Most people voluntarily surrender their house at some point to the bank.
A few people resist the bank attempts to steal their house and resell it by going into the court system. Before you go to court, it is generally considered polite to try to resolve your issues by contacting your state Attorney General, the CFPB, your representative in Congress, legal aid society, and anyone else in the regulatory business. This is very time consuming and will require a lot of reading, writing, talking on the phone, and most people won't do it.
There is no one other that yourself who will do this work. It is very easy to give your house away. It is very difficult to keep it. The internet is now overflowing with reports of the experience of people fighting their mortgage companies. Most of them are stories of their unsuccessful efforts. There are a few successes.
To familiarize yourself with the issues, I recommend three good movies to watch, available at Amazon or Netflix or many other places.
The Big Short
This will cost you $30 and occupy six hours of your time.
If you decide to fight your bank, you should know that they all typically employ a crew of the best young lawyers in the industry, who work every day their allowable twelve hours for billing purposes, and continue to work all through the night earning bonuses and writing the necessary papers to influence you to surrender your house voluntarily or steal it by decree of the court. Their billing is paid up to date by their client, who finds it of no burden to expend 50 million dollars per quarter to pay hired help or pay whatever fines necessary to continue to accumulate 50 billion of free property. Public companies report their success quarterly. Private companies typically do better.
Now you will have to read the book Win Your Case by Gerry Spence. This will mentally prepare you to Win Your Case.
If you fight, your chances are actually pretty good, because their case is built on sand. You have Truth, Justice, and The American Way.
Let's go back in time a bit, even before the new CFPB published the 1800+ pages of RESPA-TILA/Regulation X of January 2015 currently being contested by SPS, but after the Great American Financial Crisis of 2008, after everyone was bailed out, after Dodd and Frank fixed everything in 2012, before we even imagined we were to embark on four years of litigation over a little house on 651 Simmons Mine Circle down in Georgia.
2 January 2014
Representative Paulette Braddock
Georgia General Assembly
501F Coverdell Legislative Office Building
Atlanta, Georgia 30334
Dear Rep Braddock,
This is a synopsis of what has transpired with my house. I have been working on a resolution to the mistakes the mortgage companies have made on my home loan for almost four years [now seven years]. The loan is Dept. of Justice eligible because the loan was improperly handled and lending laws and practices were violated. I am in a state of limbo with my house because the paperwork is so messed up or doesn't exist at all. I can't sell it and I can't refinance because of the fraudulent paperwork that has been filed by the banks. If I paid the loan off today, I am certain that they can't even provide me with a clear title to my property. The banks have fraudulently recorded two assignments in Gwinnett County on my house. I am trying to sort this mess out, the banks won't answer my Qualified Written Requests (QWR's), yet they continually report negatively on my credit. I am in litigation now with the banks, and one of the opposing attorneys admitted in August of 2013 that they don't know if they even own my loan.
The lawsuit with the mortgage companies was filed in utter frustration to the continual ignoring of my QWR's and requests for information pertaining to the ownership of my loan and who I actually owe the money to. I haven't had one servicer or bank willing to provide basic answers regarding my property. I have sent numerous Qualified Written Requests via Certified Mail to the companies servicing my loans, and I have not received any answers. They all acknowledge they have received each and every one of them but they all refuse to answer in general or stating it is 'proprietary information.' The banks are not willing to come to the table to resolve the issue. I even used the QWR on Sam Olen's website and still they refuse to answer. Additionally, I asked Congressman Woodall's office for help and they agreed to assist. They sent a QWR around July of 2013, and they never received a reply, just an acknowledgment of receipt. I have met with the Assistant Attorney General, Dan Walsh, and he has been helpful, but unable to resolve the issue because they don't have ample staff to investigate the issue.
Additionally, I have attemptd to do many loan modifications through the years. Through this process, I was told that my loan was NOT modifiable. I am eligible, the loan is not.
Because I never received answers, I have gone to great personal expense and done extensive research to find them on my own. I had a certified title chain and a securitization audit done. I found out many things were incorrectly done regarding my loan and property. A major issue is that there are two fraudulent deed assignments filed in the Gwinnett County deed records. The house had a December 6 2011 foreclosure date set and these fraudulent documents were filed shortly before the foreclosure date. I believe HB 237 passed in 2012 has significant reason the banks will not answer my QWR's. The unintended consequence of this bill is that my loan continues to be in a state of limbo because the banks can't come forward with their fraudulent paperwork or lack of proof of ownership.
In my quest for answers, I've found many others in a similar situation where their house is in limbo, they can't re-sell their homes, they can't get clear title, they can't refinance their property, they don't want to invest in fixing up their property if they don't have a clear path to ownership, and the banks are reporting negatively to credit bureaus in perpetuity because there is no resolution. The home values are substantially less than the market will bear and it is getting worse because of the lack of investment in improving the property while they are in this state [of] uncertainty.
I have spoken to Kevin Harvey the Registrar of Deeds in Massachusetts, and they threw out all fraudulent deeds and are requiring mortgage companies to attest to the authenticity of documents. They are about to institute a rule that mortgage companies have to participate in a mediation with homeowners before they can foreclose on a property.
What is most problematic for me at this time is that I am in the midst of a Federal background check for a new position I have recently taken, and the continuous negative reporting to my credit puts my continued and future employment in jeopardy.
On August 21, 2013, my attorney Nancy Burnett and I met with Elizabeth Campbell, the opposing counsel for SPS and Wells Fargo. Nine months into civil case Ms. Campbell told us both that she didn't know if either company owned my loan, and told us that we would NEVER get discovery in our case. My civil rights are being violated and so are the private property ownership rights of countless others.
It appears that my loan is not enforceable due to the fraudulent activity on my paperwork or the fact that my paperwork doesn't exist. Instead of coming to the table and trying to settle something and give me the answers I've been seeking, the mortgage companies have been stonewalling me hoping I will give up and go away. I've been in the lawsuit for over a year now. There are eleven opposing attorneys so far fighting against me in this case. It is expensive to litigate and they know it. They refuse to provide basic discovery and are using delay tactics to keep the lawsuit going and my expenses climbing. They have fought hard to have the case dismissed and circumvent the legal process to avoid providing discovery, including [re]moving the case to Federal Court and filing for dismissals. I have two attorneys working on my behalf to attempt to resolve this issue. My attorney Wayne Charles had to file three answers over the Christmas holidays to prevent the case from being dismissed and I'm praying the judge will allow the case to continue on.
I've included several attachments for your review. You will see that I've exhausted every avenue possible. Why should I be left physically and emotionally drained, not to mention penniless trying to seek answers to such basic information that as homeowner I'm entitled to.
Please help resolve my housing issues.
s/ Steven Bivens
Barack Obama was President back then. He is no more, and we are still discovering, and still litigating, and still representing a CLASS of people Just Like Us. This website wasn't here yesterday, but we are alive today.
These are the records of a homeowner who has been in contention with a mortgage servicer since 2012, asking very basic questions. We are still in litigation today, asking very basic questions, and wanting to remain a homeowner. Five percent of American homes are foreclosed every year now, and homeowners become renters. Correspondingly, five percent of homes change status from 'owner-occupied' to 'investment property,' with government financial support. We are enriching investors, and dispossessing owners. BTW, did I already mention attorney fees?