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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6596
Experience:  Licensed attorney helping individuals and businesses.
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Mortgage fraud. i borrowed $50K from bofa in 2004 and they were suppos

Customer Question

mortgage fraud. i borrowed $50K from bofa in 2004 and they were supposed t pay off my credit card debt for almost $27+K, after 10 years, because we "did not require our own atty., and rec'd no closing papers, did I realized that they never bothered to pay our creditors, yet continually charged me, an adajustable rate, interest only for the last 10 years, then tried to foreclose on me!! they claim that i rec'd the remaining amount borrowed, as a cash out, after having rec'd %45K+ from a refi.done in 2003!! does not make sense. also they are claiming bony owns my mortgage when in fact, they wrote to me telling me that they could not dispose of or modify on my loan. who does owe my note and how much punitive damages can i expect to receive from their blantant fraud??
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
I ALSO NEED TO KNOW HOW IN THE WORLD I CAN FIND A COPY OF ENDORSED CHECKS FROM 2003 AD 2004 THAT WERE SUPPOSEDLY DISBURSED TO US AT BOTH CLOSINGS FROM ATTY'S TRUST ACCTS. THE ONE ATTY. I SPOKE WITH SAID HE GOT RID OF EVERYTHING AFTER 7 YEARS, BUT ISN'T THERE SOME OTHER WAY. I KNOW I CAN HAVE THEM SUBPEONA THROUGH DISCOVERY, BUT WHY CAN'T I FIND IT MYSELF AS PROOF THAT WE WERE ACTUALLY GIVEN THESE CHECKS!!! ALSO, IS IT OKAY FOR THEM TO HAVE THE WRONG NOTE, ALL BUT THE LOAN NUMBER. ALSO, NATIONSTAR STAR, DENIED MY LOAN MODIFICATION CLAIMING THAT THE OWNER, BANK OF NEW YORK, MELLON, DID NOT PARTICIPATE IN LOAN MODS, SO I WROTE TO THE "OWNER: AND THEY TOLD ME THAT THEY DID NOT OWN MY LOAN AND HAD TO RIGHT TO DISPOSE OR MODIFY MY LOAN, THAT AS THE SERVICER, ITS WAS NATIONSTARS DECISION ALONE. SO THEY OUTRIGHT LIED TO ME, THAT ALONG WITH THE FRAUD IN MY HELOC, WHERE THEY COMPLETELY DESTROYED MY CREDIT BY NOT PAYING THE DESIGNATED CREDITORS, I INTEND TO SUE THEM FOR ALL OF THE PAIN AND SUFFERING, PUNITIVE AND PERSONAL INJURY CAUSED BY THEIR FRAUD, MISREPRESENTATION AND BREACH OF CONTRACT, NOT TO MENTION THEIR LACK OF EVIDENCE IN ANSWER TO MY QWR'S AND VALIDATE THE DEBT, WITH THE EXCEPTION OF PRODUCING THE WRONG NOTE, HOW MUCH DO YOU THINK ALL OF THESE DAMAGES ARE WORTH TO SUE FOR???
Customer: replied 1 year ago.
I ALSO OBTAINED, FROM THE 2003 CLOSING ATORNEY WHOWAS ALSO SUPPOSED TO DISBURSE THE $45+k, AN UNSIGNED HUD-1 SETTLEMENT STATEMENT, WHY WOULDN'T THE ATTORNEY HAVE ANYTHING MORE THAN THE HUD-1 AND WHY WASN'T HIS COPY SIGNED. I BOUGHT MY HOUSE IN 1995 AND BORROWED $99,450.00, NOW 21 YEARS LATER, THEY ARE CLAIMING I OWE $120,000.00 AND ARE NOT PROVIDING ANYTHING BUT COPIES OF THE COUNTY DOCS AS PROOF. WOULD THE COUNTY DOCS ALONE, HOLD UP IN A FORECLOSURE, AS I HAVE STOPPED PAYING MY MORTGAGE FOR 6 MONTHS AND MY HELOC FOR 4. TELLING BOTH SERVICERS THAT IF THEY DID NOT VALIDATE THE DEBT, I WOULD BE TAKING THEM TO COURT AND SUE THEM FOR ALL OF THE ABUSE PERPETRATED ON US THE BORROWER. I AM SUPPOSED TO BE RECEIVING A CALL FROM NATIONSTAR ON MAY 15TH TO TRY TO NEGOTIATE AND BANK OF AMERICA HAS GIVEN MY FILE TO THEIR FRAUD DEPARTMENT AND HAVE CEASED TO SEEK FORECLOSURE. I THINK THEY KNOW I HAVE THEM DEAD TO RIGHTS. HOWEVER, AS MENTIONED BEFORE, IT IS IMPERATIVE THAT I FIND OUT WHETHER OR NOT WE ACTUALLY RECEIVED BOTH CASH OUT AMOUNTS, WHICH I DOUBT WE EVER DID. WHY WOULD I TAKE $45=k IN 2003 AND TURN AROUND AND BORROW ANOTHER $50k N 2004, NONE OF THIS MAKES ANY SENSE TO ME. ANY LIGHT YOU AN SHED ON THIS MESS WOULD BE GREATLY APPRECIATED. THANK YOU, ***** ***** I LIVE IN NEW JERSEY
Expert:  Infolawyer replied 1 year ago.
Hello, are you asking how to pursue the claim and if punitive damages could be recovered?