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Established Member
Oorah
Posts: 26
Registered: ‎02-28-2012
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Need Help with Dismissed with Prejudice Mortgage

Back in early 2007 my mortgage sold to a conglomoration of Banks, Chase, JPMorgan, Duetsche, and Wells Fargo.  I did not receive a letter telling me where to make the payment, so I mailed it to the address on the letter informing me of the assignment.  My check was sent back telling me to mail it to another address in Utah, Utah sent my check back and told me to mail it to NC.  Now I have two payments due so I mail them both to NC, after three weeks, sent back and I was told to mail them to Ohio.  I am furious at this point and can get no help on the phone.  I mail the checks to Ohio and they are sent back telling me that America's Servicing Company serves my mortgage and I need to mail the payments there.  Three payments now due, I am raging.  I mail all three payments to America's Servicing Company and they send the check back telling me that they cannot accept payment because they have started the foreclosure process.  I sit down in tears and rage.  I am going to lose my home for no reason.

 

Two days later when I have rational thinking, I call my attorney, who refers me to another attorney that he feels can help me better than he can.  I go see this attorney and he looks at the paperwork and calls it unbelievable.  He attempts to get the bank on the phone for 15 minutes, then asks his secretary to continue to try to get a human as we talk.  He says he thinks this can be fixed easily, maybe with just a letter or two. and I pay him for his time.  At this point I have not been served with court papers and he thinks it is a plus that I have been proactive because he said most see him when they are facing the last days.

 

I get the court papers, we go to court and ask that this be rectified and the Judge orders mediation.  I am thinking I can save my house.  Mediation happens May 2009 and we accept what the bank puts on the table.  The reduced my interest rate, removed the late fees, and I am to pay $5000 and restart my payments.  Shockinly, they do not want a check that day.  My payments are to start in two months, July, and I will get new payment info, address, new terms, etc very soon.  Fast forward to mid June and I call my attorney to see if he has heard from the bank so that I can make my payment.  No he hasn't, so he calls their attorney and she is going to get on it.  August  2009 we have not heard anything so my attorney files a Motion to enforce mediation agreement.  Bank nor their attorney do not show up for court.  Judge issues order giving them 30 days to comply.  They do not.  He then files a motion to dismiss due to failing to comply.  Judge says no and gives them another 30 days to comply and orders them to pay my attorney fees for not showing up at the last hearing.  Again they do not comply.  Four months later they send me a modification package.  I told my attorney I did not want to apply for a modification, I wanted them to follow through with the mediation agreement.  We again wait for them to comply and they fail yet again, and I start receiving letters telling me how to avoid foreclosure by short sale of my home.  I am furious, I have been trying to pay them and avoid foreclosure for three years at this point.

 

November 2010 my attorney files another Motion to Dismiss.  Court in December, their attorney by telephone.  Judge asks if I have received anything from the bank regarding the mediation.  No.  He asks their attorney what she has to show that they have tried to comply, she has nothing.  Judge asks me if I have heard from the bank at all and I tell him I am getting info on how to avoid foreclosure by short sale.  He is not happy.   He dismisses with prejudice due to failure to comply with two court orders, and contacting me directly and not through my attorney.  

 

People may be elated if this happened to them, but it is not the end of the story.  I cannot get anything corrected on my credit report.  America's Service Company is still reporting negatively.  They are showing activity on the account Dec 2011 that I have no clue about.  I have disputed this info with the credit bureau's this summer and they did not change anything.  Now my report shows customer disputes info, with an added comment, foreclosure process started, even though it ended instead.  America's Servicing Company is showing on the credit report, but all of my court papers show the four banks which apparently the credit bureau's are not smart enough, or don't care is the same account. 

 

Going back to court again in January because the bank moved the file to another law firm and this firm is now trying to re-file the foreclosure, which my attorney said they are barred from doing for several reasons.  #1 The wording in the mediation agreement said that the agreement replaces the terms of the mortgage, therefore making the original mortgage invalid  #2 They did not appeal the original court order within the year allowed  #3 They did not pay my attorney fees which was ordered by the court which they have to do before they can take any action  #4 The statute of limitations has run out on the original mortgage even if they were allowed to file against it.

 

Any suggestions..........Anyone...........  I am at a loss   My attorney said this is all new territory for most of them, and is not well voiced on credit issues like this.  It seems that America's Servicing Company will continue to report whatever they want, and the credit agencies will not take any documention I provide that does not have America's Servicing Company on it.

 

 


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llecs
Posts: 32,881
Registered: ‎08-04-2007
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Re: Need Help with Dismissed with Prejudice Mortgage

Wow. I know they are bringing suit next month. Maybe your attorneys can counter sue with a stipulation they could be compelled by the court to fix the credit reporting.

Established Member
Oorah
Posts: 26
Registered: ‎02-28-2012
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Re: Need Help with Dismissed with Prejudice Mortgage

Thanks for responding.  The only problem I see there is that they haven't done anything else the Judge has told them to do, so I cannot imagine they would do anything in the future they are ordered to do.  Even if I get a court order when we go to court next month, it will still not have America's Servicing Co listed on it since they are not mentioned in the suit and I will face the same crap with the Credit Bureau's not accepting the documents I send.


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chasmith
Posts: 1,062
Registered: ‎05-26-2010
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Re: Need Help with Dismissed with Prejudice Mortgage

At some point the judge is going to get really, really upset and so I would definitely add the deletion of all credit reporting to what your lawyer requests.

 

At some point your lawyer should be asking for contempt of court rulings (for example on the failure to pay legal fees), sanctions against the attorneys, etc.

 

This really should be brought to the attention of the state authorities (Attorney General or other entity dealing with consumer protection).  Check whether America's Servicing is part of any of the cases brought by various entities, if so contact those.  But I wouldn't do anything without discussing with your attorney.

 

 

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Kevin5974
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Registered: ‎05-16-2007
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Re: Need Help with Dismissed with Prejudice Mortgage

Your attorney needs to send them a letter asking to change the reporting. Send it to opposing counsel. If not done in 30 days, file and ex-parte

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Oorah
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Registered: ‎02-28-2012
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Re: Need Help with Dismissed with Prejudice Mortgage

I did some research today and found that Wells Fargo and America's Servicing Company are one in the same, but America's Servicing Company has never registered to do business in FL or the Office of the Comptroller.  It will be interested in seeing how it turns out  They are filing for rackettering and predatory lending.

 

Right now I am not sure the attorney will do anymore before the hearing comes up at the end of the month.  Also not sure if the judge will do anything ex-parte considering this is a mortgage we are talking about.  He didnt allow the dismissal on the first motion to dismiss my attorney filed when the banks attorney didn't show up for court because he said it was the ultimate penalty.  Ironically, if it had been me or my attorney that didn't show up, I am sure we would not have been given the same latitude.  Instead, he ordered the second order giving them 30 days to comply with the mediation agreement.

 

My attorney thinks I am sitting in a good position now, and I don't want to put too much into the case for the Judge to have to decide on.  My plan is to see how things turn out at the hearing, and then push to have my credit restored.  If they do not pay my legal fees, I understand that I can file some sort of lien against them.  At least that is what a couple did to Bank of America and were paid when they showed up with a moving van to seize some of the banks assets.  Hopefully it will straighten out at the hearing.  Maybe there will be some discussion before the hearing between the attorneys.  I really just want to get the bigger issue resolved.  According to one of my credit reports the foreclosure falls off of my credit report August 2013, fingers crossed anyway.


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Shogun
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Re: Need Help with Dismissed with Prejudice Mortgage

What an absolute fiasco.  I'm hoping the best for you!


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Oorah
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Re: Need Help with Dismissed with Prejudice Mortgage


Shogun wrote:

What an absolute fiasco.  I'm hoping the best for you!


Thanks, and yes it is.  Lets hope that the August 2013 drop off date that is listed on one of my credit reports holds.  Hard to believe I have been dealing with this long enough for it to be old enough to drop off, seems like forever.


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starry1
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Re: Need Help with Dismissed with Prejudice Mortgage

That is a cluster of epic proportions. When do you go back to court? I'd be very interested in hearing what happens next.

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Established Member
Oorah
Posts: 26
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Re: Need Help with Dismissed with Prejudice Mortgage


starry1 wrote:
That is a cluster of epic proportions. When do you go back to court? I'd be very interested in hearing what happens next.

We have a hearing scheduled for the end of this month.  I don't think anything will stop it from going forward, hope not anyway.  I will be sure to post the results of the hearing, if I am not in a corner pulling my hair out.   I received a copy of the Motion to Dismiss that my attorney filed via email, and I was quite impressed to say the least.  It is lengthy, but makes it clear what happened at all of the previous hearings, and the banks failure to follow through with what they offered and both of the court orders.


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