BANK PLOY: WE NEVER GOT YOUR DOCUMENTS
Neil Garfield | May 29, 2011 at 1:13 am | Tags: Bank of America, borrower, countrywide, creditor, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, home retention, Lender Liability, MERS, modification, mortgage meltdown, predatory lending, quiet title, rescission, securitization, TILA audit, trustee | Categories: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | URL: http://wp.me/p7SnH-3vM
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EDITOR’S COMMENT: The truth is that the “home retention” or “modification” programs are a farce. They are merely a cover for the actual plan in effect which is to get as many houses in their pocket before the reality of the illegality of all these mortgages, notes, obligations, foreclosures and auction sales comes into clear focus. Will this reader ever get her home? We don’t know. But our ignorance is not based upon on ignorance of what SHOULD happen according to clear and basic precepts of law and common sense, it is based upon the fact that politics and pure financial muscle alters the result of any case.
If you speak to any group of 100 homeowners who have submitted papers to their “lender” (pretender lender) they will nearly all tell you that they had to submit the papers multiple times because the people on the other end are under orders to lie to you. They have been told in no uncertain terms to say they didn’t get the papers. Now the Banks are not stupid. So the actual person is probably not lying because they have no idea what was received or not received. All they know is what the computer tells them. The strategy is “just make it hard on them and many of them will go away.”
The so-called home retention programs are really a strategy to make absolutely certain that you fall so far into “default” (even if there is no default, because the creditor got paid) that the homeowner goes into despair and depression and walks away from property that they own, and which the true creditor doesn’t want. That clears the way for pretender lenders to fill the void with bulls–t, allowing them to pose as lenders, because the real lender is never coming forward to make the claim.
Judges, who don’t realize that the true creditor doesn’t want to make the claim, and knowing that the borrower has apparently not made some payments, assume that since the borrower is apparently delinquent the presence of a “default” cannot be questioned. That is a mistake. Once a Judge makes that presumption, the pretender lender is more than half way home in getting a free house. It is FRAUD, pure and simple and many Judges are allowing it to happen.
You’ll only get your home back or be able to retain it if you are persistent and dogged and willing to fight it out long-term. Once you present a credible threat, the pretender MUST avoid a trial (not one case has gone to an actual trial that I am aware of). The reason they must avoid the trial is that they risk a lot if they did, including possibly jail. So after telling you that you didn’t have case, that your lawyer is stupid, that you are stupid, that nothing you get off the net has any merit, that you are in default (and getting you to admit to a default because you know you didn’t make payment but you don’t know if someone else did) — after they made it real hard on you, then they move on to the low hanging fruit. They don’t want stories floating around about how easy it is.
The really crazy thing is that the pretender lenders don’t actually care if you get your house. They just want to make it tough on you so MOST of the houses go to them and only some of the houses go to the borrowers. Either way it is a free house to somebody. So suddenly they back off and vanish or they might make some offer you can barely refuse. Most of the time they simply go away leaving the Judge with no choice procedurally but to grant your demand for relief in quiet title by default. Persistence is your game plan. GOOD LUCK!!
Please read the following, and let me know if I have any hope of getting my Los Angeles back from a third party after a foreclosure by Fannie Mae & Bank of America.
I’m a female with my California real estate license. I have been trying to save my condominium in Los Angeles from foreclosure via Bank of America’s President, BARBARA J. DESOER.
I HAVE LOST MY HOME AFTER BEING TREATED DECEITFULLY AND SHABBILY BY BARBARA J. DESOER AND OTHER BANK OF AMERICA EMPLOYEES.
WILL YOU RUN WITH THIS STORY? BANK OF AMERICA HOME RETENTION DIVISION IS A FRAUD!
Here is one of many recent letters I wrote to Barbara J. Desoer before I losing my Los Angeles condo.:
TO: BARBARA J. DESOER, BANK OF AMERICA PRESIDENT
FROM LINDA STUART
A class-action lawsuit against Bank of America alleges that “Bank of America customer service workers regularly tell homeowners that modification documents weren’t received by the bank when in fact they were.”
That is exactly what happened to me save for documents that Bank of America default specialist PHILLIP OCHOA reportedly chose not to put into the bank system. He stiffed me, closed out my file, and claimed that he couldn’t reach me by phone when I called him repeatedly one afternoon from Bank of America in Beverly Hills at Beverly Drive and Santa Monica Boulevard from 2pm to 3:30pm
Beyond Phillip Ochoa, who I hope to name in a lawsuit, I faxed all of the requested documents from a Bank of America branch in Los Angeles at Robertson and Wilshire Boulevard via the branch manager, Matthew Turner. Since Phillip Ochoa never put my docs into the bank system, BANK OF AMERICA HAD REPEATEDLY CLAIMED THAT THE DOCUMENTS WEREN’T RECEIVED. THAT’S WRONG! A JOKE! In fact, Bank of America Branch Manager Matthew Turner made a call on my behalf this past Friday to Benjamin Diaz, a mortgage service manager for Bank of America located in Brea, California. Matthew Turner specifically told Benjamin Diaz that the requested documents were faxed every single time from the Bank of America branch at Robertson and Wilshire in Los Angeles. Hopefully that will hold up in court. I have the fax confirmation proof on paper via the Bank of America fax machine printout.
On Friday I spoke with a woman in Bank of America’s Office of the President. I gave her multiple fax numbers that I have been given by various Bank of Employees since March. WHAT HAPPENS TO ALL THE FAXED DOCUMENTS FROM TROUBLED HOMEOWNERS? THEY GO DOWN A BLACK HOLE? ARE SUMMARILY DISCARDED? NEVER PUT INTO THE SYSTEM? THEN THE BANK SAYS THE DOCS WEREN’T RECEIVED?
The class-action lawsuit also alleges: “Bank of America also encourages borrowers to default and fails to properly credit payments under trial modifications, treating homeowners as delinquent, according to the plaintiffs. One former Bank of America employee who isn’t named recalled seeing homeowners’ financial records manipulated in the bank’s computer system, according to the complaint. The complaint alleges, “BOA’s general practice and culture is to string homeowners along with no intention of providing actual and permanent modifications.” “Instead, BOA has put processes in place that are designed to foster delay, mislead homeowners and avoid modifying mortgage loans,” according to the complaint.”
I know that the ultimate decision about foreclosure comes from the investor, but I repeatedly tried through Bank of America to get a loan modification so I could afford my mortgage payments. Bank of America should come clean to the homeowners who futilely make calls and fax documents to the bank, only to fall through the cracks. AGAIN, WHERE DO ALL THE FAXED DOCUMENTS GO THAT HOMEOWNERS FAX TO THE BANK? ARE THE BANK EMPLOYEES TELLING THE TRUTH THAT FAX DOCUMENTS DON’T COME THROUGH? HOW COULD IT BE THAT SO MANY FAXED DOCUMENTS TO BANK OF AMERICA AREN’T RECEIVED?
My Los Angeles condominium was foreclosed on May 5th — a condo for which I put a down payment with inheritance money from my father. If there is even a remote chance I can reclaim the condo and start making payments I can afford, please let me know.
BARBARA J. DESOER DECEIVED ME ALONG WITH THE OTHER BANK OF AMERICA EMPLOYEES WITH WHOM I INTERACTED IN ATTEMPT TO SAVE MY HOME.
PLEASE LET ME KNOW IF I HAVE ANY POSSIBILITY OF GETTING MY HOME BACK.