My loan has been sold two times and after careful research I have found out that proper assignments of the Deed of Trusts have not been recorded by the assignees. Yet, I am being foreclosed off using my original lender.
I have tried to do a loan modification with ASC which is the servicing company for Wells Fargo Bank to no avail. What they have offered me is a forebearance which is not going to help me as my home is underwater by over 50%. Naturally for me as many others money is very tight and I could use some help to make this property affordable.
Even though these companies are breaking RESPA, Truth In Lending Laws plus CA. Laws, I can't seem to find anyone to aid me in stopping them. I was prepared to file a civil suit but have found out that will not stop the foreclosure. So now I am being forced into trying to file a Chapter 13. I was a person with a great FICO when I purchased this property, that is no longer true. I was a real estate investor who bought Trust Deeds and ended up having to foreclose on these properties to try and recover my money. This lead to defending over 30 cases, civil and bankruptcy, for a period of over 4 years.in defending them I spent all my resources, won the cases but lost my health insurance, my good credit and almost my mind. Now I am trying to recover from a Chapter 11 and a stipulation was a lien of $650.00 to the Trustee and I can't file a bankruptcy until this is paid. When I tried to pay the Trustee they told me that it had been sent to Treasury Department as uncollectable. I was supposed to have received a letter to this, I did not. Now I can't find out how to pay this so I can file a Chapter 13 to stop this illegal foreclosure.
I have been advised to go ahead and file with the hope they will not have blocked me so that I can deal with the lien and get it paid and stop this foreclosure.
After 4 years of fighting real estate fraud in Laguna Beach, CA. I am very tired of court. Number One reason is the criminals never got punished for their deeds. Forgery, fraudulent documents, phony notary signatures, bankruptcy fraud and no one did anything to them. So I don't have too much faith in our court and legal systems.
As a result of my experiences I now have a loss carry forward of $2,012, 000.00. A bad FICO, damaged health and a great loss of faith in our government.
I am having to do this Chapter 13 in Pro Per as I can't afford an attorney.
What is happening to me is getting done over and over. Yet, no one cares to stop it. The public is not informed that they are being illegally foreclosed on. Having dealt with real estate issues I am fortunate enough to know the right ways. It just seems that knowing this is wrong is not enough to stop them.
I am going to do my best to fight this once again. If they are going to foreclose on my property then they should go about doing so within the laws of the State of California and our Federal laws.
I am also fighting this on behalf of the people that do not know this is being done to them.
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