Thank you Kirk. I lost my internet connection last night. Your response is very helpful. If you can hang in there with me - and anwer these questions, I promise to tip you.
I realize a post-sale lawsuit makes everything a billion times more difficult - I was stupid to believe the Independent Foreclosure Review's Remediation Framework, wherein the remedy for my situation included "rescinding the foreclosure when possible." As I'm sure you know, the framework was scrapped.
Anyway - here are the highlights of my case.
>>> Please let me know if you think this constitutes mortgage fraud or any other kind of case for wrongful practices.
When I missed my 1st payment in June 2010, the balance due was $94K. According to the amortization - the balance was not expected to be this low until January 2011. I had been paying ahead to try to pay off early. In July, I requested relief by asking the bank if I could pay "interest only" until January. They did not respond. In August, I sent two partial payments that added up to more than a single payment and they returned the money. In September, I applied for loan modification and after sending more documents a couple times, in December 2010, I received notice that my modification documents were complete and being passed on to underwriting. Despite their claim they tried to reach me in February 2011 to get more documents, I never received a message from them and never got the loan modification.
QUESTION>>How does the bank prove they actually left phone messages?
Also, in Sept 2010, I was served with the notice of the foreclosure action. I responded to the foreclosure on October 5, 2010. My response included irrefutable official title documents that proved the additional lien being alleged as being secured by the house was the original mortgage from 1996. The title documents clearly released this mortgage - satisfied in full in 2002 when we rolled the balance into a refinance that gave us cash for home improvements.
Although I have proof they received this response on Oct. 5, 2010, I never received a response to my response.
Fast forward from October 2010 to December 2011 - 15 months later..
In December 2011 the bank delivered another set of foreclosure papers via 1st class mail. These included the same errors as the first complaint as if my initial response was non-existent.
Yet, nearly 15 months passed while the mortgage fell farther behind and the fees continued to accumulate. In March 2012, the payoff for the loan being foreclosed was over $113K. (Amt owed was $94K in Jan, 2011) I asked the banK's attorneys for an itemization of all the liens against the house and they would not give it to me. Then I referenced the false "Count" in the complaint and requested they remove the non-existent debt based on the irrefutable evidence I provided in my response in Oct 2010 and they refused.
This refusal caused my uncle, who had offered to loan me the money so I could catch up on my mortgage payments - to be very skeptical and he explained deficiency judgment. The worst is that the bank's dishonesty caused my old-school uncle to question me - a cruel result of their legal tactic - which I am shocked to realize this is legal.
In addition, they incorrectly started their interest and penalty fee calculations on 05/01/10 instead of 06/01/10.
QUESTION>> Would this be enough for you to take a case against the bank for fraud or for any other wrong-doing?
Thank you for your time and God Bless!
With Warmest regards,