When the Giant Bank admits wrongdoing they enter Misappropriation of funds. They have done this many times. But they refuse to return my money to me although I even wrote to the CEO. They keep me in the foreclosure pipeline as Kamala Harris calls it. I have to PROVE EVERY PAYMENT. ARE THERE NO LAWS FOR THE CONSUMER? I HEARD THE HOMEOWNER BILL OF RIGHTS JUST PASSED. Anything there to help me? They just keep reducing principle although I wrote and said I don't authorize this. This is one of their BAD FAITH TACTICS, TO GET ALL YOUR MONEY SO YOU ARE BROKE AND WEAK. They are so dishonest.Thank you for helping me If you include authority or sites I will study it.ZarifaTeresa
Country relating to Question: United States
State (if USA): California
I have been writing lettrs to their CEO for nine months since they foreclosed on me. It cast me 20000 to reinstate.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am very sorry for your situation. Can you please tell me a bit more about how exactly they are misappropriating funds, and generally what happened?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
They do not give me credit for my payments. I proved this with the front and back of the checks and their own postings. There is no doubt it is Breach of Contract, but who cares if they foreclose on you? They have blocked me from Online although I enrolled and surrendered paper sttements. I made three omplaints: Office of the Controller of the Currency, The Attorney General because I think it is Fraud, and my Congressman. Everyone is strangly silent. Are they observing or am I forgotten I don't know.
Thank you for your follow up. Please tell me when they foreclosed on you, and did you file an answer with the Court stating that you have made payments?If so, what did the court say, and if you did not claim this, then why not?
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Ely has asked me to review your situation and see if I could assist. I am afraid that in these cases, your options are very limited, but that does not mean you have none. If they have done what you described and you have not gotten the attorney general to get involved, you would need to file a lawsuit for breach of contract, fraud and misrepresentation and wrongful Foreclosure and seek damages from them for the losses they caused you. Since you have the evidence of the cancelled checks and statements, you have the proof you require. There are some consumer protection law attorneys who will take on these wrongful foreclosure cases where there has been fraud and breach of contract on a contingency basis, meaning without any money up front and you can start shopping at some of the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com and you can also call the state bar and ask for the pro bono attorneys in the area. Some people even file these suites pro per (without an attorney) and pursue the banks on their own. If you are going to do that, you need to get a copy of the CA Rules of Civil Procedure and Rules of Evidence to use to guide you through handling your own case in court.Sadly, these are really your only recourses against these unethical and illegal practices if the Attorney General will not get involved.
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I really do not know of any real affordable help for a longer Forensic accounting, but I can suggest calling some consumer protection law attorneys in your area (http://www.martindale.com or http://www.lexmundi.com, which are the same sites used by other attorneys) as based on what you have uncovered you may be able to get them to pick up your case on a contingency fee basis and get them to pick it up and file suit in court for you and complete the audit as well.
Dear XXXX, Thank you for your instructions how to reply, otherwise I would not have known how. What scares me the most is they have blocked me from seeing my second t.d. and when I made two mortgage payments again NO CREDIT WAS GIVEN. A trustee sale in Ca. doesn't even allow me to prove I made these payments right? I keep thinking they are determined to foreclose because it buries their fraud. Why isn't the AG filing suit? I want to help californians I want to sue but to go to a jury, no deals. should i contact mr. panish remember the gm case? He is so rich he litigates everything. This is what would help californians, not because I want money. I know for a fact they stole people's homes and I know how they did it.
I wish I could tell you why the AG has not taken action, but you do need to contact them to find out who has been assigned your complaint and what the status is. Sometimes it takes them much longer than you want to investigate and decide to pursue it, but what they are doing should not stop you from pursuing it yourself in civil court.
You should be contacting the attorney general, they are really the ones who can sue. See what they tell you first before going back to your congressman.
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