is how does one verify if a supposed auto lien holder actually perfected their vehicle lien with the state? I checked with my S.O.S. and there's nothing filed there. I think they may be done thru the D.o.r. as well somehow.

I've turned around a foreclosure on my home into a winning battle for me. Blowing down the house of cards one door at a time.

Here's another good question for you as well? What constitutes a false proof of claim filed in the bankruptcy court?

While this is my 1st time posting I pretty much am learning to adequately stand up for myself in a competent court of jurisdiction.

My issues started after the refi of my home in 2004. In Oct 2005 I missed three pymts on a 2nd mortgage and tried to reinstate in Jan 06. However, they never would send proper reinstatement figures and such. This went on from Jan thru June 06.

What they tried to do was foreclose illegally. As we were never notified of original assignment of note. What we found out before they could foreclose is that they actually had NO CLUE who they were foreclosing for. That any bank they told us who owned our loan in fact takes no ownership of note. Which doesn't give the servicer the right to foreclose.

Obviously if I need to sell my home this limits my capabilities. As there is someone to be paid. However, unless I know their the proper party I object to paying them at all. I'll be dammed if I know anyone that thinks a bill should be paid twice.

So since my experience is great! But no degree I know I need to relocate to make the type of income I'm accustomed to making to support the family I've created.

So we filed a chp 13 in 2006. Informed our atty about the situation with the 2nd. He didn't inform judge of our situation. He wanted it proven in court they indeed didn't know who they were foreclosing for. This was done in April or May of 2007. The judge ended up dismissing them with prejudice after 60 days. As all they've been able to show for ownership is a blank assignment document of who our second lien holder is. So the judge ordered no trustee pymts for the arreages in our banko. Or any future pymts to them outside of the banko plan. For what would be our reg monthly pymt.

After this happened we expected our atty to file an adversary and complaint against them. He didn't he dropped the ball totally. The trustee didn't follow up either with the letter my atty typed to him regarding the false proof of claim. I say false proof of claim as they knew when we filed bankruptcy and they made claim they didn't know who owned our debt. Or else they wouldn't of stopped initial foreclosure.

Unfortunately, for us after we filed banko in Oct 06 right before xmas hubby lost job. All in all we kept up on our chp 13 thru July 07. As hubby did acquire a job but it wasn't by any means our usual living wages. From Feb 07-Nov 07 we can document we only made $17,000---With four kids and only food stamps once in our adulthood at this time. Husband also got better employment thank God. He's now a union heavy duty diesel mechanic making $23.70 per hr. and has been getting overtime as well...Thank God Again!

So now in Jan our banko was dismissed. The lifts of stay have been given on the home and auto. HOWEVER, I'VE LEARNED A LOT ABOUT OUR COMMON LAW RIGHTS.

Last week I drafted a formal complaint to serve on the court here in St. Louis.

I used an outline of a complaint I actually lost my job over because of an employer lying about having the right to sell mortgage notes.

Needless to say. Even without finding appropriate representation I put together a good complaint. I think or else they wouldn't of stopped their foreclosure sale.

As I also know of the fraud their not wanting to admit to in the origination of my 1st mortgage. In going thru all this crap and even alerting our atty to it didn't make a difference until I put it to them in black and white.

Seriously I can show my floor rate was 6.20%. When it was all said and done we got crappola. A 2 yr prepymt penalty. Our scores were respectively 660-675. 2 yr option arm. And a dam yield spread premimum that would end up costing us $40-$60,000 over the life of the loan. For what? We paid the origination fee's but the broker and lender were greedy and I've caught them all in a big ball of ****.

Plus here's another good one. There's a state code that they can't foreclose if they can't notify all lien holders. In our case no one has yet told us who the 2nd lien holder is.

The first surprisingly had been attempting I thought to negotiate a modification of our 1st mortgage. They actually tried to get me to send them the modification fee before they sent us our modification agreement.

I finally got them to send me my modification agreement and what I was told verbally is that they were actually going to take some off the balance to try and rectify things. Their modification agreement said exactly the opposite.

Our credit has gone to hell! But we've kept our home somehow. But now how do I go forward? I know the complaint I did was based on a complaint by one of our top consumer protection attorneys we have for such cases and seems to of stopped them in their tracks. But it doesn't make this crap any more easy. As us filing another chp 13 further hinders our credit so does filing a chp 7. But I guess tomorrow I'll go ahead and file the complaints.

As even though sometimes lenders can be protected as a servicer in this case their made a collector. Not an originator of debt. And the practice their preaching is against every hard working American I know!

I want the fraud their perpetrating against everyone to be known! The point were at now is unbelievable to me. I slaved for years doing my job knowing that honesty is the best policy. That I did my best to make win/win scenarios out of any case I handled. That we all put our pants on the same way. That regardless of someone's ability or inability to pay makes them no less a human being. That most people care about their credit. I did and do now.

I also know the livelihood I once made money at I won't go back to. To me my case is the master case of them all. I tried to take lien holder even clients that would of spent mega bucks with them last yr. deal didn't happen because lien holder wanted to make money on something they sold.

I was totally dumbfounded by this. Explain this: I sell you my car for $5,000 you turn around and sell it for 10k. Now I want you to give me xyz of the money you made out of your own fruits labor and expenses. HELLO? When is something sold? I've always believed if your purchase something its yours. You PAID for it! Not that you still have to pay for it later.

Another example is I have an investor who was rejected because he can't purchase debts in the size they want to sell portfolios in. Talk about discouraging. Either of these deals could of stopped all this crappola as well!

See you can't even work everyday to not end up being a hard luck story! Sorry for such a lengthy post. But since it is my first thought I should try to give a full set of circumstances. As I'm a firm believer that no one should be paid or played to be stupid.

A lot of good people are getting taken advantage of.

God Bless

Kathy