In while I was pregnant, unable to work and on dr. Ordered bed rest, my husband decided to leave us and stopped paying the bills.
I filed a request with WAMU explaining my situation and asking them to move the remaining 5 payments, that would come due during the rest of my pregnancy, to the end of my note so that I could return to work [as a paralegal] once the baby was born and resume my financial responsibility with them. My request was ignored.
WAMU kept sending me notices they would foreclose if I didn't immediately pay up, but they never responded to my correspondence to them. They never called me or visited me to find out what could be done. Eventually, I borrowed money from a relative to retain an attorney to protect me and my unborn baby and our home.
I had originally sought and was approved for conventional financing. However, because I had qualified for the home loan on MY income only, I had sought a property that would have immediate equity. I was able to achieve this by purchasing a foreclosed home and renovating it. Since I wanted the renovation monies rolled into my loan, I had been advised to reject the conventional loan and pursue an FHA insured loan. FHA has a program for renovations known as the 203k section of HUD, and it is specifically designed to help roll in renovation money for folks buying fixer uppers.
As we progressed in our efforts to protect our home, my attorney informed me that since it was an FHA loan I had some federal protection under the law and WAMU was required by FHA/HUD regulations to contact me, meet with me, and establish a workable plan. None of this has ever happened.
About 4 months into my arrears, near the end of my pregnancy, my attorney had me to post a bond into the court in lieu of making mortgage payments into the court. He advised me NOT to make payments until we went to trial. On his advice I did not make payments for 39 months.
We were set to go to trial this month. However, last month WAMU moved in the district court for a summary judgment claiming that I was a leach, a deadbeat, just sitting up in their house not paying and trying to get something for nothing.
Nothing was mentioned about the facts. Such as: WAMU violated Federal Law in their handling my mortgage; WAMU marked my credit file with "foreclosure" 3 years ago! Although we were not foreclosed; because of the derogatory credit marks, I have lost 2 job offers where the employer has specifically stated that was the reason.
There are many more crippling details to this case, but WAMU was able to stand in the courts in Dallas and convince the Judge that my lawsuit against them was frivilous and unsubstantiated simply because they made derogatory remarks about my character and my financial responsibilities.
I was NOT given an opportunity to be present before the Judge in the Motion for Summary Judgment. I have lost more than $90,000 in lost income because of their premature derogatory foreclosure remarks on my credit file, but that does not seem to be a consideration of the court. And the Judge was swayed of my character without ever meeting me or hearing a word from me although my biggest crimes were getting pregnant and then following the instructions of my attorney!
My attorney has told me we have lost and that we will have to move by the end of the month. But I thought I had recourse with HUD or an opportunity to sell my home, or something! And it seems they would have to serve me for a foreclosure, yet I haven't received any papers from WAMU or my attorney.
I have dozens of questions, particularly about my credit and the fact they have ruined me for more than 3 years already. Does WAMU just get to mess up my credit file forever? What about our judicial system? I am NOT convinced that our judicial system concerns itself with the average person at all, and when I file to protect my assets and my family why am I the bad guy in the Judge's final ruling on it? Did my attorney sell me out?
WAMU's assertion that I am just financially irresponsible and someone trying to take advantage of them seems like a tactic intended to deflect attention from them and the fact that it was THEY [WAMU] who violated Federal Law. It seems they believe the rules apply only to us poor slobs who are part of an economy designed to prevent us from accumulating wealth and force us to borrow money from them for the basics of life.
My experience with Washington Mutual has been exhausting to say the least. I would caution anyone seeking a home loan with them. And anyone seeking to use the 203k section of HUD for renovating a property, I would suggest that you push ALL of that paperwork in front of an attorney before signing on that mortgage.
Washington Mutual has earned a bad reputation here in Dallas for their despicable mortgage practices. I would that I had learned earlier rather than having to walk out a 3 year hell with them.
Joyce
Dallas/Ft. Worth metroplex, Texas
U.S.A.
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