My Mortgage Company is stealing my money--and my home! A new definition of "Home Robbery"

Denise, you are correct. These homes are being stolen - but are being masked as legitimate foreclosures.

My case illustrates it very clearly. The following was taken from a recent letter I sent to almost everyone listed in President Obama's Executive Order 13519, signed on November 17, 2009, ORDERING the members of the Task Force "to investigate and prosecute significant financial crimes and other violations relating to the current financial crisis and economic recovery efforts, recover the proceeds of such crimes and violations, and ensure just and effective punishment of those who perpetrate financial crimes and violations." (Id. Exec. Order)

In 2002, at the request of the House Financial Institutions Committee, I presented testimony that Bank of America and Bear Stearns’ EMC Mortgage were trying to foreclose on my lawfully-owned home, when the uncontestable evidence proved I never missed a payment. An ABC affiliate reported on my visit for its investigative series titled: “Mortgage Mess”. Shortly after Part-V aired the station pulled my story and the #1-rated reporter’s employment terminated.

In 2004, a Biglaw law firm took my case to trial where EMC admitted they didn’t even own my home. EMC also testified I was never in default, actually overpaid, and admitted they saw Bank of America’s errors, but rather than correct the mistakes, they “just decided to steal Mr. Wright’s home and equity”. Within seconds, the judge shut down the trial; later recused herself, and my attorney withdrew. The court transcript was tampered with and at least 20 minutes of testimoney plus EMC’s admissions of guilt were removed.

{How could the court(s) allow Bank of America and EMC Mortgage to repeatedly file for foreclosure against the same property for 10 straight years?)

In 2005, I was flown to Washington D.C. to meet with four FTC attorneys, where my preponderance of evidence launched an FTC investigation; resulting in a paltry $28 Million settlement as restitution for 86,000 victims of EMC's illegal acts. People who lost hundreds of thousands of dollars in equity - plus their homes - were given checks for $446.00. As the whistleblower, I received nothing.

In 2006, and without a court order, EMC solicited 4-armed constables to also commit an unlawful act and evict me from my lawfully-owned home. In the process, someone found the key to my lock-box and took my birth certificate, baptism certificate, social-security card and my “mortgage”. (Last week I read the transcript of a former EMC employee who said EMC steals identities and uses the information to create fraudulent loans to sell on Wall Street. Not surprizing.)

In 2007, after hearing about my case, a law firm flew its top 3 lawyers to Dallas by private jet to meet with me. Within 30 minutes, the founder declined, stating: “There is so much corruption in this case by a bunch of crooked lawyers, including your own… and all of your judges.”

In late 2008, I filed suit against EMC, Fulbright & Jaworski and the constable. Only four days after the constable was served, a hearing was held to dismiss the constable. At the hearing, the constable’s lawyer was sworn in and testified (with the constable sitting in the courtroom) that his client “was not present during the eviction”. In response, I presented the court with a high-resolution photograph of the constable at my home during the eviction.

After telling me that he was holding me (a non-lawyer) “to the highest standards of a lawyer”, the court sanctioned me for harassment and dismissed my case. (The public holds "judges to the highest standards of a judge" and demand they follow the law, and it is obvious this judge wasn't. Then on appeal, the appellate court dismissed my case 12 days before it was even due.

In 2009, I discovered what was behind this fraud. During the Savings & Loan Scandal, my 1987 non-negotiable note was discharged in 1992 under the 1961 version of the U.C.C., and for the fraud contained in the loan origination – only nobody told me.

Recently, I recovered what Bank of America and EMC had falsely alleged to be my loan. A legal researcher and an expert mortgage analyst found: mortgage, accounting, securities, notary and recordation fraud; probable tax and insurance fraud, plus fraud against the government. The papers also show this single note was copied into at least three (3) mortgage-backed securities and sold on the secondary market. The big BAILED-OUT criminals had to steal my home of 20 years to cover up all its many frauds, but the evidence and truth remain.

I should be able to take the evidence into any court and seek redress for my severe damages. But now, after this unbridled lawlessness litigated me into poverty, I am being denied access because I can no longer pay the court fees. That issue is currently before the Texas Supreme Court.

For anyone who still believes in the rhetoric "They bought more house than they could afford"; my house payment was between 2%-14% of my monthly income. I had no credit card debt or car payment.

People need to understand these homes are being stolen, and I greatly appreciate Denise for putting the truth in writing.

Great blog Denise. Your thoughtful take on the synonymic definition of "home Robbery" not only rings true but after reviewing the story of Mr. Wright it conjures up two more words...... "Bank Robbery!" The people committing these crimes should be arrested and thrown in jail for the gravity of their crimes just as any other common thug would be.

After reading the blog entry I can't help but feel sad and angry at the same time. I used to work as representative on this one bank's collections department (which is most probably almost the same as people collecting for mortgage payments)and I've encountered a lot--I say--A LOT of computer errors that have occurred. What we could do was to simply apologize for the inconvenience and say that we will be submitting a case about it and even if you talk to my supervisor the same thing would be said. Now, these "cases" get reviewed and probably get properly modified in a ratio of 6:10. So what happens to the other 4 clients? well they go down the drain or they get modified after being tagged delinquent and after their credit report gets ruined, and having the credit fixed takes another long and grueling process. Not to mention that while you are in this process if the bank decides to "sell" your account to another bank, you go back to square one!! Jack's words struck me real hard, "..what a lot of people call the American Dream. I don't share that. This isn't the American dream this is a nightmare". This is a rip-off! A slap in the face!

I need assistance immediately and am desperate. I need to know who I can legitimately go to for help to stop foreclosure. I have not received foreclosure notice yet but have received a letter from AHMSI’s attorney, Moss, Codillis, or something. They say I owe around 4,000 in back house payments and I show i have paid them all except am only 1 1/2 mos. behind. They are posting my payments to a miscellaneous and suspense account. below are more details of my story. I need assistance immediately and do not know who to trust. Can anyone help me out? I am desperate.

My husband and I, about a year ago got 3 or 4 mos. behind on our mortgage with American home mortgage servicing, inc. We had to pay around 2500 dollars which we did not have and had to borrow from a friend who we still owe to keep from losing our home. In addition, we got put on a repayment plan that brought our note from 847 up to 1303.98 per month for the next 12 months. We have been struggling to pay it but have. In August of this year, however, I only paid around 500 to 700 dollars on my august payment. I set up a plan on our budget to pay by the end of october, the rest of august\'s note, septembers and octobers note. I called to let them know and they said i have not paid since june 2010 and that is not true. I went through all my records that I can find and did indeed find my money orders receipt showing i paid july\'s note and they (ahmsi) does show i paid on augusts note. Because I pay in pieces of the 1303.98, they put the money in a miscellaneous account. I think all my money is sitting there but everytime i call it is difficult because the people answering the phone are from india and there is communication issues. They are sending me as of last Friday a print out in the mail of everything i paid for the last year. I cannot wait to see this. I hope it shows where they have been posting my payments because I dont think they post them right. When i kept questioning where they put my payments they kept going back to a year ago when we were behind and they act like that is the reason i am behind now. But the repayment plan we are on and the 2500 or so we paid should have fixed all the late stuff from a year ago. I don\'t get it. The website of ahmsi shows we did make the june and july\'s payment and shows about half of augusts payment which is correct and june and july were sent in their entirety, not partial payments like i usually do sometimes. and they still posted them to miscellaneous and/or suspense accounts. Why did this happen adn how can i get it posted correctly. I am desperate here and can barely make the payment as it is. We are struggling so very bad and now my payments are not even being posted correctly. Trying to take care of this is stressful, taking time away from my new job which i must have to make these payments. They dont understand and i dont understand them. I need someone who is fluent in english as their native language to assist me.

Damage Resulting
see above - - I have crohn\'s disease among other illnesses (mental and physical) and it is extremely difficult to work. I did not get approved by disability on my 3rd try so working is very difficult; i have a lot of pain and fatigue. I can barely make the house note as it is. I dont need them to mess with me and not post the payments correctly. My life is HARD ENOUGH as it is.

WHAT I NEED IS AN ATTORNEY IN MEMPHIS TN AREA familiar with these types of mortgage companies doing these kinds of things and someone that can help me with this and not lose my home because I am paying!

Hello denise. Help please!The house is in Alma, Arkansas. I have been paying on the forbearance for about 5 years and it just gets bigger. I read your case and it
sounds so familiar except i never went to foreclosure.

hello I'm having ploblems with my mortgage with INDY MAC BANK because my mortgage was 1600 montly payments for 30 years and i pay my home taxes separetly,but i recibe a big bill from the treasury for 3600 dollars and we go to the treasurer department to make the payment and INDY MAC PAID IT FOR US but they never ask anything and my husband talk to them and told him to send them a chek for that cuantity and he do it,,but they never take off the small mortgage from our original loan ,,now we are paying 2000 each month and we dont know were to ask for help,,we dont want to lose our house,,what can we do? he talk and talk to INDY MAC they dont want to help us...this happens in CALIFORNIA,,,in SAN BERNARDINO COUNTY..PLEASE HELP,,WERE CAN WE GO,,WHAT TO DO??????????

Emc sold out to chase who is taking me down and not even cimmunicating to me. This fall I was sent notification of chase taking my mortgage. Later that my account was changing, later they were raising my payment thru the roof, later they sent paperwork saying I couldnt make my payments without talking to me or working with me. Ive sent documentation, trying to communicate with no return.dont know who to go to for help .

If a mortgage company does a loan modification, you have it in writing and they do not honor it hit them where it hurts...I will tell you how.

1. Write you senatorial and congressional office for your district.

2. Write a letter to your attorney general.

3. Write the local chapter of the BBB

4. Write the Securities and exchange commission (the can fine a bank for such practices).

Many of the resources I mentioned have it to where one can file a complaint online, and attach or mail supporting documentation to them. I assure you a investigation will be done and in the end you will get a little respect and perhaps keep your home.

Rich... yea well good luck with them... my case us also rife with fraud... I sent it to all of the above including the CFPB. You might also consider the FBI and the OCC... I sent them info too. The CPFB posted my claim on their website... they let Wells Fargo answer it with lies... then they closed it. Also there's the route you can try that since the Trust's are accepting deposits into them... against the IRS Rules for REMIC Trusts.. and the mandatory fine for that is that all the funds in the Trust are to be taxed at 100%... well I did that one too and guess what... the IRS just ignores ya. There is no law... unless you have money.

Who can I report this too when I make a payment of
1,153.22 and they give me a receipt stating that transaction but only apply 1,143.22 as payment made on the system. So when I log in to look at it I see that it says I only paid 1,143.22 but does not match the actual receipt of what I really paid. So what happen to $10.00. Okay then I call and email them of their error and my missing money. I even have a manager to call from a branch. Then they add the 10.00 later as a principal payment and turn around and reverse the payment the same day. Meanwhile the balance shows a deficit of 10.00. Where did my 10.00 dollar go and to whom. If the average joe was to steal 10.00 from the bank what would happen to them. So why is it the bank can steal 10.00 dollars from a customer and get away with it?