Home Preservation Network

Educating, informing, and assisting consumers in order to help them manage their affairs.

May 16, 2016

Andrea Allan 254 Lyons Plains Rd. Weston, CT.

I have a file 2″ thick of everytime I called PHH Mortgage Mt. Laurel NJ during a 9 month period.  Finally fed up, frustrated and going through all my savings at the same time, and facing my business doing half the business it used to.  I wrote PHH Mortgage and Fannie Mae a letter letting them know that enough was enough and i C.C’d TV Channels, DIane Feinstein, Howard Berman, Bernark Franke, Joe Bide, and Obama. Three Hours later i received a call that i now miracusily Qualified for a Home Modification.  Only to find out in 4 months that it was an illegal Home loan Modification because it didn’t include my house taxes.  Phh Paid my house taxes and forced me into a foreclosure. I’ve lost my business, my home, and am in debt.  Also PHH sent in negative 9 times to Experian , Trans Union, Equifax during the time I was waiting for PHH to evaluate my financials before the modification.  Let’s not forget the misleading rumor that spread like wild fire , that in order to qualify for a home loan modifcation you had to be 3 months in default.  I’ve sent my letters with copies of my modification before giving up my home to FDIC, Securities & Exchange Commission, Diane Feinstein, Barbara Boxer, and a multitude of other government departments.  I received letters from most that “THEY have no Juristican over Mortgage Servicers. But what about Fannie Mae who owns my home, and was bailed out by our GOVERNMENT shouldn’t they be employing a company that is “PRO-Public”.  In September of 2008 my fico score was 801 I had no debt. my business was booming. 10 days after closing escrow the stock market TANKED, it shook up the people and my business starting to drop. Shamethebanks.org, and all the negative blog sites dedicated to people writing in their horror stories is great,  but we now have to take it to the next level.  We need to have an email revolution, by reaching out to everyone on these blogs, orgs, and send it into every government/ TV media/ Newspapers and magazines.  Until we bring the banking industry to court and limit their lobbyists, limit how much power they have.  Because they’re controlling our economy and erasing middle class.  They’ve pulled off the biggest Ponzi scheme, making Bernie Maddof look like a cartoon character.
May 16, 2016

Rocky & Brenda C. Cave Creek Arizona

Where do we begin? Last month marked two years of attempting to work out some type of loan modification with Capital One, NA. We are one of thousands of homeowners who are now dealing with them by default since they acquired our loan from Chevy Chase Bank for pennies on the dollar when Chevy Chase Bank went under. We bought our home (a very dated fixer-upper) in Cave Creek Arizona six years ago with a cash down payment of just over $100,000. It was every penny we had because this was to be the last home we ever bought; we’ve had no intentions of ever moving again. Purchase price was $499,000 and financing the other $399,000 was more than affordable with our income at the time. In fact, our income at the time was on the modest side. The market here didn’t peak til two years later, with values of similar properties going upwards of 700k. We thought it was ridiculous then and were so relieved we bought ‘at a good time.’ While we did ultimately borrow against an amount less than our cash down payment (so we have a HELOC), we never even considered taking advantage of what we thought were inflated values the first two years. All we cared about was fixing our place up. The garage was/is unfinished, the kitchen is ripped out (has been for five years) – the cabinets were moldy. We ripped out the nasty carpeting that made the entire place reek. The roof still needs to be replaced (it leaks); the entire lot needs more fill as it floods when it rains. We had to replace the 20 year old inefficient AC unit, as anyone who has ever lived in or visited Phoenix in the Summer knows it’s like trying to breathe in a 400 degree oven. The water heater imploded and flooded our living room (which used to be the garage), it was not to code when we bought (and no, we did not know this). We’ve spent a small fortune on plumbing and electrical work, but most of our fixing and updating thus far has been our own sweat equity. Cleaning til our fingers bled. Still needs a lot of work but it’s clean, doesn’t smell, and is very comfortable for us, even with our college dorm style kitchen. We are and have always been very simple people. We are in our early 40’s, college-educated, hard working professionals and seasoned homeowners who have always maintained a lifetime of flawless credit. Outside of our first mortgage payment to Capital One, we continue to maintain flawless credit. We have always been current on our HELOC, we have only two credit cards that are almost paid off, we own our vehicles outright (of course one has 200k miles and the other has almost 400k miles and they are not the most gas efficient, but they are safe and well maintained). Both American made – GMC and Ford! We don’t spend money on traveling, clothes or going out to eat (except the occasional Papa Murphy’s take out – and that is only when we have a coupon), our cell phones we’ve had for over four years now (much to the dismay of our teenager who just started high school). Like most kids today, they are learning Economics 101 through baptism by fire. We know the ‘flawless credit outside of first mortgage payment’ is pervading America and it tells a very different story about one’s sense of responsibility and credit worthiness. That really should have its own new credit rating! Keeping food, water, and electricity going above all else is called survival. Even though our income didn’t allow it, we stayed current with Capital One through most of 2009 by depleting our reserves and even borrowing against some of that cash down payment (this is with a different bank by the way – USAA, one of the few in this country that is not corrupt). When there was no more, we stopped making payments to Capital One, and have refused to use credit cards (yes we still have credit lines) to reinstate the loan or for anything else. Looking back at those conversations, I guess it’s no surprise a bank known for credit cards was pushing us to use them. When we stopped making payments they started being more responsive. Mind you, we went from February 2009 to October 2009 pleading for help but staying current, and telling them over and over again our income was greatly reduced. Starting in January 2010 we were on one of those ‘extend and pretend’ HAMP trials and made payments until we were declined in April 2010. It has been a battle ever since, most of our attempts to work something out being ignored or like everyone says, just going nowhere. Our ‘file’ is now about five inches thick. We have very dutifully documented the last two years of phone calls, emails, faxes and FedEx packages of paperwork submitted and resubmitted numerous times with six months of bank statements and tax returns each time. Will it ever end? It’s been another full time job just to manage this process, and like everyone else, we are tired of it. We knew to be suspicious late last year when Capital One had a sudden seeming willingness to work something out. The result of that was an individual modification with a new forty-year term and a payment amount equal to nearly 37% of our monthly gross income of the last two years. Not only were they asking us to pay out over $818,000 over the life of this new loan, they attached two outrageous conditions over this new 40 year term. One, getting permission from them to ever sell in the future (why this unless they’re up to something?) and two, if we signed we were knowingly acknowledging Capital One’s right to still foreclose on us at anytime in the future. Our current property value today in March 2011 is about $240,000 and it still needs about 100k in work. Between the down-payment and payments we’ve actually paid out over $230,000 in six years. Even if we agreed to the new payment (hoping/praying our income is going up a little and stabilizing) and a new forty year term, there’s no way we would have signed on with their two preposterous enslavement conditions. Definitely not the second one, although if they had done something like a principal reduction, perhaps the first one (getting permission from them to sell), may be arguably justified. But it still begs the question of why unless they are up to something. Well, now we know that everything we described in the immediate two aforementioned paragraphs they were up to something because it amounts to a feigned good faith effort. How do we know this? Because we have been talking to one of their loss mitigation department employees. In our case, everything until that point was clearly demonstrating lack of good faith effort. They had to create documentation and a paper trial to show otherwise, but it was all by design to lead us on the path to short sale, and if we were foolish enough to sign on their offer, it was designed for us to fail so they will ultimately get our house anyway – whether thru a short sale or foreclosure. Capital One acquired our Chevy Chase Bank home loan (and thousands of other home loans from this and other banks who went under) by default, for pennies on the dollar. They want to flip these homes for cash – today. They do not want to help the homeowner, and they only prefer short sale over foreclosure because it costs them less. All by design to delay, decline, and then ‘rescue’ the homeowner with a short sale option, since after all, it will be better on your credit. They even incent their employees to get the homeowner to agree to a short sale – holding contests for big screen TV’s and Best Buy gift cards. If they truly wanted to help us (or any other homeowner), they would follow their own payment guidelines and look at all available options for the homeowner. And they certainly wouldn’t be attaching preposterous enslavement conditions to a new 40 year loan term. Thanks to individuals who care about justice and exposing Truth above all else, now we have proof that Capital One actually trains their loss mitigation department employees to feign a good faith effort to work out modifications for homeowners. Not only that, we have learned and are continuing to learn from our own case and others around the country, they are guilty of misrepresentation, forging documents, notary fraud, foreclosing without proper chain of title, erasing homeowner contact records so as to pretend efforts to work with homeowner have gone unanswered, etc. They even hired someone with a criminal background to work in their loss mitigation department. If your ‘file’ has been in their loss mitigation department during the last couple of years, this person has had access to your (and your spouses) name, address, date of birth, social security number, tax records, etc. How does this happen at a bank? It’s outrageous, like who needs to worry about identify theft on top of everything else?! As we seek legal counsel (we’re pleading for Terry Goddard’s help – he only stepped down from his AG post to run for Governor), we’re pursing a forensic loan audit and uniting forces with other homeowners battling Capital One. We have filed complaints with the OCC (we urge everyone to do the same if they have not already done so) and the Arizona Attorney General’s Office. We have other letters drafted and prepared to send to Capital One and intend to cc other interested parties. We will post updates as we have them and welcome contact and a full vetting from any other homeowner or their attorney who is fighting Capital One. Thank you for creating this web site so that we may share our story. We wish for everyone to keep fighting the good fight! Have faith, trust and patience, because in the end, we will all persevere one way or another. The great thing about Truth is it always has a way of becoming known.
May 16, 2016

Joy Carter Minor, Moss Point, MS

My daughter’s college tuition and a reduction in work hours caused me to become 30 – 60 days past due on my mortgage payments to Nationstar Mortgage (Texas) in 2010. I allowed relatives to move into my home, while I accepted employment out of state. The relatives moved out in October 2010. I had the house professionally cleaned. One bedroom was left furnished and I return to my home every other weekend. Early January 2011, I received a call that my home was being entered by people without my permission. The sheriffs office investigated and was told the home was being foreclosed. I immediately called Nationstar Mortgage. I was told I was 47 days past due and I had abandoned the property. Of course I was outraged, but scheduled a payment for the next week. My relatives inspected the property in my absence to confirm that the lock boxes had been removed. The following week, Nationstar Mortgage contracted a company to winterize the home. They removed the remaining furniture, disconnected the well plumping supply to the house, and shut power to all major appliances. I am devastated the home was left unlivable and the mortgage payment is current. Nationstar never foreclosed on the home and did not have a court order to enter the property. The motor to the well pump was burned up due to incorrect disconnection and there is no water to the home. I have no idea what I can do to this illegal invasion of my home.
May 16, 2016

Todd Wetzelberger, Baltimore Maryland

This is a good story, and I hope entertaining and educational at the same time. I investigage foreclosure and mortgage servicing fraud and as a result have been targeted by the “just us” system, crooked courts, judges, attorney, etc, etc. Anyone who has tangled in court knows the same old story. The difference is that I’m lucky enough to have taken to exposing this fraud like a duck in water.  Because of the skill I have, I’ve been targeted in an attempt to silence me, intimidate and threaten me and my family and try to reduce me to living under a bridge where I won’t be a threat to exposing the crimes of all the usual suspects (servicer posing as “creditor”, crooked attorney with no first hand knowledge, crooked judge covering for his crooked attorney because the attorney probably has a picture of the judge in a closet with a donkey wearing a blue dress,,,). One crooked attorney already had his crooked judge buddy swear out a void, fraudulent body attachment for “contempt” on the EXACT same day that the judge and sheriff received the Notice of Felony Crime I sent to the court exposing the crimes the attorney committed. When that tactic didn’t work and I counterclaimed the crooked attorney Marc Donaty, Esq and his co-conspirators (in common law) the crook amazingly went silent. He didn’t say a word. He just had the judge fix the counterclaim after the clerk signed the no answer default judgment in my favor. See my handiwork here. http://www.scribd.com/doc/47202659/Counterclaim-Fraud-Abuse-of-Process-Final I’m just getting warmed up with Marc Donaty, the Baltimore County Sheriff’s Department and the judges who violated a ridiculous number of both state and federal laws including kidnapping, false arrest, extortion, mail fraud, RICO, etc. As usually the state prosecutor Jim Cabezas failed to investigate claiming “not enough resources”, the MD Bar Grievance Commission investigator Fletcher Thompson, swept the crimes of Donaty et al under the carpet, and the Baltimore County Sheriff’s Department treated me like I was the criminal. I remember Lt Kelly getting hostile with me on the phone, stating “there’s no crime” when I asked him what he was going to do about the crimes I reported. I said “come again, would you repeat what you just said for the record?” Kelly backpedaled and said “the sheriff’s department doesn’t investigate crimes, you need to report it to the County Police dept. That’s all  you need to know… Click” phone went dead. The funny thing is the sheriff and all his little minions have sworn an oath to protect you and me from crimes and have a duty when a crime is reported under Title 18 Sec 4 Misprison of Felony, to either investigate or report the crime to the proper authorities. The Baltimore Counth Sheriff J. Ray Fisher did neither other than falsely arrest me and my wife in front of my 3yr old daughter. The sheriff’s deputies said when they were at my house, “if you can’t find someone to watch your children, we will call social services to take them…”  Any parent right now is probably hanging from the ceiling by their fingernails. I can’t tell you the restraint I practiced that day, when I calmly told the sheriff’s deputies, “you are an unwitting accomplice to kidnapping, false arrest, violation of my civil rights, etc” I got the “I’m just doin my job” from Deputy Dawg and his sidekick. They of course lied and said “just bring your paperwork, we’re sure this is a mistake and you will be out of there in a hour..” That was a lie. My wife and I were paraded in front of an indifferent judge in handcuffs and leg irons. My wife is about 5’3″, works with multi-handicapped kids at the MD School For the Blind, and thought she was in a really bad dream.  See the complaint to the State Prosecutor here that was ignored. http://www.scribd.com/doc/51590079/Complaint-Against-Marc-R-Donaty-Esq-to-State-Prosecutor You’re probably wondering “How does this apply to foreclosure fraud, and more importantly how does it apply to me ?” The answer is, it has everything to do with you and foreclosure fraud, especially if you decide to put your helmet on and fight back. You must understand the courts are totally corrupted and former US Supreme Court Justice Sandra Day O’Connor is traveling the country to try to change the current system of elected state court judges to a merit based appointment system because she knows the entire system is broken beyond repair. Watch this short “What I Learned as a Legal Intern to get up to speed. http://www.xtranormal.com/watch/11316911/So%20what%20have%20you%20learned%20as%20a%20legal%20intern%253F%EF%BB%BF%EF%BB%BF My background as a real estate investor/ developer has afforded me a perspective the average homeowner doesn’t have. Our $3mil historic redevelopment business was literally wiped out overnight when hurricane Katrina hit New Orleans in late 2005. It took over 2 1/2 years (and several attorneys, engineers and public adjusters) to get all the insurance claims paid on all the damaged properties because the crooked insurance companies refused to pay claims on properties that say underwater for over 3 weeks after the levees broke in New Orleans. We burned through over $250,000 in cash servicing the debt (paying mortgages) on vacant damaged properties because the banks didn’t care that we didn’t get the insurance money to renovate the properties to sell or rent. When the cash ran out we did our own loan mods on residential and commercial properties. Others came to me for help and I negotiated for them until I figured out a few years ago what a crooked racket the “loan mod” scam was on the part of the banks. I won’t go into that because everyone reading should know banks make more money foreclosing on “loans” they never made than they do modifying.  Then they can get the next sucker to “sign” a new note for the “sweet deal” they bought and sell that note for anywhere from 5 to 30 times the face amount, launder their ill gotten profits on the back of the last “deadbeat” homeowner who “couldn’t pay his bills” and repeat the cycle indefinitely. Even as a real estate investor/ developer with an MBA I was as clueless as everyone else. When I found out the racket the banks were running, I put my helmet on and spent at least 5,000 hours over the past few years figuring out how the scam works. I’m now an “expert” as some would say. I think I’m just lucky to have been led through a series of steps to this point for a reason. When I started litigating myself (due to the lack of any competent attorneys who wouldn’t throw me under the bus at the first sign of trouble) I quickly learned the extreme bias against anyone who doesn’t pay the extortion payment to an attorney to “represent” you in court. I hope all of you know that an attorney’s first duty as an officer of the court is to the court NOT their client. That keeps the attorneys in check and the “uppity” ones lie April Charney and the handful of attorneys that have the guts to push back are usually admonished, threatened or fined to “keep them in their place”. Personally, I’ll take the bias against “pro se” litigants any day over the chains of being a “ward of the court” and “represented”  That’s not to say I don’t have counsel, mentors, and some of the best brains in the country (attorneys and non-attorneys) on my team. One of whom who has “been to the show” (US Supreme Court). As I said, I’m lucky in that my mind thrives on this game (a high stakes game, but a game nonetheless) and I’ve learned to beat these criminals at their own game. Being a former deep sea diver in the Gulf of Mexico, I’ve had my share of times when I thought I was “all done” at least a half dozen times.  The benefit of those experiences is that I don’t scare easily, and in my world every day above ground is a good day. I think the sheriff showing up was a good test and I believe that is why they are working so fast to cover up the cases I’m personally involved in to bury the fraud as quickly as possible because I wasn’t scared into backing off. I exposed the fraud of both M&T Bank on our home in MD and Countrywide/ BofA on our home in New Orleans long before they filed any foreclosure suits. Since I help others expose the fraud, my cases come last (like the mechanic and his car). As luck would have it, I got Thomas P. Dore on the stand in the MD case to admit he had NO first hand knowledge of ANY facts in the case. See the testimony here. http://www.scribd.com/doc/51344314/Sworn-Testimony-of-Thomas-P-Dore-Admitting-No-First-Hand-Knowledge Use this testimony via Judicial Notice in all your cases and get this to your attorney (if you are using one) to show a pattern of fraud. We all know that in 99.99% of foreclosure cases, NO attorney has any first hand knowledge of ANY facts, therefore they can’t give testimony and affidavits are inadmissible under the hearsay rules. This is basic litigation 101. You combine that with the fact the the plaintiff is NOT the real party in interest, the court never had subject matter jurisdiction and virtually EVERY fraudulent foreclosure case should be dismissed as an operation of law. For those guv-ment agents monitoring my communications (I know you’re out there) legal education is NOT legal advice. For all of you helping yourself and helping others see what the FTC/ DOJ and WI Supreme Court have to say about non- laywers helping others.  Someone with half a brain knows the public interest is truly served by allowing non-attorneys to offer education and NOT advice. http://www.scribd.com/doc/51591977/Federal-Trade-Commission-and-DOJ-Position-on-Unlicensed-Practice-of-Law http://www.scribd.com/doc/51592561/WI-Supreme-Court-Definition-of-Unlicensed-Practice-of-Law-2011 David Stern was taken down by all of you standing up and collectively letting public “servants” know that they still serve the public. I’m methodically going about taking apart Thomas P. Dore et al peice by piece since he is the equivalent of David Stern in MD. I have a duty to make sure I put a stop to the fraud he has perpetrated on myself and thousands of other homeowners who are not equipped to protect themselves against these criminals. I’ll post a lot more on Scribd (they have great search engine optimization) and will expose the fraud for the public to see and in turn use in their court cases as well, if nothing else to put the crooked judges and foreclosure attorneys on notice that you are not going to let these crooks get away with their crimes. hang tough, it’s worth the fight. You will get an incredible education and hopefully help others learn to protect themselves as well.  Share these links/ tools with as many others as you can.