Last year I filed a $350,000 Federal Law Suit against my mortgage company. Just before I filed it, the company filed Chapter 11 Bankruptcy. I filed for a Lift of Stay, and was told I could not do a telephonic appearance. I had to fly from Phoenix to Delaware only to have my request denied, My argument was that my suit was for the companys wrong doing, The US Congress made it clear when they wrote the Bankruptcy Laws that one could not hide in bankruptcy for several reasons including wrong doing. In My Case, this company violated two Federal Laws, Respa, and the Fair Credit Reporting Act, and one Arizona Revised statute, all of which state I am entitled to "FULL" damages, and "Punitive" damages.
I argued in court that the damages I was suffering were still on going and that not once in the almost two years they had my mortgage did they every properly service my account. I told the judge that even though I had sufficient equity in my home for a home equity loan so I could hire an attorney, I couldn't because this company had reported me 60 days late in violation of Respa, and when I filed a protest with the credit bureau, this company verified the 60 days lateness, in violation of the Fair Credit reporting act.
Even though Respa allowed me 60 days on the conversion of my loan, I did not need to take advantage of the law since I paid everything I was told to pay by this company. I called the construction loan department when I received an interest only bill from them. I told them my mortgage was to have rolled into a 6% fixed rate mortgage and they told me it had not been done yet. I prepaid the interest only bill I received from them. A few weeks later I got a notice of default. After seeral phone calls they told me it was their fault and that all I had to do was pay the difference between the interest I paid, and the actual mortgage payment that was due. I authorized them to charge my checking account with the approximately $800.00 difference, Instead, they charged me three full mortgage payments overdrawing my checking account.
Instead of liftingt the stay, the judge said my $350,000 Federal Law Suit would be considered as my proof of claim in the Bankruptcy Court. A few months later I found that my kidneys were operating at only 38%. At the hearing, I had told the judge I was a diabetic and the stress this company had me under was making me ill.
About three months ago my kidney specialist told me my kidneys had improved to about 48% and that I was stable. He told me he would see me in six months.
At about this time I got a notice from the mortgage stating my escrow account was $558.00 short and I had to pay this in one lu,p sum, or my mortgage payment would increase $108.00 per month. This shortgage was caused by the mortgage company because they failed to file the affidavit of affixture in a timely manner. For months I called them telling them they were not paying the correct property taxes, but they didn't listen. When they lowered my mortgage payments about $75.00 per month a year ago, I continued sending the $75.00 and noting the mortgage slip "escrow" for the $75.00. On several occassions they put the $75.00 into principal.
This is exactally what I told the judge months before that I thought would happen, and it did. After the hearing, the bankruprcy attorneys for the mortgage company had them remove the 60 day lateness from my bureaus. I knew I could appeal the bankruptcy judges decision in the Court of Appeals but I felt the stress would cause me physical harm so I resigned myself to wait for the judges decision and see if I received any compensation.
I called the mortgage company and spoke to two people who were nasty. I told them they should have absorbed this $558.56 because it was caused by their errors.They refused and from the conversation and refusal, I was very stressed. I thought of not paying the money and waiting for the to file documents so I could argue this again, but decided against it to avoid any additional stress. I paid the $ 558.56, and the new mortgage payment of
$ 497.14 with two checks. I sent them together with a letter and mailed them certified mail return receipt on July 1st as the documents called for.
On July 22nd I get an automated call directing me to call them immediately. I call and the rep tells me I need to pay my July 1st mortgage payment. I told him I did and that I was looking at a return receipt showing it was signed for on July 4th. He then tells me I owe $ 46.38 for not paying the full mortgage payment. I went through a complete explaination and finally he told me the $558.56 was in a holding account and ithad not been applied to my account but that he would do it so I would not get any additional calls. To make a long story short I got several calls from the nastiest and stupidest people I have ever dealt with. This current ordeal really stressed me ou! I even got a letter from them threatening to file a Notice of Intent to foreclose.
I felt so ill from this I went to my primary care physician and he ordered me to take a blood test.
During this period of stress, my kidney function went from 48% to just under 10%. Wiil my kidneys recover?? I don't know. I want to appeal the bankruptcy judges ruling on my lift of stay and to increase the amount of my lawsuit to an amount sufficient to cover my future medical expenses and transplant if it comes to that.
I have everything well documented! Names, dates, copies of correspondence, and even a letter I sent to the Consumer Credit Commissioner fearing they were going top score my credit bureaus late, which they eventually did.
For me to continue pro se will certainly have a profound effect on my health so I need an attorney. An attorney who is experienced in bankruptcy laws, and the FDCPA. The mortgage company is now a third party collector since my mortgagfe was sold in bankruptcy to another party. They are now in violation of the Fair Debt Collection Practices Act, another Federal Law. This is a vile company who obviously thinks the laws are made for everyone else. Is there an attorney out there who believes in real justice?? If so, I need help.
I promise you that in no way can this mortgage company claim I didn't try to communicate with them. I have a slam dunk case against this company but a judge who is protecting them. I am currently trying to get the tests I have had for the last several years so I can show that since dealing with thisw company my health has taken a dive, and I deserve to be protected and compensated.
I argued in court that the damages I was suffering were still on going and that not once in the almost two years they had my mortgage did they every properly service my account. I told the judge that even though I had sufficient equity in my home for a home equity loan so I could hire an attorney, I couldn't because this company had reported me 60 days late in violation of Respa, and when I filed a protest with the credit bureau, this company verified the 60 days lateness, in violation of the Fair Credit reporting act.
Even though Respa allowed me 60 days on the conversion of my loan, I did not need to take advantage of the law since I paid everything I was told to pay by this company. I called the construction loan department when I received an interest only bill from them. I told them my mortgage was to have rolled into a 6% fixed rate mortgage and they told me it had not been done yet. I prepaid the interest only bill I received from them. A few weeks later I got a notice of default. After seeral phone calls they told me it was their fault and that all I had to do was pay the difference between the interest I paid, and the actual mortgage payment that was due. I authorized them to charge my checking account with the approximately $800.00 difference, Instead, they charged me three full mortgage payments overdrawing my checking account.
Instead of liftingt the stay, the judge said my $350,000 Federal Law Suit would be considered as my proof of claim in the Bankruptcy Court. A few months later I found that my kidneys were operating at only 38%. At the hearing, I had told the judge I was a diabetic and the stress this company had me under was making me ill.
About three months ago my kidney specialist told me my kidneys had improved to about 48% and that I was stable. He told me he would see me in six months.
At about this time I got a notice from the mortgage stating my escrow account was $558.00 short and I had to pay this in one lu,p sum, or my mortgage payment would increase $108.00 per month. This shortgage was caused by the mortgage company because they failed to file the affidavit of affixture in a timely manner. For months I called them telling them they were not paying the correct property taxes, but they didn't listen. When they lowered my mortgage payments about $75.00 per month a year ago, I continued sending the $75.00 and noting the mortgage slip "escrow" for the $75.00. On several occassions they put the $75.00 into principal.
This is exactally what I told the judge months before that I thought would happen, and it did. After the hearing, the bankruprcy attorneys for the mortgage company had them remove the 60 day lateness from my bureaus. I knew I could appeal the bankruptcy judges decision in the Court of Appeals but I felt the stress would cause me physical harm so I resigned myself to wait for the judges decision and see if I received any compensation.
I called the mortgage company and spoke to two people who were nasty. I told them they should have absorbed this $558.56 because it was caused by their errors.They refused and from the conversation and refusal, I was very stressed. I thought of not paying the money and waiting for the to file documents so I could argue this again, but decided against it to avoid any additional stress. I paid the $ 558.56, and the new mortgage payment of
$ 497.14 with two checks. I sent them together with a letter and mailed them certified mail return receipt on July 1st as the documents called for.
On July 22nd I get an automated call directing me to call them immediately. I call and the rep tells me I need to pay my July 1st mortgage payment. I told him I did and that I was looking at a return receipt showing it was signed for on July 4th. He then tells me I owe $ 46.38 for not paying the full mortgage payment. I went through a complete explaination and finally he told me the $558.56 was in a holding account and ithad not been applied to my account but that he would do it so I would not get any additional calls. To make a long story short I got several calls from the nastiest and stupidest people I have ever dealt with. This current ordeal really stressed me ou! I even got a letter from them threatening to file a Notice of Intent to foreclose.
I felt so ill from this I went to my primary care physician and he ordered me to take a blood test.
During this period of stress, my kidney function went from 48% to just under 10%. Wiil my kidneys recover?? I don't know. I want to appeal the bankruptcy judges ruling on my lift of stay and to increase the amount of my lawsuit to an amount sufficient to cover my future medical expenses and transplant if it comes to that.
I have everything well documented! Names, dates, copies of correspondence, and even a letter I sent to the Consumer Credit Commissioner fearing they were going top score my credit bureaus late, which they eventually did.
For me to continue pro se will certainly have a profound effect on my health so I need an attorney. An attorney who is experienced in bankruptcy laws, and the FDCPA. The mortgage company is now a third party collector since my mortgagfe was sold in bankruptcy to another party. They are now in violation of the Fair Debt Collection Practices Act, another Federal Law. This is a vile company who obviously thinks the laws are made for everyone else. Is there an attorney out there who believes in real justice?? If so, I need help.
I promise you that in no way can this mortgage company claim I didn't try to communicate with them. I have a slam dunk case against this company but a judge who is protecting them. I am currently trying to get the tests I have had for the last several years so I can show that since dealing with thisw company my health has taken a dive, and I deserve to be protected and compensated.
