I have been reading quite a few of the reports on here and so have my attorneys. They advised me to post and ask if anyone might be interested in joining my lawsuit as a class action suit.
My story: I originally requested a modification in mid and was denied. When I lost my job in September I contacted them and told them I was concerned about being able to afford making my payments and wanted to find out what options were available to me. They said they could modify my loan based on need, but I could only demonstrate need if I didn't make my payment for 3 months. So, I stopped paying.
They never once attempted to contact me. When I received the Notice of Trustee Sale in March, I contacted them and agreed to enter into a forbearance agreement, requiring me to make four payments on time, in an amount exceeding my original monthly payment. I signed the forbearance agreement and sent all payments via either overnight or certified mail, so that I had proof I had sent them timely.
My last payment was due July 10, and I was still in the process of exchanging paperwork to help them determine what workout we could arrange. Like many other stories on this site, I sent them what they requested, then they told me it wasn't sufficient, and to send three additional documents. I then received a letter dated July 24, postmarked July 27, informing me that, due to not receiving ONE piece of paper, they would not be able to work with me, and would pursue other actions. I had been out of town, and didn't see this letter until August 2. On the 3rd, a real estate agent came knocking on my door to offer me "cash for keys".
Floored, I started researching and discovered that my home had been sold on July 30, only 20 days after making my final payment!
Here are some of the deficiencies we have found so far:
-required affidavits not filed with paperwork filed with county
-substitution of trustee filed a month AFTER the trustee filed a Notice of Trustee Sale (meaning they didn't have any authority to act as trustee at the time the notice was filed)
-breach of contract
-protocol not followed in starting the process all over again - if I had, indeed, been in default (as they are trying to claim), they were required to file a new Notice of Default, and start the process again
If you have any questions about your own situation, please feel free to contact me, and I will answer to the best of my ability. I am not an attorney, and I encourage you to find an attorney willing to give you a free consultation. And, if you find your situation similar to mine, please consider joining with me in this class action suit! You can contact me at: [email protected]
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