Help please. I am pro active and will do just about anything to bring this comlpanies disgusting, reprehensible actions to the public eye. Ideas? This is a complicated case, as my former Legal Aid attorney said, one of his 2 worst ever. It didn't have to be that way but GMAC made it that way. They are not nice people.
My case was handled by New Mexico legal aid as I am disabled. I am a single Mom with a child with disabilities also. We have lived in this home for about 15 years. My home is a modest two bedroom, 1500 sq ft home in a desirable area of the city. The Judge just ruled in GMAC's favor on May 1. I must file appeal before May 31 but cannot afford an attorney so may have to do this pro se. The court house sale date is June 1 which I was just told per May 1 hearing.
My Legal Aid attorney was up against a cut-throat 'barracuda' of attorney for GMAC and fought hard. His funds were limited however for research, etc. My attorney had his own way of doing things and we disagreed on many things but he did put lots of hours in and worked very hard on my case, which I was grateful for.
The Judge had previously turned down 3 or 4 requests for summary judgment by GMAC during the course of this case, over 2 years. We had a trial set for February and it was changed to June because the original? Day was not enough, we needed a full day. Hearing. I personally think GMAC used this to their advantage and had a plan all along to make sure this trial never happened.
At a hearing the first of May GMAC attorney asked for summary judgment, yet again, only this time, for some reason, the and Judge ruled in their favor! I was not there as my attorney called and said we had a hearing, I did not need to be there and I would not be able to give testimony anyway. I thought he did not want me to be there so did not go. He was confident we would win. I did not realize I could lose my home in that hearing or would have been there for sure. I felt like I had been punched in the stomach when my attorney told me GMAC won. They convinced the Judge I had to refinance my loan when a previous court had ruled I did not have to refinance.
My attorney had told me all along if we lost with this Judge, he would appeal it all the way to the Supreme Court. He just told me yesterday that his bosses said he cannot represent me on appeal despite his request to do so because their funding has been cut, they need to take more cases and fewer of the big cases like mine, etc. I am on my own. I have a sale for my home set June 1 at the court house. I thought I had a trial June 29 which I could have witnesses, and state my case etc, but the Judge canceled that!
The past two years have been so horrible, thanks to GMAC, and for my young son very damaging. He loves his home. We have had people by the droves, for over two years, parking in front of our house starting pointing who have picked our house up on some foreclosure list somewhere. I have to keep the front blinds shut all the time. My son has many illnesses but became suicidal over this for awhile and worried someone of them might break into our home and kill us. This has been very serious. He goes to counseling weekly and on medication. Just when I think this is about over, now this order! GMAC Mortgage, is a huge conglaumerate company without heart or compassion anywhere I could find. Ditto their attorney. They prey on the "little " people during the worst times of their lives who cannot usually afford attorneys so just give their homes over to these creeps. As my attorney said "it is like taking candy from a baby for them".
Since the Judges order of May 1, people, real estate investors, loan sharks, people who want to buy my redemption rights, etc are coming to the door ringing the doorbell driving us crazy. I am not answering the door anymore. This is upsetting my son terribly. I am trying to refinance but being on disability and with limited income and time to do this, it does not look good. I have always had the ability to get the $7,000 from my Mom to pay and reinstate this loan, and made it known to all, this Judge has ruled I have to refinance knowing I am disabled and I belive she has misread the law. I have made payments per her order faithfully every month, for 17 months, so proves I can make the payments and had made payments prior to the foreclosure being filed since October! No, I was not in default with GMAC. I had forebearnace agreements with Bank of America. They sold the loan to GMAC. Bank of America had accepted my payments for 11 months straight then sold the loan to GMAC.
I was recently diagnosed with rare disease which requires a surgical procedure out of state. I live in constant chronic pain from other problems and also daily severe stomach pains and nausea. I am not able to move now. How can I go have this procedure with all this going on? I will suffer until I do have it.
Is there any help out there? I will appeal this if I have to do it myself, although I am not able. I know GMAC is doing this to other people.
THE LONG, GORY DETAILS: Bank of America had the loan, originally in my ex husbands name. He qualified alone as I had been sick and out of work in order to lower our payment, interest rate, etc. Noting illegal immoral or wrong about that. We were married and community property state, New Mexico.
During divorce settlement process house went into foreclosure. I redeemed it and got a Reaffirmation of Note and Mortgage from Bank of America. Which was recorded in 2000. I also had a quit claim deed from my Ex to me in 1999. My ex never made a payment on this home even though the Judge ordered him to pay until the divorce was settled. We started the divorce process in 1999 but it did not end until 2002.
In during divorce process, the loan went into foreclosure as he had not made payments. I reinstated the loan by making all payments with attorney fees and was given a Reaffirmation of Note and Mortgage in my name by B of A. He did not respond to foreclosure at all. I was told at that point I was considered a co - mortgagor by Bank of America. They spoke with me anytime I called, etc. (All this time my attorney was advising me not to make payments until case was over as he was using it to show the Judge how my Ex was not adhering to the court order and better chance of getting him to make the payments, in the end. (He said all along he would see to it my son and myself would lose my home. Nice guy.) I did make some of the payments though to try and avoid foreclosure again. I never felt in danger o f losing my home with B of A as they were always willing to work with me and allow reinstatement, however, I do not understand why they sold the loan without giving me the opportunity to complete our agreement and or pay the amount due.
My ex had injured me during police reported abuse in 1999 and subsequent personal injury case was filed after divorce and settlement case was final, which I had to drop for lack of funds to prosecute.
I was awaiting Social Security Disability payments and back payments in 2002. I did receive it, in fall 2002 but not as much as I thought I would get.
There were about 6 payments owing on the house and another foreclosure filed (about May) but I made arrangements with B of A for forbearances explaining to them the divorcee illness, etc. They had sent me paperwork telling me I could do that to avoid foreclosure, again, as per FHA guidelines and laws, which was sent before they filed foreclosure so I knew it was coming but also knew I had the right to reinstate as I previously had and was told by B of A reps I could do again. I kept in regular contact with them. I told them if I could not get the forbearances, My mother would give me the money to reinstate but I had rather pay myself if possible. They were fine with forbearances or reaffirmation with me paying the back amounts owed, and never heard another word about the foreclosure. I even sent them money to pay attorney fees which they never paid to the attorney but credited my account for. I continued making my regular monthly payments to Bank of America, after forbearance months, from October until loan was sold to GMAC in August. Then the NIGHTMARE began.
It was a long divorce process and had to hire another attorney as my first attorney was so terrible the Judge even said I should sue him, in so many words. I hired her to appeal original rulings due to my original attorneys incompetence. She filed a motion to set aside the order for me to refinance my home in previous order the Judge gave me the house and said I did NOT have to refinance the home by any particular time, despite my ex? S attorney's persistence in requesting that from the court. However, she did not make sure the divorce file was documented (aren't attorneys wonderful!) with this Judge's decision which I believe may have been an issue, even though I disclosed this to the court and have tapes of the hearing but my attorney never used it in his fight for me. He had a certain way of doing things and usually told me he didn't want to hear it when I tried to tell him something I thought was important. Nevertheless, I was grateful to have his representation.
As soon as our Divorce property settlement was complete, my ex filed bankruptcy (about October) and included B of A. We, B of A and I, were getting to the process of a loan modification or adding on payments to monthly payments or me getting the money from my mom to pay entire amount due of about 7,000. When I received notice of bankruptcy, I immediately wrote and called B OF A concerned how it would affect me and that I was not and did not file bankruptcy too and wanted to satisfy this amount. I did not know he had any rights left on my home at that point to even file bankruptcy against it as I had done the reaffirmation, court awarded me the home and had quit claim deed. Later, after loan had been sold to GMAC, I received a document from B of A that his bankruptcy showed me as the Mortgagor and told B of A considered me as such.
I was told by B of A that as soon as his bankruptcy was discharged, would set up terms of forbearance and / or I could pay the amount due. I continued to make monthly payments to B of A from October until August. When Ex's bankruptcy discharged, B of A immediately sold the loan to GMAC without contacting me first to give me the right to finish the pay back terms of the forbearances or pay the total amount owed. I called B of A and was told not to worry, I was protected as GMAC could not change any terms we had (FHA HUD regulations and laws protect me) and would honor forbearances or I could pay entire amount due, about 7,000. My mother was going to pay it for me at this point for sure and I have an affidavit of this in court
I got a monthly statements addressed to my ex from GMAC. One showed showing 10,000 due which I did not owe. Never received and late notices or anything like that though. I immediately called GMAC in August and told them the home was in my name and I needed to make arrangement for forbearance amounts to set up payment or pay in full but '10,000 was not correct it was more like 6-7,000. The person said they could talk to me but needed proof I had ownership in the home, a quit claim deed, then they would talk to me. I was told they would honor whatever agreements I had with B of A once they received quit claim deed. I sent one to them plus reaffirmation of note and mortgage and divorce decree and told them I had Judges last ruling on tape from hearing that I did NOT have to refinance. (Unfortunately, the divorce attorney I had did not make sure Judge's order was noted in divorce file but I have the hearing tape.)
Every month I called GMAC and made all payments to them. They kept telling me my documents I sent must be? Lost? Or? Misplaced? Or? Gone to wrong department? So I sent them again, and again. Still they refused to talk with me about the loan saying no record of quit claim deed. I was so frustrated as I was very sick at the time and it was just outrageous they lost all the documents I sent. Besides, I reminded them it was a matter of public record they could check themselves. I kept making payments and they accepted them. I had no idea they could file foreclosure against me. I kept thinking they would eventually? Get it together? And contact me so we could get this settled. I became very ill in November and was in the hospital.
In January had to have emergency lifesaving surgery and had complications. I was in the hospital 15 days. I normally sent payments at end of each month to get there by the first. I called them to tell them I was very ill and would send the payment for February as soon as I got out of the hospital and was able, by the 25th of February, which I did. They said OK would note the record.
I heard nothing else from GMAC but the first part of March I was served with foreclosure papers against my ex (named him as Mortgagor) and me and myself named as a person who? Might have interest? (with a quit claim deed!). I immediately started contacting GMAC and documented everything. I was told same old story? No record of my interest in home even though their attorney? S foreclosure document mentioned my quit claim deed. I told them B of A said all information was sent when loan was sold and I had sent it myself to them at least 4 times at that point. Once, overnight mail in October so I had proof. I sent it again. Again, same story, no record of it.
I wrote a letter to David Applegate's office, Top person at GMAC, and received a letter of apology in promising a work out but still could not get anyone to call me back or start the work up despite many phone calls and faxes. Some reps told me the same thing when I would call if they had proof I had a quit claim deed, they would talk to me and discuss the loan, what was due, make arrangements for payment, reinstatement, etc. I sent a letter to the attorney telling him this foreclosure was a mistake. I have countless pages of documentation for contacts with them and efforts spent trying to get hold of them to resolve this. No one would help me, even when I mentioned the apology letter from David Applegate's office.
The end of April (almost 2 months after foreclosure was filed, I (addressed to my ex) received my check back from February with a form letter from the attorney telling me about my rights (ex husbands rights) to avoid foreclosure. This after foreclosure had already been filed!
I went to HUD rep here locally. When she called GMAC, in June they told her they had no record of me having interest in the home. She told them I did as she had seen the documents. Finally they told her they would not cooperate with the HUD rep in work out as this was in foreclosure but to contact their attorney with proposal for settlement, which I did in June.
Again, I had no previous notice that foreclosure would be filed. I filed complaints with every entity I could think of to try and get help. One thing I found out that even if the Mortgager does not adhere to HUD FHA laws they will not help you once foreclosure is filed even if the mortgage company did not adhere to their laws and guidelines of notice before foreclosure was filed. Most did not know their own laws and guidelines. There is also FHA/HUD guidelines which pertain to these loans when they are sold to another mortgage banker that terms etc. Cannot be changed.
GMAC managed to convince the Judge at the hearing May 1 that they had no such obligation to me that the rules only applied to my ex husband. Such nice people! It was strictly GMAC's perrogative if they wanted to let me reinstate the loan. I believe this is wrong for these reasons: 1. I have a quit claim deed 2. My ex-husband did not repond to foreclosure filed by B of A in 2000 and I did. 3. I paid all money due to reinstate the note and mortgage 4. I was given a Reaffirmation of Note and Mrortgage by Bank of America 5. My ex husband filed bankruptcy and included b of A 6. GMAC did have to adhere to FHA requirements for notice as I had been accepted by B of A to reinstate the hmortgage 7. I received my property in the divorce settlement, court order 8. The Judge ruled I did not have to refinance in 2002 8. The forbearances with B of A should have been honored as when a loan is sold all terms are to remain in tact 9. I tried before and when the laon was first sold to pay the amount owed. GMAC refused to talk to me. 10. They purposely showed me owing more than i did and refused to correct their error until the court hearing of May 1, therefore, delaying the process and incurring more and more attorney fees. There are probably many more reasons but I am in a fog now with all this stress.
I was told so many things by so many HUD people. I was almost always told that as a spouse the FHA guidelines for notice, etc applied to me. The head person in New Mexico told me to tell my Lawyer to check state law as that I had protection under that but never gave me where I could find this in the law. He said to have my attorney file a punitive suit agianst GMAC. I did much research on this because l was worried legal aid attorney did not have the resources to do it all. The man head of banking regulation in new Mexico wrote GMAC two letters but it took GMAC a year to answer him. Since it was in litigation, he couldn't help.
As my former attorney says, Congress needs to pass a law that these Mortgage Companies show clarity in their transactions for the Mortgagors for their protection. They use this to complicate and frustrate the poor Mortgagors. As it is they can say anything, the Judges believe them and rather than fight, most people just walk away from their homes not sure what their rights are. Their accounting practices are appalling. My attorney happened to be a accounting expert and could not believe all the discrepancies, misappropriations, errors, etc.in the accounting of GMAC. He could not belive what he saw and found.
I filed complaints with every entity I could think of to try and get GMAC to talk with me and resolve this outside of court. I believe GMAC retaliated against me for this.
I represented myself up until the fall of 2004 despite being very ill as legal aid was not able to represent me although they helped me fill out original forms to file. I wanted to ask the court for damages and the legal aid rep told me how to word that. Later, after they took the case I was told it was not worded properly so I could not ask for damages or fair housing suit? I am not sure that is absolutely correct though.
I always had to talk with the attorney for GMAC's secretary who tried to help me get hold of someone at GMAC and had difficulty herself getting them to call her back. I kept some of her phone messages to document this but unfortunately some were accidentally erased. She acted like everything would be fine and? Go away? Once I got hold of the powers that be at GMAC.
Finally, in June. Someone from GMAC called me back. I told her what had happened and she said I had to qualify for the prior forbearances again in order to set up a modification or pay back schedule. I told her I should not have to do that again and was worried I could not qualify by their standards, but can't win against GMAC! Even then though, I thought I would be able to pay what was truthfully owed and reinstate the mortgage. I never could get anyone to address the difference in what I owed and what they said I owed. Although they were not able to furnish proof of what I owed, even to my attorney after he took over. It was? Their way or the highway? Their record keeping was atrocious as would later be documented in court files, depositions. Etc. For my income I received disability check, child support plus some earnings on auction site. For three months of the summer of I sent information and went through? Qualifying? Process directly with GMAC I did not feel I should have to do but they left me no choice.
Before I was notified if I qualified or did not qualify, I received court filed documents by GMAC attorney asking for summary judgment, again, and hearing among other things. We were still in the? Work out? Process so this came as yet another shock to me. While GMAC was pretending to be directly working this out with me, their attorney was proceeding behind the scenes with the lawsuit with his fees escalating by the day.! Up until then it had been clear, as long as I paid what they said I owed, plus the attorney fees I could reinstate the loan. From the beginning I was willing to pay the approx. 6-7,000 when they first bought the loan to reinstate in August before any attorney was involved or foreclosure filed and did not feel I should have to pay their bogus amount they said I owed nor any attorney fees. I responded as best I could to this while lying in the bed with computer and fax machine on bed, running back and forth to the bathroom throwing up as I was so ill. I was bombarded with deadlines to respond, etc. From GMAC attorney. He was trying to wear me down.
I was never able to talk to the GMAC attorney at all until our first court hearting, months after the foreclosure was filed. I always had to talk with his secretary. At the first hearing, I was pro-se, he told the Judge I had not made payments for about 2 years which was a total lie and I had copies of all payments made. He also said there was no record of me ever contacting GMAC to resolve this. (Later they would produce phone records, that as shabby as they were, proved I had contacted them many times and I had copies of all correspondence). The Judge refused his request for summary Judgment at that hearing. At that hearing when I told the Judge not only had I been in contact with GMAC all along from the beginning when they bought the loan but their attorney's office had put me I touch with the? Work out person? At GMAC which I had been communicating with for three months straight without a work out plan. He then asked the Judge to order that I could no longer contact GMAC directly and must go through his office.
When I complained that they were pretending to do the work out while all along pursuing the suit, I received a? Work out plan? From the attorney directly and the GMAC Rep never called me again. It was impossible to agree to and setting me up to fail and they knew it. After proclaiming I could not qualify for the modification I received a written offer was I was told I could reinstate loan but had to pay the 12,000 up front, a new monthly payment from my current FHA ARM monthly payment of about $856 to about 1800 a month for three years then I had to refinance the loan! Another shock. They said this was a final offer which there was no negotiation on. I made a counter proposal but to no avail.interesting? I can't qualify yet they were going to qualify me for these outrageous payments they knew I could not afford.
I then went back to legal aid in the fall of 2004 when I was in total breakdown physically, mentally and emotionally from the abuse of this company and it's attorney. They agreed to take my case. The attorney there has the entire file on the work and filings he did in the course of this case.
I was told by my attorney that the attorney for GMAC is also a licensed Realtor. If so, I think there may be a conflict of interest there as he probably also gets referral or? Kick back? Fees on homes he sells through other Realtors, if taken in foreclosure by himself.
The Judge ordered in December that I start making payments to the court registry every month and I did, every month up until current time May faithfully. Only to have my court date yanked out from under meand GMAC be given a summary Judgment.in addition, I put money in the legal aid trust fund of 5,000.
One important thing. We had a mediation hearing trying to get them to accept what I really owed in the summer of 2005 and to try and settle this. They still refused and said I owed the excess amount then. The Mediator said at one point they almost decided to do accept our offer and reinstate the loan t but one of them said if they did reinstate? What if she gets sick again? That, I am told, is discrimination for my disabilities and I have a possible suit fo rthis against GMAC. I was still sick and yet had always made all the payments after the forbearances.
I was supposedly just an interested party and the suit was filed against my ex yet this foreclosure was fied against me on my credit report which hurts my refinancing this loan too. The other three parties of interest did not have it filed against their credit reports???
I had given my Mother a promissory note, lien against my home. She filed a notice of interest with the courts and GMAC attorney but the attorney nbever contacted her at all or told her of court dates. I am told this is a cause for problem for GMAC.
My court house sale is June 1 and the Judge gave me a period of redemption of 3 months afterward. It is usually 1 month. I have been given 3 weeks to try and get a refinance loan which I have tried before. The rate would be so high even if I can, my payments would be much more than they are now. This would truly be a hardship. If I could reinstate by June 1, which is almost impossible then I could avoid further attorney fees etc. No matter what happens here, I am going to pursue action against GMAC and their attorney.
, Finally in this last court hearing of May 1., GMAC admitted for the first time I did NOT owe about 3-4,000 they had originally been trying to collect from me! The attorney? Drug? It out in court so now I have his $10,000 attorney fees to pay no matter what unless I can win on appeal. His fees keep going up.
I know this is long. I apologize for any redundancy. I am just worn ouT from all this but will not let GMAC have my home.
In the event anyone is able to help me with this, please contact me thru this website. Blessings, Cathi
Cathi
Albuquerque, New Mexico
U.S.A.
0 comments