I have tried to obtain an attorney regarding fraud that occured while refinancing our home in but can't seem to find one that is willing to fight someone as big as Countrywide, or the brokers who received large amounts of money from them and committed fraud in the meantime. We are now at the point of having to file Chapter 13 bankruptcy.
I am extremely upset that no one wants to accept any responsibilty for all of us who have gotten into this terrible situation with Countrywide Home Loans. It seems that everyone wants to allow this to happen and doesn't want to fight the big guys who have pretty much taken away everything we have to fatten their wallets.
We now don't have the funds to pursue this legal action, but fraud was committed, and no one is going to be punsihed for it.
The "mortgage broker" that processed our refinance with Countrywide Home Loans, "United Financial" brokers Art Baimkin and Don Dardashti lied repeatedly during the entire process. Countrywide Home Loans does not want to accept any responsibility that their lack of verification of HUD documents, or to ensure that stipulations in closing instructions they themselves require to fund a loan are completed. They are all responsible for my family to potentially lose their home.
1. We never signed a loan application and found out just recently that my husband's income was inflated by $5800.00 a month! They added $2400.00 a month in "overtime" pay and $3400.00 with a "Part time self employment of a owner/landscaper". This was never brought up, and now we have a falsified loan application that has "Don Dardashti" name on the application stating his employer is "Countrywide Home Loans". Countrywide Home Loans "fraud unit" though acknowledged this, states they are not responsible in any way. Do they not or should they not verify the information that they are accepting to lend money to?
2. On the "closing instructions" issued by Countrywide Home Loans there are two stipulations. One being that two of our credit cards would be paid off, and another that there would be a letter from a CPA stating my husband's "part time self employment" for two years. As there was not "part time employment there was no letter from a CPA, but no one can show me this supposed letter. These stiplulations did not take place but good business practice would have guaranteed these be verified.
3. On the HUD "Final' Settlement Statement, the original that was sent to us from a Norma Sorto from Virtual Escrow reflects the pre-payment penalty, but no credit cards being paid off and we had $7055.00 wired into our bank account as closing funds. The HUD "Final" settlement that is in Countrywide Home Loans Documents reflects that the two credit cards were paid off, and that we put down $11636.00 on this loan. Someone altered the documents that Countrywide has in their possession, and again, though Countrywide should have verified the information, they did not, and again according to them is not their fault.
I am filing a complaint with the California Attorney General's Office, and the California Department of Real Estate, but I am just sick that we will probably lose our home over someone committing a crime and getting away with it.
The escrow company, Virtual Escrow, that handled our refinance is no longer in business, and their assets are frozen, and are involved in a criminal investigation.
I have contacted Don Dardashti, who was sorry, and would contact Countrywide Home Loans to straighten this out, but what can he straighten out now? I don't know if United Financial is still in business, however I know that he is still saying that he still works for them.
I have had it
Modesto, California
U.S.A.
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