gwheelock915 Posted November 19, 2012 Report Posted November 19, 2012 OK everyone 2 questions.#1If a collections law firm pulls your credit but never contacts you, is that a violation? I pulled my wifes credit, and sitting on her CR was a pull from Weltman, Weinberg and Reis from February. I know its been a crazy year for us, but we have never been contacted by them, and honestly, I do not know why they would pull her credit. Her only credit line was with chase which was sold to EAF, then horribly litigated by Blatt, Hasenmiller. Thoughts?#2I always joked that we were denied participation in a federal mortgage program, because as the bank reasoned 'at this time you are current on your mortgage loan,' when we were not current because we gave up dealing with them and couldnt stomach their garbage anymore. The bank steered our home into foreclosure the following day. 3 days later we were dunned by a law firm hired by BoA to foreclose. So as I was reviewing our credit tonight, I saw that BoA has us current from 10/11 through 6/12. It then clicked. Bank of America based their decision to deny us participation in that mortgage assistance program based on our credit profile, that they were messing up.A foreclosure lawsuit was filed by the bank in late july, and I'm busting the banks and lawyers balls, but is this actionable? They are demanding $4K in attorneys from me now, which would have been avoided had the bank not messed up their own TL. Would love thoughts on this one. I'm not overly or eagerly litigious, but I might have to consider it here.
1stStep Posted November 19, 2012 Report Posted November 19, 2012 #1 - tough to say... they probably do have permissible purpose based on the fact they are collection attorneys - however, it might be worth sending a letter to ask... you might goad a violation out of them - I did that once to MRS and got 2 violations out of them...they paid me.#2 - probably, probably not - it will depend on what they bank is reporting each month. You will need to get that info...
BrunoTheJDBkiller Posted November 19, 2012 Report Posted November 19, 2012 If a collections law firm pulls your credit but never contacts you, is that a violation?Credit pulls for litigation are permissible. BofA is notorious for this. 99% chance they sold your loan to some investor, and they are just the servicer. If they modify your loan, they have to kick back the difference to the investor. Usually it turns out to be Bank of New York Mellon. Of course they don't want to pay off BONYM, so they just deny everybody. You need to find out who owns the note. BofA can't foreclose on you if they do not own the note. Here are the qualifications:Requirements to Qualify and Get Approved for Principle Reduction Loan Modification DOJ Settlement. Short Sales May be a Great Viable Option if Borrower is Not Approved, According to ACL Real Estate
racecar Posted November 19, 2012 Report Posted November 19, 2012 (edited) Foreclosed homeowners challenge banks to prove they still hold their notesSeveral major U.S. banks agreed last month to pay $25 billion to settle charges of foreclosure fraud — including allegations workers faked signatures, backdated records and "re-created" missing documents.(imagine that) Edited November 19, 2012 by racecar
BrunoTheJDBkiller Posted November 19, 2012 Report Posted November 19, 2012 YES this is the basis for the DOJ modification program. Get hold of Durbin or Kirk, they will help you with this.
gwheelock915 Posted November 19, 2012 Author Report Posted November 19, 2012 But who does Weltman Weisberg represent? They DO NOT represent BoAWell to make things clear: I say Freddie Mac owns my mortgage, bank of america is the servicer.Bank of america agrees with me.Bank of Americas law firm disagrees with both of us, and claims that boa is the servicer and noteholder (strike 1)Bank of Americas law firm dunned us for 290K, but mysteriously sued us for 280K. (Strike 3)Thank goodness I actually read my loan. It has a clause in it with redress for wrongful acceleration. That wrong occurred in December of last year, and hopefully the courts will make it right.I show up in court and in mediation pulling the babe in the woods routine. I don't know what's going here I'm so afraid...So far BoA has taken it hook line and sinker. Theres going to be a lot of BOHICA going on with this. Time for me to get the popcorn and a nice cold microbrew.
gwheelock915 Posted November 19, 2012 Author Report Posted November 19, 2012 #2 - probably, probably not - it will depend on what they bank is reporting each month. You will need to get that info...The info on our credit reports show all is ok/current/green until July, when it shows foreclosure.Bank of America has messed everything up with our loan. What a joke. I wish our congress would have aborted it when they had a chance. And I'm more of a pro-lifeish kind of person.
1stStep Posted November 19, 2012 Report Posted November 19, 2012 Ah - dispute it with the bureaus, you might be able to hit them with a counter for FCRA violations.
gwheelock915 Posted November 19, 2012 Author Report Posted November 19, 2012 I sent the stuff to the boss. I'll let him/her decide what to do. But what if we injured by Bank of America because Bank of America was mis-reporting its own TL. On july 23rd (example) the bank said no-you don't qualify because you are current.on july 24th bank says hey were going to forecloseon july 26th we were dunned by lawyer to initiate foreclosure.There is or was no way for us to appeal their decision since they slammed it on us all at once. This may be the one time where it is not good to have a creditor falsely report that you are current, when you are not.
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