I applied for a refinance loan through Residential Home Funding in the fall of 2006. Despite not having great credit, I was given a loan (albeit at a higher rate as I was trying to rebuild my life and credit during a brutal, now 7 1/2 year divorce).
First - I was sent the wrong documents to initial for a property in New York. NOTE: I reside in Connecticut! Then they requested that I return those docs to them (I now no longer have THAT evidence). Upon submission of pre-closing docs which appered to be reasonable in consideration of my situation I initialed and remitted. I closed on the loan (Dec), being rushed through the closing (20 min) as I was told I ddn't need to review as they were the exact same documents I already had received and initialed a week or do prior to closing. Despite demanding that taxes and insurance be escrowed, which were included in my payments to RHF, I discovered they were not being paid.
I did not discover my loan had been sold to Countrywide, few short months after closing on my loan, until the fall of 2007. The ABS (Asset Backed Securities) were apparently assigned to Bank of New York, which CEASED TO EXIST AS OF JULY 1!!! I had been paying RHF through the summer of 2007 until I discovered I had been sold to Countrywide. My payments had all been made and cashed by RHF. I had automatic payments set up my bank account which gave me no reason to question that my payments were in fact being made. Upon discovery I set up payments to Countrywide, yet I was served foreclosure papers on my loan for back payments which RHF took.
To add insult to injury, this not only did not help my credit which I ws trying to improve while supportinng my mother in an assisted living facility, suffering from Alzheimers, but it created more damage to my credit. Despite having submitted proof of my payments, Countrywide and one of THE two largest forclosure "Mills" in CT, continued to pursue foreclosure and served papers in January and the MERS assignment stating Bank of New York as the ABS was filed AFTER the lis pendes. Hmmm - how can a bank that no longer exists ACCEPT this MERS assignment to them if they are a deceased entity? How can Bank of New York be the Plaintiff in a forclosure if they did not exist?
Upon reaching a partial settlement of the marital residence in my still pending divorce just a couple of months later (a completely separate property), I immediately remitted a check for $44,000 to the attorney's office - thereby curing any default, plus all additional attorney's fees - despite the fact that this was due to the NEGLIGENCE of RHF.
I was an unwitting pawn in a pooling and servicing scam. I was ONLY given the loan from RHF because of the LTV - it was based SOLELY on the value of my home which was well over $1,000, 000 and I was borrowing HALF with a stated income of $11,000. If that is not PREADTORY I don't know what is. I still do not know what they have done with my escrow payments and now I find that RHF was not even licensed!!!
After being sold yet again, unbeknownst to me, yet again, I was now dealing with Bank of America after the collapse of Countrywidde - (yet another "glowing" corporation). The nightmare of dealing with them after breaking my back in June of yet paying until I could no longer afford the BALLOON RHF set me up for, not just an "adjustable", which was not clearly explained anyway...
The same thing has happened with Bank of America. Despite my innumerable requests for a modification/medition meetings, HAMP apps, NHA apps, etc, dating back to early BAC filed a foreclosure through Bank of New York Mellon - in September and did not execute the MERS assignment until ONE DAY after they recieved a Qualified Written Request from me in February... TWO-YEARS and FIVE MONTHS LATER??? (little obvious there)-
Once I obtained the MERS assigment I immediately looked up all the names, items that are indicative of "robosigning" and the document is RIDDLED with robosigners, fraud and discrepancies... That's another story from h*ll which is best saved for another "post", but the same fraud was committed - only worse.
I either have one GIANT lawsuit agains all 3 (RHF, Countrywide and Bank of America) or 3 individual suits - EVERY ONE OF THESE CORPORATIONS COMMITTED FRAUD AGAINST ME!!! Either independantly and/or collaboratively as a domino effect... I don't even know where to begin... From the beginning and work my way backward or start from the loans inception and move forward... They are all interrelated and after getting what little, mostly denied, information in my QWR the errors are beyond comprehhension.
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