BCMB1 Trust
LoanSafe Member
Don't want to tell my story because it is horror-filled, but will summarize. Here is a quick rant, having contested foreclosure for 13 months and going. Foreclosure was granted, but appealing and going through the courts and hopefully taking it all the way, or until settlement on my terms are reached. I see the trustee bringing foreclosure has already started talking settlement, but I'm not talking settlement yet.
Getting foreclosure granted gave them an upper hand, but as soon as appeal and examining original notes came about, they went settlement route quick. With questioning the loan documents and assignment, also throwing in the statute of limitations and injury caused by this mortgage fiasco, further weakens them. The idea is not to win but to negotiate to better terms without going through bankruptcy.
Chapter 13, with filing adversarial proceedings, is the same as going through courts outside bankruptcy. Still, you can refinance quick and pay them once you reach a low settlement amount. I don't want bankruptcy for now, but I may go that route if there is any way to weaken these wall street faceless banks. Please don't give up quickly because it will undermine your negotiation settlement, that is, if you have the chance.
Also, don't let them foreclose on you and lose all that equity. The second mortgage will foreclose (if you are not informed) unless you settle on their terms which is always very painful to the homeowner. The best bet is to put up a fight starting with filing a complain here https://www.consumerfinance.gov and educating yourself more about mortgage fraud here Mortgage Attack – The Only Way to Beat the Bank and here https://www.msfraud.org/ to see if your investors and servicers are fraudsters. If you have resources, get forensic mortgage loan auditing software and audit from the time of signing to the last guy.
A long the way, they must have hurt you financially, especially those that couldn't sell their houses or went the bankruptcy route. When things are going okay, find skeletons in the closet and start taking care of business. Since Boa officials told us over the phone to default on second mortgage so we could qualify for home modification in 2010, a lot have happened since then. First, we did that and they modified the mortgage, only to find out 9 years later, they only modified the first even after promising that we'll only be paying one modified loan for the 38 years.
Total fraudsters, I called them recently to ask about my second mortgage, the lady gladly said it went to Greentree sold by Bac home loans servicing LP, not BOA. And I asked, if not BOA how do you know it went to Greentree? and she gladly stated "Bac home loans servicing LP merged with BOA, NA, so we still have their systems".
I knew then that I had been robbed big time! FYI, if you are a countrywide home loans BOA victim and the trustee initiating foreclosure come with the note endorsed in blank using Michele Sjolander stamp, attack it first by hiring a court-approved forensic document examiner. 100% of the note was recreated and possibly stamped few weeks before the foreclosure hearing. I found out recently that all original promissory notes were destroyed sometimes back.
There is no original documents out there, but when courts or foreclosure is imminent, the scanned saved document is recreated like original and Michele Sjolander stamp is affixed. Check also here https://www.mersinc.org/homeowners for your prior servicer and investor. If different from the guys trying to foreclose, the second mortgage was bought and sold outside the MERS system.
The prior servicer on MERS should say inactive, meaning the mortgage has been paid in full or was sold. If active, then the same servicer should be the one trying to foreclose, and more so legitimately. In 90% of the cases, it says inactive! All these tactics and knowledge will give you an upper hand in negotiations not necessarily defeating foreclosure. Loan documents, assignments, injury, statute of limitations and few other strategies can help!.
Here is also another better read to prepare you as you face the fraudsters. https://www.debt.org/real-estate/foreclosure-defense/
Getting foreclosure granted gave them an upper hand, but as soon as appeal and examining original notes came about, they went settlement route quick. With questioning the loan documents and assignment, also throwing in the statute of limitations and injury caused by this mortgage fiasco, further weakens them. The idea is not to win but to negotiate to better terms without going through bankruptcy.
Chapter 13, with filing adversarial proceedings, is the same as going through courts outside bankruptcy. Still, you can refinance quick and pay them once you reach a low settlement amount. I don't want bankruptcy for now, but I may go that route if there is any way to weaken these wall street faceless banks. Please don't give up quickly because it will undermine your negotiation settlement, that is, if you have the chance.
Also, don't let them foreclose on you and lose all that equity. The second mortgage will foreclose (if you are not informed) unless you settle on their terms which is always very painful to the homeowner. The best bet is to put up a fight starting with filing a complain here https://www.consumerfinance.gov and educating yourself more about mortgage fraud here Mortgage Attack – The Only Way to Beat the Bank and here https://www.msfraud.org/ to see if your investors and servicers are fraudsters. If you have resources, get forensic mortgage loan auditing software and audit from the time of signing to the last guy.
A long the way, they must have hurt you financially, especially those that couldn't sell their houses or went the bankruptcy route. When things are going okay, find skeletons in the closet and start taking care of business. Since Boa officials told us over the phone to default on second mortgage so we could qualify for home modification in 2010, a lot have happened since then. First, we did that and they modified the mortgage, only to find out 9 years later, they only modified the first even after promising that we'll only be paying one modified loan for the 38 years.
Total fraudsters, I called them recently to ask about my second mortgage, the lady gladly said it went to Greentree sold by Bac home loans servicing LP, not BOA. And I asked, if not BOA how do you know it went to Greentree? and she gladly stated "Bac home loans servicing LP merged with BOA, NA, so we still have their systems".
I knew then that I had been robbed big time! FYI, if you are a countrywide home loans BOA victim and the trustee initiating foreclosure come with the note endorsed in blank using Michele Sjolander stamp, attack it first by hiring a court-approved forensic document examiner. 100% of the note was recreated and possibly stamped few weeks before the foreclosure hearing. I found out recently that all original promissory notes were destroyed sometimes back.
There is no original documents out there, but when courts or foreclosure is imminent, the scanned saved document is recreated like original and Michele Sjolander stamp is affixed. Check also here https://www.mersinc.org/homeowners for your prior servicer and investor. If different from the guys trying to foreclose, the second mortgage was bought and sold outside the MERS system.
The prior servicer on MERS should say inactive, meaning the mortgage has been paid in full or was sold. If active, then the same servicer should be the one trying to foreclose, and more so legitimately. In 90% of the cases, it says inactive! All these tactics and knowledge will give you an upper hand in negotiations not necessarily defeating foreclosure. Loan documents, assignments, injury, statute of limitations and few other strategies can help!.
Here is also another better read to prepare you as you face the fraudsters. https://www.debt.org/real-estate/foreclosure-defense/
Last edited by a moderator:
