First with Wamu – $312000
Second with Wamu – $250000
for renovation. Joint Tenant Broker needed money, paid off my house with a sub prime loan without my knowledge, until he tried to evict me stating he bought the house..judge ordered him to restore my name to title…said \”Mr Wolff, you cannot evict a joint tenant and you did not buy Ms Weems\’ house. However, due to the amount of the loan, the second judge ruled for the lender which is now Deutsche Bank…I want to invalidate the sale since I didn\’t authorize it and qualify to stay in my house. Washington Mutual didn\’t contact me to find out if I really sold the house…I had been with them for a long time and had refinanced in 2005..why would I refinance if I were planning to sell..I wouldn\’t have. Michael Wolff filed chapter 7 and his loan is foreclosed. I haven\’t declared bankruptcy and my loans in my name are paid in full…I want this foreclosure stopped.
Archive for the ‘Washington Mutual’ Category
First with Wamu – $312000
Original Note signed with Watson Mortgage and immediately transferred to Washington Mutual in 2003. Assignements recorded with county clerk. In 2009 our payments were directed to JP Morgan Chase. No assignments recorded. HELOC loan made in 2005 with AmSouth. I have ch 7 discharge in 2011.
We filed bankruptcy in Nov. 2010, it was discharged, April, 2011. We filed bankruptcy because we lost our construction business as a result of the bad economy. Construction in CA was the hardest hit industry. Around the time of the bankruptcy we also fell behind on one payment for our property tax and contracted with Chase, who was now our mortgage servicer after taking over Washington Mutual to allow us to make escrow payments with them to insure our taxes would be paid. They in turn caught us up on the payment we fell behind on. At that time we agreed to make over double the amount of mortgage payments to repay them. They decided the payment that we had fallen behind on was also now going to be this increased amount rather than the amount we owed at the time we missed it. Trying to catch up on the payments now which were doubled became very difficult right around the time we filed bankruptcy, but after we filed we were able to get back on track making all our payments on time and in full. Except for the two payments we missed. We tried to work with Chase to catch up on them. but to no avail. About 8 months ago they even communicated to us they would reduce our monthly payments as we were now caught up. And in May we received a notice our monthly payments would be reduced even further. For over a year now, we\’ve been making all our payments on time and in full based on the statements we received. Then in June, 2012 our mortgage payment was returned to us. When I called Chase to inquire why, they told me that our November 2011 payment was for the incorrect amount. Because by their calculations we should have paid more they considered it a non-payment. And because they claim we didn\’t make the November payment, they considered us now in default and would no longer accept any more payments from us. At no time did we receive any communication to this effect after November. I told them the payment I made was for the amount on the statement from them and I had the bank statement and their statement verifying this. I\’ve even sent them copies of both of these statements. We\’ve tried to get them to work out a solution with us to enable us to pay any past due amounts, but they will only accept payments of over $4000 a month at this point. We can\’t do that. And they will not acknowledge our November payment made to them as the correct amount. It\’s been very frustrating. They actually told me I should have called to verify the amount on the statement as the correct amount. Ironically, I actually did do that a couple months before the Nov. statement came and I requested a statement from them showing all the payments made to them and how they were dispursed for our escrow payments. At that time on the phone they verified how much my October payment and November payment would be. I was trying to make sure I was budgeting for the correct amount.
i was duped in to this loan i was free and clear lake arrowhead is aresort in california i havev a case in sabernardino civil court search me mark a phillips vwashington mutual chase bank go to trial in 2013 need more help to educate my attorney get me press abc anyone my home needs your help been fighting chase since 2009 im a builder and mvp out of henderson nevada was crooked broker yes have judge ment agaist them and a supervisor loan who now works for chase to much to write we have got to stop themm mark phillips 909213-7791 ram dev
JP Morgan Chase took over the loan 10/2008. Never sent me a statement ever. Foreclosed Jan/2009 while I was communicating with Wamu. Wamu told me to drop my chp 13 then they would beable to do a forebearance and loan mod. I dropped the chp13 and they confirmed they could talk to me and said I qualified for the forebearance and to email them back at the end of Jan/2009 for the status. When I emailed, they did not respond so I called and called and each time I was asked to enter or provide wamu with my loan number and then I was forward to a dead-end message about contacting their REO department. I contacted Chase and they had nothing in their computers regarding my loan or my information and told me to work with wamu because they could not help me. Feb/2009 they file an unlawful detailer which I was never served so I was not aware of it. In March they file a void on the trustee sale and never noticed me about that so when I found out about the unlawful detainer, I filed a motion to quash the case for no service and of course the court didn\’t give me the time of day but they gave me another week to respond but not counter. I filed a response and Chase filed a summary judgement. I removed to federal court still not knowing about the voided trustee sale until a year later when I was looking at the recordings. At the time Chase held the trustee sale, I was not behind on my payments. In fact, I had made many extra payments they have no record of applying to my mortgage. I saw the escrow account having a large sum of money but then it disappeared. The case was removed to federal court at the end of April 2009 and for some reason, I recall the falling year that the void trustee sale was filed in Jun of 2009 but the documents show Mar 2009. So the bank voided the trustee sale Mar 2009 and filed an unlawful detailer in Feb but proceeded to have me removed from my home even though they voided their trustee sale. In Jun 2009 they filed another NOS and nothing happened with that or so it appears. So now I\’m in the federal courts and my attorney is scheduled for the first hearing in Sept 2009 but is arrested for forging the Judges signature on one of his other cases. I found out when the court noticed me in Dec 2009 that I had to Jan 2010 to do something. I asked for recommendation to the Federal Pro Bono Project that assigns a pro bono attorney to assist me since I have 4 kids. The pro bono project did nothing except send an email to a couple law firms that represent the banks and then reports to the court that my case had no merit and refused to let me see my file. I contacted my attorney and the los angeles BAR to get my file and the attorney was in jail (Timothy Thurman) and the BAR ignored my request. The judge ordered the bank to provide more information on the procedures they followed regarding the foreclosure because the bank cashed two $4000 checks after filing an NOD (the NOD was signed by chase when wamu was not part of chase at that time in Feb 2008).
So the Judge allowed me time to find an attorney with the help of the pro bono-project-useless- government-paid-attorney. I called many attorneys with the help of the SF BAR and was not able to find an attorney at that time that could take my case. In Dec 2010, the Judge retired and I was assigned a magistrate. I motioned to have a real judge and got assigned to Lucy Koi who has dismissed all foreclosure cases with prejudis. I hired an attorney and paid him and he took the money and then informed me that he was waiting for approval to practice in the fed court in SJ. He wrote my pleadings but failed to motion for leave of court before filing the 1st amended complaint so the judge threw it out and then dismissed with leave to amend but said I could not add more claims. My attorney added more claims and I reminded him that we couldn\’t do that and he assured me it was ok. Well it wasn\’t ok. The judge gave me 21 days to amend or she would dismiss with prejudice and I met that dead line and several months went by and the bank failed to respond so I filed a motion for default and the judge denied it but was ready to dismiss with prejudice if I missed my deadline. When I went to court for the status hearing, the judge yelled at me right away and proceeded to converse with the bank on how to get this case out of her court. I\’m the plaintiff and the judge is treating me like trash. The judge without a hearing decided on the case and dismissed with prejudice and made it look like I was a horrible person in Sep 2011. The bank filed a motion to expunge me from the property in Oct 2011 and the court moved the hearing date from Nov to Mar 1 2012. The judge issued a court decision on Feb 18 before the hearing and approved the banks motion for expungement. I was expecting to show up in court and do an oral argument and was surprised to receive an order from the court of an early decision. I haven\’t seen anything from the bank on a foreclosure yet. I would think they would need to file an NOD due to the 1 year cutoff date. Just a month ago I was searching the internet and discovered that my attorney was practicing in the federal court during the time he said he was not authoried and was pending approval any time. Then I find out that in another court in San Mateo he is handling unlawfull detainers for the bank which made everything much clearer. I am very interested in making my deed a timeshare and I\’m interested in bankruptcy. I have had 4 attorneys now who have taken large sums of money from me and left the case for me to deal with. This has kept me from working so now I am on unemployment and interviewing. What I want is to keep my home since I purchased it in 1998. The first refi was a fraud by a broker that should have gotten me a line of credit since I only needed $20k to put a pool in my new home but with the refi they charged me over $20k and then said it was fixed and it turned out to be an adjustable with a prepayment penalty. So I finally was able to refi and it was with wamu again and they sold me an adjustable that was stated but made me provide them with the documents that a full doc loan would require and more. The payments were suppose to be somewhere around 1% of 712k (around $1600) for the first year but I never got that payment. The 2nd year it was suppose to be 7% increase of that first payment that was suppose to be $1600 but it wasn\’t. The option arm was to have adjusted each month but the rate they used was incorrect and sometimes they adjusted it multiple times in a single day. I requested a QWR several times and never received it. The judge blew it off like it was nothing and of course I didn\’t know how to fight it as pro se.
I want my loan to be reviewed and all the missing payments to be applied to the principle. I have proof of the payments made but have nothing showing applied. The last time I received a statement was around Sept 2008. I would love to have a principle reduction but I think the value is still there. The bank has applied around $150k in fees and interest to the balance approximately. I would like all that removed if possible. I would like to start making my payments. I don\’t need a modification since the option arm has a margin of 2.15% and the prime is low but I figure was might as well try to get a 30 yr fixed at some low rate if possible just to protect me for the future. I expect to get a job as soon as I can and will be finishing up with a masters certificate in electronic discovery project management in August 2012 to support legal cases in discovery just like this case. I will be able to afford the payments as soon as I am hired. The assignments and the substitution recordings are not filed or robo signed by a known robo signer. As far as MERS, at one time I was in Mers but now it doesn\’t appear that I am. I an interested in doing the investigation to find who really holds my loan (the investors) and where my case is in the food chain. If I loose this home, I have no family, no longer have friends, and no where to turn to. I will be homeless and if me and my kids are homeless, my chances of pulling out of that and getting employed in technology will be minimal due to the confidence and ability to look like I\’m not desperate like I am. Today I don\’t want to talk short sale yet but as a last resort. Burl something was my bk attorney that took my money and didn\’t finish my filing so it was dismissed. Jeralyn something claimed to be a chp 13 attorney but didn\’t show up to court after I paid her. Thanks.
I was told that my loan would be at a fixed rate then was informed after the loan process was well underway that I would need to take a higher rate that could be adjusted later in oder to be approved. when the first statement came in it was not for the amount we discussed…the payments were much higher. I was told that I had to fall behind on the loan before they would discuss modifying it with me. I called constantly and was unable to reach anyone most of the time (which I later found out was due to WAMU\’s failure as a bank and aquisition by CHASE. When I finally did reach someone I was told that the loan would not be modified unless I was willing to catch up the delinquent payments. I argued that I had been advised by a WAMU representative that I could not qualify for a modification unless I were delinquent. Not long after they were aquired by CHASE I was foreclosed on.
I have been trying to get a modification for 3 years now and have been getting the run arround by chase, they would not return calls and when i called the people answering would say the assigned rep was not avail. then in nov 2011 i was told it was denied. i was told by NACA in mar2012 that it was denied for to much equity i was never informed of that by chase. if i had known i would have sold my home over 2 years ago now they want to foreclose and not give me time to sell my home they said that there was nothing they can do to help me.
washington mutual received 35,000. for a pre payment penalty
The lender was great it is the aftermath and AHMSI the claim they are a debt collection agency. I understood they are a Mortgage Servicer either way I been challenging them since day one on the fact who are they collecting my mortgage for… I was told in February 2011 that was private info. Then after seeing AG Martha Coakley serve a civil action to all the banks I learned I had U.S.Bank as Trustee on my loan through MERS which I contacted them and they said AHMSI had POA over the investment but did not specify it was my(note)/property. There fore I contacted AHMSI and was told I will be getting an anser on paper…NO EMAILS, No over the phone answer. Which I am still waiting to know which is a violation of the Fair Debt Collections Practices Act. Also if they cannot prove a debt is someone (AHMSI) wrongfully collecting real/but, also debt that was paid on already and that servicer is just going to keep??? Also can I qualify for a Quiet Title Action with an remove this debt that no company/creditor can claim ownership too???
Any class action suits against WaMu Chase HELOC stated income or National City/PNC stated income HELOC 2nd Position?