In summary, my family is fighting to keep our home from illegal foreclosure for the original Argent Mortgage Comapny and all it successors since up to and including the CitiGroup, ie. Citi Residential Lending who bought out Argent in July. I have had to be my own attorney in all our legal actions due to the fact that our income was stolen by the fradulent entries on our credit report by this group when we were trying to refinance to get out of their clutches. My government contract as an architect for border facilities was ended due to a failed background check thanks to this company's reports on my credit. I cannot afford an attorney now.
I have been fighting this battle since the spring of 2007. I informed AMC Mortgage Services president prior to the end or our three year right of recision period that if they did not return to complying with the terms of our mortgage, as they had illegally doubled our mortgage payment with numerous other items added on, that we would withhold our payments until they did. I did this notice to them twice with no response, which also included emails and direct phone calls and converstions with their office.
I later found out that the company had already put two negative reports on our credit due to their advice to hold payments for the month while they finished our refinance from our current loan with them as they would have our new lower rate loan ready in time. They lied.in July I lost my six figure job with the government as my position required an imaculate credit report for security clearance.
Their scam turned out to enhibit us from going to other mortgage companies to refinance as several others would not touch us because we were mortgaged by this current company and AMC knew they had us boxed in. They went to refinance us again and of course this time they quoted us outlandish rates and fees knowing they had us between a rock and a hard place. I said no and see you in court.
It is now July. We have been to trial court to defend against a foreclosure suit and filed a counter-suit of a million bucks. The judge took the easy road and handed them a summary judgment so they could foreclose on us and ignored my counter-suit.
I then stopped the sheriff sale on the morning of the sale with a chapter 13 filing. I am currently battling in bankruptcy court to keep our case alive as we virtually have no other debt and of course this judge is weak kneed when it comes to forcing the Citi Residential to provide the orginal signed mortgage I listed in my documents to produce that the judge oreder required of them.
I am preparing a breif for an appeal with the Indiana Appeals Court while I just disovered a new detail. A company cannot file suit to foreclose on a home owner if it does not own the mortgage prior to filing the suit. I have filed a motion with the trial court to dismiss its order, dismiss the suit and hand sanctions to Citi as the suit filed by the purported owner, WM Specialty Mortgage, LLC, as Citi is the Servicor, was filed the day before the day a purported article of sale was consumated by WM Specialty from Argent. The document filed with the county recorder, filed 15 days after the suit filing date of July 2, shows that the sale of our mortgage between Argent and WM occured on July 3 and the foreclosure suit document shows a court clerk filing stamp of suit filing on July 2.
Long story short, WM Specialty Mortgage, LLC., fradulently filed a document of sale with the county recorder that showed it did not hold ownership of our mortgage on the day that WM sued us for foreclosure. WM frauded the Court and in fact the sale document does not have a notary withness of the signer and the sale date of July 3 is typed except for the number 3 which is hand writen, another questionably fradulent docuemnt.
I have spent the past many months researching, filing legal documents and hoping and praying for justice. My reserch shows that we are victims of fraud, forgery of our closing documents of which we never received copies of nor did we get copies of the right of 3 day recission documents and multiple blatant violations of the terms of our mortgage by this string of scam companies.
All of what I have said here is court public record and can be researched by way of the Boone County Superior I Court in Lebanon, Indiana and by way of the Federal Bankruptcy Court, Southern District, Indianapolis Division, Indianapolois, Indiana.
There is soo much more to this that I cannot put it all down here or you would have to get lunch to finish reading.
I am trying every angle to pursue justice as we have been royally violated. I get angry when I see the news media lump all the mortgage problems we currently have in this country to blame it all on "those home owners who got sub-prime mortgages for loans they could not afford"! I had a six figure income and I was perfectly aware of the two year adjustible rate change and was financially prepared for it.
That was until AMC and company chose to violate the terms of our mortgage, created multiple fradulant appraisals of our home when in reality it turns out that the value was at all times below what our mortgage amount is, another of their scams. We did everything we were supposed to do including keeping our mortgage payments on time.
Now I am without a job, my wife is medically disabled and we have two young sons in middle school and trying our best to keep our home.
Currently we do not know who has our mortgage papers. No one will produce the orginals and the copies submitted to the courts all show cut and paste signatures on documents we have never seen before. Many of the purported signatures are only half showing and with names that are not our normally signed legal names my wife and I use to sign legal documents.
I have kept detailed documents and emails from the time we started qualifying for our initial loan from Argent to present day. They show bait and switch actions by them for the mortgage closing of which I documented and filed with the courts.
According to the law that I have read, if they cannot produce the orginal mortgage documents with our signatures for us to examine then they do not own our mortgage and thus do not have a case to pursue against us.
If I can get the trial court now to dismiss the case against us I am immediatley filing suit against Citi and WM for fraud and maybe ask the prosecutor for criminal charges. The Indiana Attorney Generals newly created Housing Protection Unit is getting updated information from us as early on they wanted us to keep them abreast of our court results and activies.
If anyone reading this can or knows of someone who can help us I am all ears as representing our case myself is very demanding of my time as I continue to try to get a new job. Someone who does this for a living will be a lot more efficient and knowledable than I am as I spend most of my time doing legal research just to come up to speed to keep our cases afloat.
Brad, preditor hunter
whitestown, Indiana
U.S.A.
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