Think you are safe from foreclosure because you never missed a mortgage payment? Think again!
You might just find yourself in the same shoes as Jack Wright. He has been desperately trying to Wright the wrongs of brought about by predatory mortgage servicing practices.
Image by opethpainter via Flickr
Jack never missed a mortgage payment, paid his payments on time and overpaid his escrow payments. Yet, when you read about Jack's case it seems abundantly clear that he is just one of the countless consumers caught up in a mortgage servicing fiasco that involves a mortgage servicing company trying to steal his home.
During one of the mortgage servicer's many attempts to do so, they were forced to admit, under oath, in a courtroom in Texas that 1) they didn't own the mortgage note and 2) Mr. Wright didn't miss any payments. In fact he had over paid his escrow accounts. You might be asking yourself -how could this possibly happen? That's what countless homeowners continue to ask as they worry they will face the same fate Jack has.
Mr. Wright is the founder of msfraud.org a site filled with articles, case-laws, consumer stories and insight into the insidious world of mortgage servicing fraud. If are under the false impression that you can't lose your home, as long as you pay your mortgage on time, read on...I guarantee you will find yourself feeling both vulnerable and a little less secure.
He shares his view of the Texas justice system and the handling (or mishandling) of his case in the below guest blog:
Mortgage Company Stealing my Home
At the opening of the trial, EMC stated to the court that they had made a mistake. They admitted they were NOT the Owner & Holder of my Note and therefore did not have legal standing to foreclose. This meant they had committed massive fraud upon the courts over these years by knowingly making false statements in their pleadings, affidavits, depositions and court hearings...read on...
TEXAS JUDGES RUN SCARED by Jack Wright
Texas, once the symbol of toughness, power, wealth, with its black gold and plenty of it seemed to separate the state from the others. Visions of cowboys sucker-punching steers to the dirt and killin' varmints with a spit of chewin' tobacco was only relaxed by that southern charm and hospitality.
Texas also seemed to have its own form of justice; fair, no nonsense and swift. If there's to be a hangin' - why not tonight on the way to the saloon? You would expect to see the slogan "Don't Mess With Texas" emblazoned behind the bench of every courtroom warning all who entered: "Mess with Texans and we will hang ya". That was when some of us were only knee-high to a rattlesnake. That was then; this is now.
I can't say everything is bigger in Texas, but fraud is. One civil case being passed around Texas courts like a hot potato, may run out of judges before any hangin' takes place. This is the case of one Texas landowner, who nearly 10 years ago, was targeted by the illegal enterprise of mortgage servicing fraud sweeping the country like a West Texas dust storm; where corporate outlaws manipulate the accounts of landowners to make it appear they are in default when they are not. The victims are swiftly overpowered and foreclosed upon before a cow chip hits the ground. Few, able to afford a lawyer are cattle-prodded from the courtroom with many opposing barristers threatened to a duel at sunup - or given a gold nugget and told to get out of Dodge. City, county and state officials and judges offer many of these corporate posses' and their kin a hitching post to set up camp in Texas where these armies of ravenous fire ants can safely continue pillaging while in full site of the state's timid lawmakers.
This fact was proven during a partial trial in 2004 when the mortgage company, EMC Mortgage of Texas, not only confessed the landowner was never in default, overpaid his escrow and they intentionally tried to steal his home and equity - but - also admitted under oath they never did own his home as they had claimed in all pleadings, hearings, affidavits and depositions over the years.
As the town-folk were preparing for a multiple hanging, the judge shut down the trial. When threatened that her decision would be appealed forever, the snake bitten judge recused herself and gave the bandits a stronger rope to lasso this guy-now forcing him into a fourth mediation. When the landowner refused to settle with this band of thieves, he was hogtied and prodded for 12-14 hours until broken and unsuspectingly had signed away his home - for free. Once the guns were holstered, a brave retired judge stopped EMC from hanging an innocent man, then EMC sued the landowner. The landowner's attorney then moseyed on at the urging of his firm's ethics board, leaving this penniless cowpoke to fend for himself against the law firm Fulbright & Jaworski.
The outlaws are still trying to steal this lil' house on the prairie while the courts refuse lawmen access to the secret records containing the guilt to hang EMC and the rest of their posse.
UPDATE: Sadly... Jack lost his home
View a couple of videos on Jack's story
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Most victims of mortgage servicing fraud have a common denominator....their mortgage companies do not provide monthly statements allowing borrowers to verify and track how their payments are applied, or if they were applied at all.
If you don't have access to a monthly statement that allows you to verify how your payments are applied -call your mortgage servicing company and ask them to send you a payment history schedule. You just might save yourself from your own personal nightmare. If you believe all consumers should be able to verify how their payments are applied, please sign my petition for monthly statements. If you are a victim of predatory practices, speak out share your story!
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I am writing this to you so that you will know that you CAN make all your home mortgage payments, never being late and STILL LOOSE YOUR HOME!!
This is currently occurring to me and is often referred to on the internet as "forced foreclosure."
The story: my loan closed 9/21/2007, Taylor Bean & Whitaker (TBW) being the "servicing" company. On Monday, August 3, 2009, TBW was closed by the feds (TARP, IRS/Justice dept., guns, etc). About August 20, 2009, I received a notice from Cenlar that they would be servicing my loan beginning 8/17/09. I did not make my August payment until in Sept, I had a 60 days delay time due to the forwarding of servicing thereby no late fees. I had NEVER been late w/TBW. Then later in September, I made the Sept. payment, my Oct. Payment paid in Oct. and Nov. payment to Cenlar.
In Sept. I had made a "modification" application because I am topsy/turvy in my loan (substantial decrease in property value vs. original finance amount). The first of Nov. Cenlar notified me that they could not do the modification, they are only authorized to "service" loans. They were forwarding my loan to OCWEN. I immediately began reading, on the internet, about OCWEN, and became very, very concerned as to their questionable reputation, law suits filed against for abuse against borrowers, etc. (do google, complaints against ocwen).
Due to the lowering of my taxes, through the county because of a decrease in value of property in this area related to SSSSOOO many foreclosures in 2008-2009, I had overpaid my tax escrow.
I had Cenlar pay my taxes (they had paid for my home owners hazard renewal in Sept., 2009) and they adjusted my account, refunded balance of overpayment to me, setup the transfer escrow for OCWEN. I thought everything would go as smoothly as it went when Cenlar took over my account from TBW.
NOT SO!!
OCWEN out-sources their customer service to INDIA and I contacted their customer service around Dec. 10th to make sure that they were aware that the taxes ($621.21) had ALREADY been paid. A male INDIAN told me that my account showed that, not worry, everything was ok. Shortly after, I received a phone call from a very, very rude male INDIAN who demanded to know my Allstate agent’s name and phone number in order to change the loss payee. I provided same; contacted my agent’s office in a couple of days to verify change was made, requested a copy of endorsement for my records. It was confirmed that the change occurred and endorsement from Allstate was on it’s way to me.
I made my 1st payment to OCWEN in Dec., looked at my account on-line, everything looked ok. Made my Jan. Payment on line, looked at account, all looked ok.
I received on Thursday, Jan. 21, 2010 (a week ago) my payment statement from OCWEN for my Feb. payment and ALL IS SCREWED UP!!!.
My escrow is several hundred dollars short (it should reflect $418.23) it showed , my payments lowered to $543, escrow lowered from $172.25 (monthly from payment) to $110!!! In getting on the phone I learned they PAID MY TAXES AGAIN, $621.21, 1/22/2010!!
The short of the long: their "tax department" is actually a company here in Ft. Worth named "First American Real Estate and Taxing Servicing Company." This past Mon. (1/25) I talked to a manager named "Claudia" at First American, who looked at my tax account w/the county while we spoke and she agreed, they had screwed up because the tax balance was a "0" having been paid on 11/12/09 for taxes due for 2009. She said she would get this corrected in a couple of days /w the county. I called back Tues.to check progress, could not get in touch w/ her.
I talked to the "onbudsman" person at OCWEN on Wed.(1/27) who said she would get it the error corrected. I told her, as I had told a supervisor in India and several other OCWEN people that they have broken Texas law because unless your loan is paid down to about 75% or so, state law requires ALL mortgage loans have the insurance (and taxes) escrowed.
This was immediately corrected (my account showed OCWEN responsible by midnight Wed. on my account online). HOWEVER, ALL they have done is fix my net viewing of my account back to the $605.21 payment for Feb. And THEIR records have evidently not been changed because tonight I talked to a person at OCWEN in Florida who emailed to me what she saw on HER screen re: my Feb. Payment is STILL SHOWING THE REDUCED FEB. PAYMENT AMOUNT AND THE ESCOREW NEGATIVE BALANCE" AND NO INSURANCE ESCROWED.
I see the hand writing on the wall: telling me (onbudsman) that things are "corrected" and it’s straightened out. Waiting for my Feb. Payment which I am NOT going to pay–they want money and will not timely get the money back from the county until whenever (at least 20 business days from date requested, according to the county). I am already getting shortage notices, requests wanting my "new" insurance company info (due to my insurance being escrowed OR not escrowed?).
This is a mess; this is directly headed to "forced foreclosure" due to the biggest crooks (worse than TBW) jicking w/my escrow. Everything was FINE until my servicing was changed because I needed help; well, I have CX my modification request, complete payment records are coming from Cenlar back toTBW 1/2009 (which I also got tonight at my account w/TBW, was surprised it was still available).
I DEMANDED thru the ombudsman that my account be returned to "status quo" because this had NOTHING to do w/me, I had paid EVERYTHING I was to pay and done EVERYTHING I was suppose to do and I did not cause this screwup, their incompetent employees/contracted or not, did NOT do their homework and pull my tax account at the county as is REQUIRED (by their own words) and I should not be involved in this batle what so ever; this ia battle between OCWEN, their "tax dept." and the county tax assessor’s office. The ombudsman person proceeded to blame Cenlar, can you believe that one!!!
BUT it doesn’t change what is happening: as long as OCWEN’s records (their computer info, which I was told is DIFFERENT than what I see at my account, interesting statement isn’t it!) show my escrow in the red, every time I make a payment, my payment will be short because they will be putting money in the escrow that is reflecting a lie, created by OCWEN and their "taxing department." And if my insurance escrow is done correctly, I'm quite sure that they will stick me w/THEIR insurance at much higher premium!!
It it quite apparent no matter WHAT evidence I provide them (i emailed as attachments copies of my Cenlar letters, records of payments and dipursements that they, Cenlar, sent to me in November), if they REFUSE to recognize them/it, this will continue and they will foreclose.
So, I will loose my home, even though I have never been late and done EVERYTHING I was suppose to do.
I am 62yrs old, live on S.S., disabled, I am a post-cancer transplant patient w/many medical complications, I cannot work and haven’t been able to for several years. I have no money for an attorney (one I talked to wanted $250 just to send them a letter!!–I am a college grad, certified paralegal before the cancer–bone morrow leukemia).
NO ONE IS TAKING MY HOME AS LONG AS I AM ALIVE!!!
dana priest in texas
I am very sorry to hear this -and my heart goes out to you.
You are sadly, one of many homeowners who are caught up in this type of nightmare that you can't wake up from. If you would like to email me, I would be happy to try and help you find an agency or attorney that can try to help you. I have heard from many consumers in similar situations who have not missed any payments yet find themselves caught up in a mortgage servicing fiasco. You can read some of there experiences here: http://www.givemebackmycredit.com/richardson_share_your_story.htm
I too have been in your shoes, having never missed a payment yet found myself caught up in a decade of battles proving my innocence to save my home. I know how difficult it is to deal with the anxiety that brings on.
Email me, and I will be happy to try and help you find an attorney in your area or some assistance through various consumer and/or government agencies.
deniserichardson (at) givemebackmycredit.com
You may also be interested in reading this:
http://www.auroraloanvictims.com/Page_2.html