We did a refinance/home equity loan thru a company called Nations Credit in 1998, right after they allowed Texas to do home equity loans.
Through the recourse of everything, our loan got bought out by a company called Countrywide, then bought out by Wilshire Credit in Portland, Oregon.
We made our payments to Nations Credit, not knowing at the time that the loan had been sold out to another company. When we finally found out, we were several months behind, because the payments being made to Nations Credit had not been forwarded to Wilshire.
We went on for a while and then in 2003 my husband was diagnosed with a heart condition and we got behind in our payments. We then had to file bankruptcy in order to save our home and take care of some other bills. We paid on the bankruptcy for a while and then had a company that was going to do a refinance for us to clear the bankruptcy and take over the mortgage.
We started in the summer of 2005 to get a payoff on the mortgage on our home, but to no avail. Then in November we received a letter from Wilshire that stated that our home might be in foreclosure proceedings but that we might be able to work out something to keep it from being foreclosed on.
The letter was sent to our physical address which we have had since we went to the 911 process in January and we have not used the Rt. & Box process since then; but when I called the young man in Portland, Oregon and I finally got him to call me back, which was 3 days later on a Thursday, he advised me that I was too late and that they were scheduled to have a foreclosure on my property the following Tuesday on the steps of my county courthouse. When I asked him why I had not been notified from anyone, he said that it was up to the attorney's office to contact us by certified mail about the foreclosure sale. I advised him that I had received no such information.
When I then tried to call the attorney's office, they were real rude and curt and stated that there was nothing that they could do, that they were acting on behalf of their client and that the foreclosure would proceed on the following Tuesday.
I contacted an attorney that afternoon and they set me up an appointment on Monday morning and the attorney advised me that I could let them foreclose on the property and then file a wrongful forecloser lawsuit or I could set on the courthouse steps and wait for the agent representing the attorney's office to show up and advise them of what was going on and that we had not received proper notification.
So, that is what I did. I set on the courthouse steps for 4 1/2 hours for the agent to show up and when she finally did, I advised her of what was going on; we were not properly notified and that we had someone trying to refinance the house and that we needed a payoff, which we had already requested 5-6 time prior.
She then called her officd and advised them, and they agreed to pull the foreclosure for that day and we again requested a payoff on the house.
I contacted the man that was working on trying to get the refinance to get done and advised him of what we had accomplished and advised him that he again needed to fax a request for the payoff on the house.
We all thought everything was going ok, until mid December when I get a call from my husband at work and advised me that there were 2 men in the driveway and they were requesting the keys to our house for $1,000.00; I guess they thought that we would just say ok and go on, huh...
Well, come to find out, the went on with the foreclosure the first Tuesday in December without notifying us again of the pending sale. Now, I have had to hire an attorney to file a wrongful foreclousure lawsuit to try and stop being evicted from my house. Then my friend the local constable had the embarrassment of having to serve papers of a hearing on a Forcible Eviction and the local Justice of the Peace said that she had to rule in favor of the company for the eviction, because the had the temporary deed on the house; which happened to be FV-1, Inc. (Countrywide) who had either bought the note from Wilshire or Wilshire sold the note back to Countrywide (FV-1 Inc.); either way, now I had to go to court and be humiliated by the whole process.
Now I have some many days to appeal the decision, pay money to file the appeal; and now the county set a hearing date and notified the other law office, but did not notify us of the hearing; so needless to say, they showed up and we didn't so the Judge ruled in their favor.
Now with my new attorney, I have given all the papers to them on what has transpired and they both laughed at how they have handled everything. Well this all started in March; we got them to hold off on the eviction by adviseing them of an impending lawsuit for a wrongful foreclosure.
We still have the other company trying to refinace our mortgage. My lawyer worked out a deal thru the other attorney and they advised what amount we needed to come up with and take care of being able to keep our home. We got the paperwork together and had a contract for them to sign as well as faxing them a copy of the loan approval only now for their lawyer to advise my lawyer that his client had declined our offer without any explanation. When we have questioned again and again, but to no avail as to why they said they wanted their money and then when we get it all together, they declined the offer.
Now here it is, July 19th and we have until August 2 at 1:30 pm (lockout date and time) to figure something out. I have now found, again by accident and numerous phone calls, that Wilshire has sold the note to Wells Fargo; and when I contact them, they can't do anything until all the file gets transferred over and since they just bought the note on July 1 (after we had had already been doing the refinace thing through the other company).
Wilshire started all this mess and it could have all been avoided if they would have just advised us of the payoff last summer when we first started the refinace process; but they didn't want to cooperate and give us the information; but after the house was foreclosed on, I now have the payoff on the house that was provided by no other than Wilshire Credit. What do we do now?
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