Bagels at a Bar mitzvah Part II

[OneHugeMess]

Do you if we Are able to fight the Writ of Executions and/or the Sheriffs Sale before they take place ???? And if so. How best to. ( I’m in NJ).

There really isn't a way to fight/overrule a Final Judgement of Foreclosure, that has become a Writ for Sheriff Sale UNLESS... there is something VERY wrong with your case, and you can show overwhelming circumstances. If you have an attorney and a judge that is somewhat nice... they will consider giving you a 3-month extension on a sale, if you have a buyer lined up, or money coming your way.

Bankruptcy will completely stop the sale, temporarily. And, Chapter 7 can be used to discharge unsecured debt, followed by Chapter 13 which is the 5-YR Plan, to catch up arrears. Generally, services will offer a modification at some point, in the bankruptcy process.

The last thing, to know, is you get TWO 28-Day Adjournments. Make sure you at least, use them. You can also file a Request for Mortgage Assistance Package with more servicers, triggering a 30-Day Delay in a Sheriff Sale. That will usually only work once.

 

[Javagold]

1. There are Many things VERY wrong with the Fraudclosure.
2. Judge in NOT nice at all , nor the debt collectors attorneys.
3. No sale or buyers lined up.
4. BK13 stopped Sheriff Sale, but stay has been lifted and an alias writ has just been motioned. No new sale date posted as of yet.
5. Modification was denied by Servicer in BK13 plan. Thus the stay being lifted. We will be extending BK13 , as a new Servicer is taking Over the account and This will Allow us to apply again with A new BK13 modification plan.
6. Used the 2 - 28 day adjournments earlier (can we get another 2 -28 with the Sheriff when they receive alias writ ?.?)
7. Please explain mortgage assistance package as I hadn’t heard of this. But I believe we are able to request a mediation that would delay sheriff sale when we motion against the alias writ.

Thank You, One Huge Mess. Very much appreciated.

 

[moretrouble]

1. There are Many things VERY wrong with the Fraudclosure.
2. Judge in NOT nice at all , nor the debt collectors attorneys.
3. No sale or buyers lined up.
4. BK13 stopped Sheriff Sale, but stay has been lifted and an alias writ has just been motioned. No new sale date posted as of yet.
5. Modification was denied by Servicer in BK13 plan. Thus the stay being lifted. We will be extending BK13 , as a new Servicer is taking Over the account and This will Allow us to apply again with A new BK13 modification plan.
6. Used the 2 - 28 day adjournments earlier (can we get another 2 -28 with the Sheriff when they receive alias writ ?.?)
7. Please explain mortgage assistance package as I hadn’t heard of this. But I believe we are able to request a mediation that would delay sheriff sale when we motion against the alias writ.

Thank You, One Huge Mess. Very much appreciated.

1. Agreed.
2. Judges collecting salaries/pensions from constituents/taxpayers but work for banks. Attorneys lied.
3. No one wants to be successors who committed fraud.
4. Been there.
5. When I was unaware of the fraud, asked for mods 4 times, denied.
6. Writ is good for 150 days, new writ is required, I'm ready to file my Federal suit to stop the scheduled sale.
7. Don't want it. If the loan were real and legitimate, I should have been kicked out years ago. Something is definitely wrong with my loan. Loan was NEVER repurchased and removed from trust, no fund was transferred, only the UNPAID balance was hijacked from the accounting ledger. The loan has been retained and paid down using excess cash flow from the trust; balance should be about $175K and they are trying to foreclose on $700K amount , clearly violation of FDCPA.

 

[OneHugeMess]

6. Used the 2 - 28 day adjournments earlier (can we get another 2 -28 with the Sheriff when they receive alias writ ?.?)

I want to be VERY CLEAR in this, so you fully understand this. IF YOUR PREVIOUS SALE WAS CANCELED, and I mean truly CANCELED, and not just placed in bankruptcy hold -- then YES, you are entitled to two additional adjournments. If your sale is still on bankruptcy hold, which was lifted then-No. You are screwed.

You can call the Sherrif's Office for your County, and ask about the status of the last sale if you don't know. They are very nice and non-judging. Just try to have your docket number, or the sale number, when you call.

3. No sale or buyers lined up.

Is there even a dollar of equity in this house, as in, is the home worth even $1 more on Zillow, than what is owed on your mortgage payoff? If there is equity... it's worth attempting to sale on your own. You will lose that equity in a sheriff sale, as the 3rd party bidders, will not pay top dollar for the home, assuming they bid on it. The Servicer will just "credit bid" what they are owed, leaving you with $0 in excess proceeds.

If the home is worth for example, $300,000... and your total payoff, is $592,000, than, honestly, delaying the sale, is the only thing I can reccomand, unless the servicer gives you a writedown of the principle balance. It's only worth, even remotely considering paying a underwater mortgage, if the payment is lower than comparable rent, and if it's in between 10 to 15% more than the home is worth. If it's more than that... it's better to walk away.

4. BK13 stopped Sheriff Sale, but stay has been lifted and an alias writ has just been motioned. No new sale date posted as of yet.

Chapter 13 is only worth it, if you are serious about keeping the house, and keeping up with the Plan Payments. It's a LONG, LONG 5 YEARS, and over 90% of people fall off the yellow brick road. You have to take that into consideration. I've seen people do it. But, I only want you to file again if you are serious about keeping the home.

Filing BK over and over, if you are not planning to stay in the home long term, just hurts your credit score, and makes it near impossible for you to rent another home, yet alone buy, and hurts you in other aspects, like buying a car, insurance rates, and getting a credit card.

I was very lucky, to be able to skip out on filing for bankruptcy. My credit score did fall, significantly, while I was in Mortgage Default for several years, as well as allowing a few credit cards to charge off. I also missed two payments on an Auto Loan back in 2008. But, with years and years of on-time payments, I now am in the 790s... which is far better than when I purchased my first home (660s).

7. Please explain mortgage assistance package as I hadn’t heard of this. But I believe we are able to request a mediation that would delay sheriff sale when we motion against the alias writ.

Don't quote me on this entirely, because I can't fully quote the law. Here is what I know though.

In NJ... if your home is scheduled for a foreclosure sale, and you send in the MAP (Mortgage Assistance Packet) or RMA (Request for Mortgage Assistance) in completion, or mostly completed... the servicer must (at least once) cancel the original sale, and adjourn the sale for (30?) or (28) days. This allows them to fully review your finances, and determine if you are eligible for a Loan Modification, or Deed in Leu, and not break the laws in NJ regarding Dual Tracking a homeowner in foreclosure.

Even if you were previously denied a Loan Mod... supposedly, at least once, they have to consider you for a Mod... if you send in one of these packets, after the sale is scheduled. You could almost see it as another adjournment.


I honestly don't know what your true intention is with your home. All I'll say is it's hard to fight a foreclosure, in NJ after the final judgment has been awarded to the lender. If you have an attorney, they could advise on appealing the final judgment, but, really... I would only consider that if you are trying to delay the sale. If your intention is to keep the house, a Loan Mod... may be your best option.

 

[OneHugeMess]

Well, I am with her for almost 6 years. I was doing this all by myself for almost 7 or 8 years until Mr. Cooper started putting sale dates after sale dates. She helped me a lot and was on retainer. It is not easy to find another one. How can I do these stuff myself

I don't know if we ever talked... but I know you had a Countrywide Loan. I don't know if you had one... but I had a PayOption, (later called the PaymentAdvantage Hybrid) which, was a very exotic mortgage, that was often sold deceptively.

And I'm not allowed to really talk about the settlement details, since Bank of America had me sign a consent order forbidding me from talking about it... but, I want to tell you. In my particular case, I had a strong argument because... the Truth-In-Lending disclosure provided to me, had a bogus effective APR (based on the teaser rate, not the real rate of the loan)... and had me able to make the loans minimum payment through 2011 (in reality, my loan recast in 2008). My adjusted "reset" payment, was also very different, than the actual payment the loan reset to. The disclosure also showed an Interest-Only Payment, while my required payment was a Principle & Interest.

My case was very egregious. So, they were willing to make this problem "go away". I would seriously tell you, to go through everything with a fine tooth comb, and try, to obtain all your original documents (such as the Loan Application, and disclosures). Bank of America STILL has all of the original applications for these loans, saved on their computers. I still had my originals, including the folders, and the little booklet discussing the loan from Countrywide (it has a little flower garden on the front.. and a brick mailbox).

Another interesting argument, was the completely made-up income, put together by my Loan Officer, for a Job & Position, I never had. BoA's only defense was that I signed the document, stating the information was valid. I countered that I never actually read those documents and that I'm not even sure I signed them.

The Loan application, on the final page... said that I had filled out the application, with the assistance of a Loan Officer "via the Internet".... the truth is, I had not applied on Countrywide's website. I had done the entire thing over the phone... using an old landline at the time. It was another argument, made by my attorney, showing fraud.

Everyone's situation is different. I just want to spread the information I can. You should definitely look over your loan @razmik. Maybe there is a similarity.

 

[moretrouble]

Have to be carefull about what you post on this forum. The big boys are monitoring. A few months ago, I was able to run my own background check and my purported foreclosures showed up. I ran it again this morning and my name did not show up. Maybe the background check service got a letter form ... you know who..

 

[gokjaraga]

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[moretrouble]

Found a good case Bank of New York v Karen Smith. Banks have 6 years to enforce the deed of trust; represented homeowner won, attorney fees awarded. Smith later filed a suit against BONY for FDCPA

The Bank of New York Mellon v. Karen Smith, et al

Other case filed on November 6, 2018 in the U.S. Court of Appeals, Ninth Circuit

dockets.justia.com

SMITH v. BANK OF NEW YORK | Case No. C19-0538-JCC. | 20190712748 | Leagle.com

ORDER JOHN C. COUGHENOUR District Judge. This matter comes before the Court on Defendant Malcolm amp Cisneros M amp C motion...20190712748

www.leagle.com

 

[moretrouble]

OHM's last two posts offered very good advice if you plan to keep your home. Just because the statute of limitations expires, the fabricated documents (notes, assignments) would automatically become valid. May not have claims for damages but facts still remain.. fake is still fake.

 

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[moretrouble]

My writ of execution expired without any scheduled sale. They have to file a new writ to do so, then I'll have at least 2 months to work on my complaint. Spent about250 hours; got up to speed, ready.

 

[Javagold]

My writ of execution expired without any scheduled sale. They have to file a new writ to do so, then I'll have at least 2 months to work on my complaint. Spent about250 hours; got up to speed, ready.

My writ expires in January but they got a Sheriff Sale scheduled for February after the expiration date.
Is that valid ???

 

[moretrouble]

I don’t know about New Jersey but here in Oregon, the sheriff has to file a Noticr of levy With the court, then post the schedu sale 28!days out, and all this has to be completed in 150 days, so I have at least two months to get ready. I would call the sheriff office and file an objection with the court.
similar to non-judicial sales, sometimes, they file notice of sale to toll the statute of limitations. My case, they scheduled a couple non-judicials then rescinded them befor they filed the judicial foreclosure. Total abuse of the system.

 

[razmik]

I don't know if we ever talked... but I know you had a Countrywide Loan. I don't know if you had one... but I had a PayOption, (later called the PaymentAdvantage Hybrid) which, was a very exotic mortgage, that was often sold deceptively.

And I'm not allowed to really talk about the settlement details, since Bank of America had me sign a consent order forbidding me from talking about it... but, I want to tell you. In my particular case, I had a strong argument because... the Truth-In-Lending disclosure provided to me, had a bogus effective APR (based on the teaser rate, not the real rate of the loan)... and had me able to make the loans minimum payment through 2011 (in reality, my loan recast in 2008). My adjusted "reset" payment, was also very different, than the actual payment the loan reset to. The disclosure also showed an Interest-Only Payment, while my required payment was a Principle & Interest.

My case was very egregious. So, they were willing to make this problem "go away". I would seriously tell you, to go through everything with a fine tooth comb, and try, to obtain all your original documents (such as the Loan Application, and disclosures). Bank of America STILL has all of the original applications for these loans, saved on their computers. I still had my originals, including the folders, and the little booklet discussing the loan from Countrywide (it has a little flower garden on the front.. and a brick mailbox).

Another interesting argument, was the completely made-up income, put together by my Loan Officer, for a Job & Position, I never had. BoA's only defense was that I signed the document, stating the information was valid. I countered that I never actually read those documents and that I'm not even sure I signed them.

The Loan application, on the final page... said that I had filled out the application, with the assistance of a Loan Officer "via the Internet".... the truth is, I had not applied on Countrywide's website. I had done the entire thing over the phone... using an old landline at the time. It was another argument, made by my attorney, showing fraud.

Everyone's situation is different. I just want to spread the information I can. You should definitely look over your loan @razmik. Maybe there is a similarity.

Thank you very much. Yes my loan was with Countrywide in 2007 and was called Hybrid. I remember it said in 10 years will rest. Mr. Cooper, during the mod, which never got approve a few times was giving me 20 years amortize loan with 7 percent interest rate plus tan and insurance.
Now I have to go and find the disclosures. I am not sure I have the application. I did the application either in their office or over the phone. You are right I don't even know what they put as income.
May I ask what happened after you settle. Do you still have the house or they pay you not to continue,
Mine is over 12 years fighting and still in the house. Thank you for your info

 

[moretrouble]

Hope everybody had a nice holiday rest. I suspect Rithm (old NewRes) exercised the call rights on my trust and now becomes the benefactor of my loan based on the $2,500 charged to my collection account for attorney, title, and court fees. And I had a call from Shellpoint last week (did not answer though). Spent time reading the NewRes 10K (annual report). So they spent 3 tenths of a penny to buy the servicing right for my loan, been collecting 5.6 tenths of penny annually on my loan (plus ancillary fees: inspection, document...) now they want the house too. That's how they 've been able to pay over 6 billions in dividends and the executives are making millions of dollars in salaries, bonuses, and stock options. Just read the income statement. All for making no tangible products that improve the lives of people, just from wheeling and dealing.

 

[razmik]

Wow...only in America and only WS people un New York can do it and can come up wwhit these ideas

 

[moretrouble]

New post on livinglies.com

Paatalo: If you don't think judges will listen, think again - LivingLies

Skeptics often confront me to say that judges refuse to listen to their arguments.

livinglies.me

I am following this case and studying the associated foreclosure case 16CV41437. This case was filed 3 months after my case. The homeowner must have spent tons of money for the attorneys proving my speculation that representation would not change the result. The result depends who the judge is. Homeowners in this county will fare better now since the two corrupt banks' judges in charge of foreclosure have now retired. Either you pay the attorneys or spend time and do it yourself, you pay either way. Actually, I am doing better because I don't have to pay$2,500/month for the injunction. Keep up the fight, guys.

 

[moretrouble]

Wow...only in America and only WS people un New York can do it and can come up wwhit these ideas

People with MBAs from Penn. and Harvard. Waste of intelligence and lives for a few dollars printed by the Fed.

 

[moretrouble]

Also in Oregon, you can file a Challenge to execution form (ORS 18.896) together with Notice of exemptions form ORS 18.845 to do the followings (before the sale occurs):
(1) To claim such exemptions from execution as are permitted by law. up to $50K
(2) To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed. The amount they seek ($600K) is much more than the balance of your loan in the trust ($150K, has been paid down over the years).
To summarize, to contest the scheduled sale, you can :
1/ File a challenge form as described above.
2/ File a complaint in the Federal court, expose servicing fraud: stealing from other investors and you.
3/ Last resort, file a tort complaint for prelim injunction. Will have to put down security deposits but will have other judge to look at your case.

Disclaimer: Not a legal advise, based on my opinion only.

 

[moretrouble]

Can you guys help me understand this:
"ORS 18.150
Judgment liens in circuit courts
(5)
A judgment lien does not attach to any real property of a judgment debtor acquired after the debt giving rise to the judgment is discharged under federal bankruptcy laws. Debts are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the debt has been discharged. "

Does that mean if my debt had been discharged in BK & before the judgment was obtained, there is no lien attached to my property, i. e. no enforcement allowed.