Back in due to not having a job, I got behind on my mortgage payments with Chase Manhattan Mortgage. They turned me over to their foreclosing attorneys, Kivell, Rayment, Francis, et al.
Prior to a foreclosure action having been filed against me, I made payment arrangements with Chase and even sent them $3,000 in a cashier's check to make 3 payments. My forbearance agreement was for 12 months. Prior to making my second payment, I went into OSCN.net to see if Kivell had filed the Foreclosure Petition and sure enough, even though I had a written Forbearance Agreement and sent my original payment of $3,000, Kivell's law office filed the Petition anyway.
I filed my own Answer and Cross Petition, pro se, and requested a Dismissal of the Foreclosure prior to making another payment under the Forbearance Agreement. None was forthcoming. I am still in my house because Kivell's office would not work with my Bankruptcy attorneys in working out a payment arrangement. I took Bankruptcy to keep them from taking a personal judgment against me.
This went on until October. Kivell filed a Motion with the Court to amend its Petition, which the Court allowed. Chase nor Kivell would do anything to work with me in coming to a remedy in this situation. I have lived in my house for 13 years. Oklahoma has the highest default rate of all 50 states. Tulsa, Oklahoma lost over 20,000 jobs since 9/11.
Kivell's office has been fired by so many mortgage servicing companies because of their incompetencies and they are still working as a foreclosure mill. I would like to sue this lawfirm for taking me into foreclosure while I had already signed a Forbearance Agreement with Chase.
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