Anyone else want to go after Countrywide Home Loans under the RICO Act?
Countrywide Home Loans has erroneously recorded payment information, ignoring requests for corrections of forwarding addresses on statements, changing facts of records, relaying false information to the consumer/client which misleads and misrepresents accounting causing the foreclosure and subsequent auction sale of my home.
I was paying my mortgage payments to Countrywide Home Loans as directed by the courts and my attorney pursuant to our Ch. 13 plan. After paying eight months into this plan, I had to appear in court because Countrywide Home Loans filed a Notice of Motion and Motion for Relief From Automatic Stay of the bankruptcy. This means they had filed a complaint with the courts that I was not paying as agreed (states 8 payments remain unpaid?).
While in court, we were told by the attorney of Countrywide Home Loans (via telephone/televised teleconference) that if we faxed copies of cancelled checks, providing proof of on-time payments, he would get back with us and reconsider the motion, and we agreed. Within a few days I was able to get back copies of all my cancelled checks and took them to my attorney. While in my attorney's office, we were told by the attorney at Countrywide Home Loans that his work-load was overwhelming, after reviewing the file and cancelled checks he would get back with us as soon as he could.
Next, April 20th (Saturday) in regular mail (not certified, etc.), my attorney and I receive an "Order Granting Motion for Relief From Automatic Stay". We called Countrywide's foreclosure Dept. And we were told that our home was sold at auction the previous day. Because I demanded the customer service person double-check with someone else, i.E. A supervisor, she did speak with a technical person who handled these cases.
Within minutes I was told by this same customer service person that it was an error and the sale was not valid, but to check back within a few days, the tech's require our follow-up if we want this fixed in a timely manner. Two days later, another customer service rep from Countrywide left a message on my answering machine, "the sale was valid". Since then I have also been told by the Work-Out Dept. That it was noted in our file, "the sale is being rescinded". Since then this same person has read in our file, that another Countrywide employee noted that April and May payments were not made.
Most recently I've been told that it was also noted in our file that our first three payments, since the Bankruptcy, hadn't been made.
Now countrywide has our documented cancelled checks providing hard evidence they received payments on-time.
To make a long story short, we have received an Unlawful Detainer; in other words - remove all personal property from the property and get out, or face further legal action. I filed and answer to the Unlawful Detainer, but time is running out. Next I believe I need to file an action to Quiet Title, which would include a Lis Pendens and other appropriate causes of action. NOT ONE PERSON at COUNTRYWIDE HOME LOANS is sure what is fact or
fiction about our situation.
We desperately are in need of a resolution, we have over $100,000 in equity at stake!
If anyone else has experienced similar circumstances with Countrywide Home Loans, PLEASE CONTACT ME IMMEDIATELY. I will jump at the opportunity to join a class action lawsuit, or hire the attorney to start one.
Thurman
Temecula, California
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