The below is in part a response to the BBB in Houston, TX in response to an answer from Litton regardng original complaint:
A. Litton cannot produce a note demonstrating that they or their investor holds a legitimate note of mortgage on my property. They were only able to produce a note with the name ADVAHOMES LLC on it, who was the original lender. I have had three different servicers, so the note has to have been tranferred around at least twice.
B. Litton cannot produce anything showing said transfers of said note to them or investor or anyone else, although I sent them a QWR asking for said documents for a forensic loan audit, currently in progress.
C. Litton says in their response that because the mortgage was discharged in bankruptcy, that I am not obligated to pay it anymore. That's true, but it does not stop them from sending me two mails, one certified, threatening me with acceleration of the note and foreclosure, nor does it stop them from piling up as many fees as they possibly can to fatten their "note". Further, had they simply modified the loan to more reasonable terms than the confiscatory 11.5% interest rate, the mortgage would not have been discharged at all, but reaffirmed.
D. The Uniform Loan Applications which were not filled out by me, and I question whether they were signed by me or not, considering the following items.
E. An Underwriting Summary with crossed out and re-handwritten numbers, not disclosed to me.
F. A TILA statement where the date and signature looks like a forgery, I doubt I ever signed this.
G. A Good Faith Estimate where the signature and date seem odd, I am not sure they are my writing. Further, I was not told there would be two mortgages or that my payments would be nearly as high; the 257.00 looks like it was added after the fact.
H. An "application" where the writing is clearly not mine.
I. A lead-based pait disclosure that was not signed by me at all and required it.
J. An "allonge to promissary note" - not even sure what that is - without a signature and apparently not disclosed to me.
K. Also note the interest rate, a confiscatory 11.5%
Bear in mind that this company received over a billion dollars in TARP funds and an additional 500k in HAMP funds, and still refuses to correct a predatory and fraudulent mortgage.
All I asked of them was to make right a bad mortgage, but considering their adversarial stance to what were then my diplomatic and cordial overtures to them to ease the economic burden on myself and my family, and being as how we now have evidence of fraud on the part of the broker and title company and possibly others, it appears they at least in theory have no proper claim to the note on my property or authority to hold a lien or collect payments from me. Therefore, I want said lien removed, before I report the TILA and RESPA violations to HUD and other parties.
Considering Litton is a recipient of over a billion dollars of government money, if they end up with the enforcement arms of these entities all over them, it's Litton's own fault.
0 comments