My home is in foreclosure and something weird happened yesterday.

[tridim]

I had been receiving at least five collection calls per day from Chase Home Finance for months.

Yesterday, they stopped. Completely.

This happened after I called Chase demanding that they stop their law firm from sending me SEVEN copies of snail-mail correspondence instead of one. A reasonable request, but I also added, "I certainly hope you aren't planning on charging me for your attorney's inflated fees", and "I will be sending you a letter requesting proof that you are legally able to foreclose on my property". The rep didn't respond to my questions, but she did take down the information. Then the collection calls ceased.

Anyone want to guess what really happened? Could this just be a coincidence considering all the hell breaking loose with foreclosures over the past week? I have a gut feeling that they don't have my original note, maybe that was the key?

Anyway, I hope I put some fear in them, but I don't think Chase is capable of emotion. Cash is all they care about.

[slackmaster]

1. I speculate that the matter was escalated to Chase's legal department the moment you said "attorney"

It's probably sitting on an attorney's desk, in a stack with a bunch of similar cases.

Tagged for interest.

[tridim]

3. Do you think that is good or bad for me?

[RaleighNCDUer]

7. It's got to be better than immediate foreclosure. nt

[slackmaster]

25. Neither good nor bad, but it means they are taking you seriously

It won't make any difference in the long run. Either they'll be able to prove they have a right to foreclose, or they won't.

[hedgehog]

2. I think what's important here is that people have been trying

to develop a workable payment plan with their banks, not get out of paying their mortgage.

Setting aside the question about why banks can't drop interest rates to something fair and reasonable, how can anyone negotiate with a bank when foreclosures are being spit out with so involvement and review?

[tridim]

8. I tried that, first they lost my documentation four times.

Then I found out later they didn't notify me that my trial period was in effect until it was too late.

I'm pretty sure they did that on purpose.

Right now I'm just interested in buying more time so I can sell this shit-hole before the bank snatches it up.

[EFerrari]

10. They did that to my mother. The next thing she knew

her property was taken by -- Chase. We should look for a class action suit because this is theft.

[sweetloukillbot]

20. My house was taken in July with a cash offer on the table...

The bank sold it at auction for $20,000 less than the offer.

Frankly, after a 1 1/2 years of trying to get them to work with us and dealing with lost paperwork, unreturned phone calls, and other BS, I took some pleasure in that fact.

My only regret is that my wife and I moved out of the house last year when the bank wouldn't respond to our questions of whether or not the foreclosure was on hold while we tried to negotiate a loan mod. We could've stayed there for another year rent free...

[tridim]

21. I'm not moving out until the last possible day.

Though I'll start packing a week prior, just to be safe.

Your situation sounds very familiar. Sorry.

[dixiegrrrrl]

26. You might want to consider this:

note the last line in the letter that about them NOT charging you for fees to make the copies you are requesting:
and
put your name in all caps as shown on the letter ( that is the legal way it is on the note)

Be sure to get it notarized and send registered mail to your servicer or mortgage holder, whoever is foreclosing on you.
Them having to respond to this will buy you time.
If you can afford a lawyer to send it for you, even better.


Qualified Written Request under the Mortgage Servicing Act of RESPA and Request for Information Related to the Owner and Holder of Note under the Truth in Lending Act
In the Matter of:
JOHN Q. TAXPAYER
Main Street
City, State 00001
SSN: xxx-xx-xxxx
File Date: October 13, 2010
Our File No: BACQRW-20101013-A
Your Account No: xxxxxxxxxx
Dear Sir or Madam:
Please treat this letter as a “qualified written request” under the Federal Servicer Act, which is a part of the Real Estate Settlement Procedures Act, 12 U.S.C. 2605(e). This request is made on behalf of my Clients, the above-named debtors. Specifically, I am requesting the following information:
1. A complete and original life of loan transaction history prepared by the Servicer from its own records using its own system and default servicing personnel.
2. A copy of your Key Loan Transaction history, bankruptcy work form, or XLS spreadsheet of all accounts associated with this mortgage loan (this would include both recoverable and non-recoverable and restricted and non-restricted accounts).
3. The Transaction Codes.
4. The Code definitions in plain English.
5. Please attach a copy of the MERS Milestone Reports and MIN Reports.
6. Please identify the full name, address and telephone number of the current holder of the original mortgage note including the name, address and phone number of any Trustee under the Trust or other fiduciary. This request is being made pursuant to Section 1641(f)(2) of the Truth In Lending Act, which requires the servicer to identify the holder of the debt.
7. Copies of all collection notes, collection records, communication files or any other form of recorded data with respect to any communications between you and the debtor.
8. Copies of all written or recorded communications between you and any non-lawyer third parties regarding this mortgage (including but not limited to LPS Desktop communiqués, NewTrak communications, NewInvoice transmittals, Newlmage transmittals, electronic communications by email or otherwise, collection notes, and any other form of written or electronic document related to the servicing of or ownership of this loan).
9. All P-309 screen shots of the history all of the accounts (principal, interest, escrow, late charges, legal fees, property inspection fees, broker price opinion fees, statutory expense fees, miscellaneous fees, corporate advance fees, etc.) associated with this loan.
10. In accordance with Section 131(f) of the Truth-in-Lending Act, 15 U.S.C. Section 1641(f), please provide me with the full legal name, street and mailing address, and telephone number of the true owner and holder of the promissory Note signed by my clients and secured by the deed of trust in my clients' mortgage loan referenced above.

To the extent that the servicer of this mortgage loan charges the debtor’s mortgage loan account any fees as resulting from the servicer’s response to this letter that were not disclosed to the debtor(s) and approved by debtor in writing, the debtor(s) dispute(s) any such fees and costs and specifically requests that the account be corrected.
Sincerely,

[sweetloukillbot]

27. The unreturned phone calls and contradictory information were what got to me.

We had a loan mod specialist assigned. He called at the beginning of the process w/ his name and extension. After that we could never get a hold of him. I literally called every hour for about four days straight with no return call. I was then told by one of the basic operators that he had 72 hours to return any phone call from the time of the last phone call, and that by calling repeatedly I just delayed the callback. So I didn't call for 3 days - still no callback. In fact I never actually received a callback. (This was a servicer for CitiBank, btw)

Then I had one operator tell me that the loan mod wasn't going thru and the foreclosure was set. We found a place and moved out two days before the supposed auction date. When I contacted the bank to find out what to do about the auction, I was told that the loan mod was moving now, and the foreclosure was on hold. I gave them new contact info and asked that all correspondence be sent to our new address. Never received the loan mod paper. After calling and confirming it had been sent, and tracking it through FedEx, I found it sitting, waterlogged in the rain on our old house's doorstep, a week after it was sent - two days before it needed to be returned to accept the offer.

And after all that the modification was lowering the interest rate but adding all our past due and interest onto the principle - it only would have saved us a $50 dollars a month.

[EFerrari]

22. It's a war of attrition, for sure. And there' s nothing more stressful

than feeling unsafe in your own home. These people are sociopaths.

[DainBramaged]

18. That in and of itself is criminal

you are not alone, that seems to be the pattern, they 'lose' your paperwork and it kills your trial period.

[tridim]

24. We're not alone, together..

Most of us are also broke and jobless, so there is really no recourse unless the AG's doing the investigation do something for US and not the banks.

A class action suit seems inevitable (probably the largest in history), but it'll probably happen after everyone has moved on with their lives after being royally screwed.

[sabrina 1]

30. Marcy Kaptur advised homeowners to stay in their homes two

years ago, because, she said 'they don't have papers up there' pointing to the Capitol Bld. She was among the first to let the public know about the corruption in the mortgage business.

You should also ask for an attorney to present you. This is how they kicked so many people out of their homes so fast. The public had no legal representation nor did they have due process. This too is becoming an issue.

My friend lost her home in Jan. We had just found out about the title not being legal but they ignored her requests for proof.

You should put that request in writing. We did and she is now hoping to sue as it is on record that her mortgage was transferred, most likely by MERS who represented two of the banks who held her mortgage.

You are entitled to due process. I am going to write more about this later as it is very personal to me because of my friend.

Put everything in writing though, you may be able to recoup something later if the foreclosure goes forward and is illegally processed. Good luck, I know what it's like but maybe at last, there will be some justice. Foreclosures became a 'market'. It was never about people, they never intended to negotiate.

[Nuclear Unicorn]

4. The calm before the storm

FWIW its heartbreaking to hear of your misfortune.

Any rays of hope?

[tridim]

5. I have 100% family support, so I wont be homeless.

I guess that's borderline hope. At least I'm not freaking out. :)

My house has been on the market for about 25 days now and there is zero interest, it's priced at 60% of what I paid. Buyers are scared shitless because of what the banks did. Nobody knows who (really) owns what.

[gvstn]

6. I think

You have the right to tell any creditor to stop calling you. I guess then they have to work through written correspondence. Maybe she took your call as a request to stop the harassing phone calls?

[flvegan]

9. Is this property in Florida by any chance?

[tridim]

11. Colorado.

Nobody has broken into my house yet to change the locks.

[flvegan]

12. Ah.

I was hoping it was in Florida. I've been helping folks get their foreclosure cases tossed here, and was hoping I could help you out.

You're lucky that you have the family support, but I'm sorry for your situation. Hopefully your lender will choose to stall your case, lest you lawyer up and make good on your letter about proof of ownership.

[tridim]

13. Thanks.

Is it your experience that lenders take these kind of legal threats seriously? They know I'm broke, so they probably also know I can't afford a lawyer.

Until today I fully expected them to just ignore me like they have been for the past 6 months.

[flvegan]

17. These days, yes many of them do.

The internet has allowed folks to learn some of those little tricks that one only knew if they were an industry insider...or a real property lawyer. Some lenders have experienced such a backlash, that the slightest push back will halt them in their tracks.

[Greyhound]

28. IIRC, Colorado has some fairly good real estate laws.

Your lawyer will know how to demand proof of their claim.

[tridim]

29. I can't afford a lawyer..

But I already know the proceedure. File a suit against your lender, then demand the note. It's not like that in all states though, check the Internets.

Since I can't afford file a suit, I can only make the threat, and then mail a non-legally backed request.

[nykym]

14. I saw something yesterday

about a national site where you can enter your info and it generates a request to "Show Me The Note" Can't remember the site name exactly something like showmethenote.com It looked legit and might be worth a try. Good luck and sorry.

[tridim]

15. Already printed up and ready to send.

:)

I'm not sure what I'm waiting for, but something tells me I should think about it for a day or two first.

[foxfeet]

16. Contact your State Attorney General and complain.

It will at least get you on the radar when a class action gets underway.

[EFerrari]

31. In CA, they only follow class actions that they themselves file.

This is such a black hole for most people. There's basically nothing to protect us from the national banks. Nada.

[redirish28]

19. Good for you. Knowing they need proof to show a court is the best

weapon you have against those SOBs... (I also wonder if someone started digging into things like interest rates and the like... wonder if a case could be made that too much of a person's payments where going to interest therefore they need to correct the calculation and see just how much someone actually owes.)


My wife remembers when her mom had a mortgage on a home the Bank would take the payments and pay down all the interest first before the actual mortgage. ALSO they pulled this scam where if her mother paid extra it wouldn't go towards the next payment it went into this "end of payment" fund which it basically didn't count until the last payment. Granted this was almost 20 years ago but that is how my wife lost her childhood home.

[mzmolly]

23. I don't think it's a

coincidence. Here is some info for you. Keep fighting and best of luck!

http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/

FIGHT FOR FAIRNESS

This process is not intended to help you get your house for free. The primary goal is to delay the foreclosure and put pressure on the lender to negotiate. Despite all the hype about lenders wanting to help homeowners avoid foreclosure, most borrowers know that’s not the reality.

Too many homeowners have experienced lender resistance to their efforts to work out a payment structure to keep them in their homes. Many lenders bear responsibility for these defaults, because they put borrowers into unfair loans using deceptive, hard-sell practices and then made the problem worse with predatory servicing.

Most homeowners just want these lenders to give them reasonable terms on their mortgages, many of which were predatory to begin with. With the help of judges who see through these predatory practices, lenders will feel the pressure to work with borrowers to keep them in their homes. Don’t forget lenders made incredible amounts of money by using irresponsible practices to issue and service these loans. That greed led to the foreclosure crisis we’re in today. Allowing lenders to continue foreclosing on home after home, destroying our neighborhoods and our economy hurts us all. So, make it hard for your lender to take your home. Make ‘em produce the note!

STEPS TO FOLLOW

A. If your lender has already filed suit to foreclose on your home:

1. Use the first form. It’s a fill-in-the-blank legal request to your lender asking that the original note be produced, before it can proceed with the foreclosure. In some jurisdictions, the courts require the original request to be filed with the clerk of court and a copy of the request to be sent to the attorney representing the lender. To find out the rules where you live, call the Clerk of Court in your jurisdiction.
2. If the lender’s attorney does not respond within 30 days, file a motion to compel with the court and request that the court set a hearing on your motion. That, in effect, asks the judge to order the lender to produce the documents.
3. The judge will issue a ruling at your hearing. Many judges around the country are becoming more sympathetic to homeowners, because of the prevalence of predatory lending and servicing. In the past, many lenders have relied upon using lost note affidavits, but in many cases, that’s no longer enough to satisfy the judge. They are holding the lender to the letter of the law, requiring them to produce evidence that they are the true owners of the note. For example:

* In October 2007, Ohio Federal Court Judge Christopher Boyko dismissed 14 foreclosure cases brought by investors, ruling they failed to prove they owned the properties they were trying to seize.

B. If you are in default, but your lender has not yet filed suit against you:

1. Use the second form. It’s a fill-in-the-blank letter to your lender which also requests they produce the original note, before taking foreclosure action against you.
2. If the lender does not respond and files suit against you to foreclose, follow the steps above.

[Snarkoleptic]

32. kickski

[tridim]

33. Start of day three, still zero collection calls.

I'm really enjoying the peace, for the first time in 6 freaking months.

I also sent Chase the SEIU form letter yesterday. I hope they are receiving these letters by the thousands, and I hope they are freaking out.

Everyone should do it, foreclosed or not. http://www.wheresthenote.com

The letter is all about loss of trust, which IMO is the only reason people put their money in banks in the past. When there is no trust left, there is no bank.

[Dr.Phool]

34. Dealing with Chase can be a nightmare.

It took me almost four years to sell my house in Cleveland, after I moved to Florida.

When I finally found a buyer, just getting a payoff from chase took weeks. And they delayed the closing by about three months. A few times I thought about telling them to stick the house up their asses. And I was selling the house at just above my break-even point.

on edit: And I had never, ever been late or missed a payment. I can't imagine your nightmare.

[newspeak]

37. it makes you wonder about some of the bank dealings

when my hubby transferred to another state, we had to put our house on the market (buyer's market). Well, the mortgage company knew that we had transferred, we finally got a buyer and they wouldn't approve the loan because the child care took it a little over eligibility. Our house sat after that until we could not afford to pay two houses.

What the company didn't tell us is that we could have resolved the problem with FHA, since it was a FHA loan. Everytime the lending company called, I'd try to talk to them about what we could do--it was like talking to the dead. It was after a lot of grief and draining of our savings account, that I finally found out I could notify FHA-- the house wound up in short sale. It finally sold, but the banks could care less if you are in a dilemma--it's like they want you in foreclosure-they want the house. At least, that's what my feeling was about our experience.

[ms.smiler]

35. Most mortgage servicers are actually licensed debt collectors

and are subject to laws governing the conduct of debt collectors. Now that you have demanded that they cease contacting you, keep a log of any calls you receive with the date and time, the company name and name of the person who contacted you plus the reason for their call.

You don’t need to answer any of their questions. After you have answers to your questions, say goodbye.

Many people don’t quite understand yet that they don’t have a mortgage. What they do have is a scam.

Check your mortgage and see if Mortgage Electronic Registration Services, MERS appears. Check your Promissory Note to see that the loan originator is named and that nowhere on the Note appears MERS.

Hopefully you still have your Settlement Sheet. Does any amount show toward the top for Yield Spread Premium?

Locate the MIN number on your mortgage and check the MERS database here: https://www.mers-servicerid.org/sis/

MERS will likely show Chase Home Finance as Servicer and possibly Fannie Mae as Investor. You could also possibly see some strange alphabet trust as Investor.

Then check the Fannie Mae database here: http://www.fanniemae.com/loanlookup/

If a foreclosure action was just recently filed there may not yet be an Assignment of Mortgage filed at the Recorder of Deeds office. If not, Chase will likely backdate and file one soon. Most counties have online records. If an Assignment of Mortgage was filed, it could be very useful to you as it is most likely fraudulent and has clouded your Title.

Does any of the information from those databases match?

Most likely it is the government who has your loan but Chase Home Finance is the company who will step forward and pretend to own your loan.

As many homeowners as possible need to challenge their foreclosure in court, many do it Pro Se and I have a great deal of respect for such homeowners.

Presently, only about 10% of foreclosures are contested in court. It is in that small 10% that the many problems with mortgages and foreclosures have been uncovered.

After I discovered fraud in my nice 30 year, fixed rate mortgage from a company still in operation, I hired a well trained and experienced attorney.

It is possible to hire a competent attorney for about the monthly cost of a car payment. Most attorneys that have been in the mortgage/foreclosure fraud fight understand that homeowners can be financially stressed. Many have payment plans.

Also, a Quiet Title action can be filed in some states even after a foreclosure has completed.

About two years ago two DU members sent me links and I’ve been researching these issues ever since. Once homeowners, like me come to see and understand that the securities fraud on Wall Street is directly linked to mortgage and foreclosure fraud on Main Street, we tend to get quietly revolutionary in our thoughts and actions.

I need to do some mowing this afternoon but I’ll check back to see if I have been at all helpful or if you have questions.

[laylah]

36. NONE of them are

capable of emotion! That said, as has been said numerous times, demand original documents! Who REALLY owns your note?

Good luck :hug:

Jenn