My problems with WAMU began in November with a series of misposted and non posted payments, inaccurate escrow and principle accounting, unpaid property taxes, address issues all leading to a wrongful foreclosure. Through a series of phone calls, faxes and actually going to the local branch for help this further lead me into an unknown consumer twilight zone of sorts. I got absolutely no action, no response from the entity that controls the roof over my head.
October was the first written notification WAMU sold my home in March.in December of I was served my first eviction notice. I hired an attorney immediately. WAMU offered a settlement, then became non-responsive. The attorney advised that a lawsuit was my only option. I felt that if they knew they were wrong enough to offer a settlement I shouldn't have to file a lawsuit. I released my first attorney and retained a second attorney in order to execute a settlement.
Again, a settlement was reached with WAMU in early 2005. After four separate settlement agreements from early 2005 to late verbally and in writing WAMU again became non-responsive. I felt cheated from the thousands spent in legal fees for this so called negotiating with my second attorney that I realized he did not have the power to make them execute. My whole life was being consumed by this, physically, mentally and most of all financially. I felt it was time for a lawsuit to be filed. My then attorney was hesitant, so I released my second attorney. I was approaching my statues of limitations for wrongful foreclosure in Texas and had to act fast.
Prior to obtaining legal assistance for the third time, I decided to contact WAMU one more time directly! I wanted them to know me, acknowledge me and most of all fix the problems they caused me. I made a video tape of myself giving a brief speech, a power point presentation, and a Settlement Demand letter all of which were sent to WAMU's Board of Directors, OTC, FTC, HUD BBB, Texas Attorney General and several others. I finally received an email from WAMU's First Vice President and Counsel, Paul J. Battaglia.
Through a series of emails between Mr. Battaglia and myself, Mr. Battaglia represented WAMU as a company ready and willing to resolve the issues finally! Keep in mind we are in late 2006 approaching 2007. Mr. Battaglia wanted me quantify and justify my demands which were clearly outlined in my Settlement Demand letter.
Panicking I retained my third attorney giving him less than a month to file a lawsuit before my statues ran out. The lawsuit provided in detail all that was needed in order to answer the issues Mr. Battaglia questioned. However, since filing no attempts to resolve have been made by Mr. Battaglia or any representatives from WAMU.
I'm currently on my third attorney with WAMU being fully aware of my continual legal expenses. WAMU sold the mortgage loan to Wells Fargo in December almost four years AFTER foreclosure. The loan is still active, although the deed has not been in my name since March. I'm still charged for home owners insurance, property taxes, and interest. Annual escrow statements are still being sent. The last one is dated October. The attorney representing WAMU, Original Amended Answer to the Court, under Specific or Affirmative Defenses, (7) Plaintiff is not a consumer and, therefore has no standing to pursue an action under DTPA. According to my current attorney, no attempts to settle have been offered since filing the lawsuit.
It's unexplainable how WAMU offered settlement after settlement to me on numerous occasions written and oral without execution yet when a lawsuit is filed WAMU again plays the non-responsive game. Why are they allowed to do this to people's lives? Can anybody provide me any direction?
Amber
Austin, Texas
U.S.A.
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