1. How long have you owned these units?
Both since 1988
2. (a) Do you have any idea at all what the 12K that the lender paid was for?
80% for legal fees and costs
15% for alleged assessments
5% for other alleged and unsubstantiated charges (unverifiable repairs, etc..)
2. (b)Were there actually outstanding HOA fees or taxes or the like that were not paid either before or during your term of the ownership?
Of the 15% above for alleged assessments (1 payment was for one month of maintenance that the cooperative received from me then sent me back a check stating they were rejecting my payment.
3. If I am understanding your explanation correctly, the secured lender paid these outstanding charges due on the units and now wants you to reimburse them for making these payments to whomever or wherever they made the payments to?
Let me be clear that they paid the cooperative even though they called me in the middle of May to see what I was doing about the foreclosure. I informed them that I was going to file an OTC/TRO in supreme court. I asked them what they were going to do and they said nothing...they don't get involved in these type disputes. On May 25th I contacted the cooperative to tell them that I was filing the OTC/TRO and we met at the court house on the 26th of May and the Judge signed the OSC/TRO instructing the cooperative to provide me with the details I needed to substantiate my claim that at best I might have owed them a couple of hundred dollars or in fact that they owed me a couple of hundred dollars. They agreed reluctantly and when they were supposed to provide information they ignored me. Little did I know that the bank had sent them a check about the 26th of May. I appeared in court in June (on the return date) and for the first time I learned that the bank had paid them.
Now, the bank itself did not know it had made the payment but once I queried them they realized it and placed it as a negative charge on each loan under the title of escrow.
They still are billing me at my regular outstanding loan, but I am sending correspondence to them telling them they messed up and I owe them nothing but what the loan requires. I further am requesting information regarding their right to the underlying loan, assignment documents from the originating bank that gives them authority, signed copies of the proprietary lease(s), recognition agreement, shares of stock.
They have replied to me with one loan information but not the other. The information they gave me is a copy of the UCC-1 filing but it shows Duetsche Bank as the secured party with Bayview as the c/o in 2006. It references the original UCC-1, UCC-3 .
It seems one of the apartments (the one they have given me nothing on is clearly filed incorrectly as unit 4 instead of 4C (2003092301837001) and the other unit seems to have a UCC-3 (2006111402121005)
Once you respond to my questions above, it will take 15-20 minutes for me to type a response and post it here -- I type slowly and sometimes I must move between customers as I am working on questions. I also apologize for the delay in responding to you but securitized lending and mortgages is still somewhat obscure and not all attorneys here know about the process like I do (there are a handful of us that have this specialized experience and so your question was most likely left on the open board until one of us who has experience in this area came online). Let me assure you that you are better off having one of us who have experience in this area answer you than one of the attorneys who has no such experience.