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property tax foreclosure mortgage co. fault

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by nhew98, Mar 22, 2004.

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  1. nhew98

    nhew98 Law Topic Starter New Member

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    .hello,I need help,its been a year now im still in my home but dont know for how much longer,on 1/31/03 i called mortgage co to ask them if they could advance funds to pay taxes because they new they were behind and they sent a letter saying they could do that,so the guy i talked to said sure we do that all the time,so i felt better cause i wasnt getting my husband into court for divorce on time to get his help since he left us 2 years behind but thats another story,so i faxed justin from conseco the warning letter i got saying the place was going for auction on feb 18 2003 so i thought all was ok til 3/3/03 when i got papers saying my home did get sold,so i called justin up again he said he would check on it,needless to say he disapeared no one ever let me speak to him again ,so the women i spoke to there said she sees the paper work he just never filed itin the correct dept there,so finally i got hooked with a women in the foreclosure dept there she told me the lawyer at thier company was gonna make an offer to the womens lawyer (the women who bought my homeat auction)so 3 months of waiting again finally she told me they wanted to double thier money and theres nothing more we can do,i was like what just like that my home of 16 years gone plus i was with that harassing threatening mortgage co for 10 years and this is how they treat me,and come to find out theres alot of people on wwwbadbusinessbureau.com with alot of similar complaints like 150 people,anyway the purchaser has been trying to get me out she filed lawsuit for quiet title once then i filed an answer to it then she had a lawyer send me a letter telling me to go and the other now she filed for a quiet title and writ of assistance and attorney fees and i file an answer again now theres a court date for 3/29/04 and i am scared to death i dont have a lawyer i cant afford one and i dont know what to say what to do or what could happen cause the women put in her papersthat my answer about my mortgage co had nothing to do with this ,she didnt even know i had a mortgage i guess the mortgage company never reported to my county when they moved and cheanged thier name from green tree to conseco and now they are gree tree the last address they had on the papers from the county comptrollers office was old.what do i do what could happen ,do i have any chance at all.ive been tring to find a class action cause they are as bad as that fairbanks capital that just got one on them i did have a consultation once he said i have good cause to sue mortgage co cause oral contracts are binding with mortgage companys,but i need a contingency lawyer and cannot find one,is there any thing i should file at court,and do i have to sign a quick claim deed to her or can i refuse,i dont have the title i guess mortgage co has that,the mortgage company lied to me i asked them to send me copies of the offers they were making and everything they had on this and she said ok i kept calling she said they mailed it i never got nothing,my loan amount was for 51000 by the time it would of been paid off i would of paid 140000 but now the mortgage company only got 19000 cause it was just refinanced in 97 why would they do that thanks, nancy
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    That's a difficult situation that you are in. You have an issue of wrongful foreclosure and the law seems to depend upon what state you are in. A case that deals with this issue (but doesn't help) is Zeller v. Home Federal Savings & Loan Ass'n 220 Ga. App. at 361, 469 S.E.2d. The problem I'm having is why you didn't take an active stance when you received notice that your home was going to be auctioned off in a foreclosure sale. I would have absolutely demanded some confirmation that this was not going to happen.

    I do not know if a lawyer will take this case on contingency because there may not be enough monetary damages to enable one to take the case -- this one primarily involves equity and your right to keep your home. A class action suit -- perhaps but I don't know what all the other complaints are about and whether it warrants a class action.

    You should definitely not be afraid during the court hearing. You should make sure that you are well organized. Try to have dates and names all set forth. Make sure that the court knows that there is no question that this foreclosure should never have happened and even the mortgage company -- the seller -- admitted that this was the case. I've never been involved in a case like this one and there isn't much more I think that I can say that might be of assistance except the company seems to have records that support your position -- you may want to adjourn the case to obtain the written files from the company. This may require a subpoena which you can get with assistance from the court. You should be prepared to supply the court with names of people you have spoken to regarding the records that you plan to provide to the court.

     
  3. nhew98

    nhew98 Law Topic Starter New Member

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    check with www.badbusinessbureau.com

    hello again thanks for that advice i plannned on doing all that,if you go to www.badbusinessbureau.com you will see all the complaints aginst conseco,just type in conseco in the search and like 154 complaints come up and i can relate to all of them ,this company has done all of to me me as well,i think there should be a class action and how can you get one started? i have sent complaints to the FTC and HUD and also my govenor and the attorney general this week.am i doing the right things is there more i can do? thanks nancy
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Re: check with www.badbusinessbureau.com

    The bad business complaints may not help you because the judge is going to look at the facts in your specific case. You might be able to request an adjournment in the case and bring copies of the complaint record. From what I read you did raise the auction issue with the mortgage company before the date of the auction and they simply failed to stop the sale due to Justin's negligence. If you have a fax receipt I would bring it. It might be somewhat late, but I would get a copy of your local phone bill to show how many phone calls were made to this company and when to indicate that there was a dialogue and proof of a fax to the mortgage company and that the sale should never have taken place.

    Additionally, you may want to make sure that the judge knows that foreclosure was not inevitable and that you have been able to get things together and be able to make payments going forward.

    This is a tough case. You might want to start off by saying that you have lived in the house for 16 years and that the only reason why this mistake occurred is because the mortgage company, with a huge rap sheet as you will show, negligently or fraudulently failed to file the agreement to suspend the auction and which was RECORDED WITHIN THEIR FILES. Show the court your faxed letter to Justin as proof of notice to the mortgage company and explain that you will attempt to retreive copies of the company's internal records stating that they did agree to stop the foreclosure sale and extend to you money to pay the taxes. While you certainly can understand the buyers' desire to get their 'great deal' on a foreclosure sale, quite simply, the only reason why they were able to do so was because it was a foreclosure that was illegal and should never have taken place.

    In fact, you are not the only one who have had problems with this company, but just one site which contains a fraction of its victims contains well over 150 complaints and you can imagine how many more there are. The court should not jump to conclusions and allow you to prove the fraud that occurred which has now stolen away your home of 16 years by an illegal act.

    Hopefully this will buy you some time to do discovery -- definitely request an adjournment or time to perform discovery. I don't know what kind of hearing it is but if you aren't prepared you should be able to request an adjournment. You should definitely contact the governor's office but first you should try to obtain documents from the mortgage company, which would seem doubtful to receive voluntarily. You may wish to get the court's help and use a subpoena.

     
  5. nhew98

    nhew98 Law Topic Starter New Member

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    how and when do i ask for a continuence

    di i tell and show the judge the stuff i already have or do i just ask for an ajournment and what if they say ive already had a year? which i have but i didnt know none of these things to do until this past week.how do i argue that??we are going to court because the people who bought my home wants a quiet title ,its a quiet title lawsuit.
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Re: how and when do i ask for a continuence

    Yikes! Sometimes I forget that it really is 2004. Yes, you do have a big problem. Did you collect any information from the mortgage company over the past year? Come to think of it, what have you done with regard to this case? What has happened with regard to the mortgage payments? I'm assuming that money changed hands in the transaction -- if so, did you receive any money from the proceeds? We need as many details as you can provide.

     
  7. nhew98

    nhew98 Law Topic Starter New Member

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    how and when do i ask for continuence and yes its 2004 already

    well i went to court yeaterday it was a hearing for the women who purchased my home at tax auction she wanted a quiet title,and the judge said that she can have it!!!!she said my deal with mortagage co. had nothing to do with why we were there at the hearing,i beg to differ because if my mortgage co. had followed through with thier part of the agreement my home wouldnt have gotten to that point!!!!!!!!! now ive lost my home ,i cryed for 24 hours now im packing because i only have 3 days to get out!!!!! i asked for more time they said no that ive already been here a year since she purchased it.but the judge and the other womens attorney did encourage me to pursue a lawsuit against my mortgage co. the both said have have a very good case against them and now i have damages because ive lost my home now completely!!!!!!!!!but theres one big problem i cant afford an attorney for this ive already been to one for a consultation and he said he charged 250 dollars an hour, legal aid doesnt supply attorneys for these kind of things and i know there must be a limit of time to do this,AND DOING THIS AND MAYBE GETTING A NICE NEW HOME OUT OF IT WOULD BE ALL THAT COULD EVEN COME CLOSE TO MAKING ME FEEL A LITTLE BETTER and getting that crap off my credit record! i not only got harrassed by tis company for ten years ,they caused me to loose my home of 16 years and put a foreclosure on my credit record,it wasnt bad enough i just went through a 3 year horrible divorce,i just dont see how things could get worse!!!!ok to answer your questions now sorry i was venting again,what info are you asking if i collected from mortgage compant over the last year???and no money changed hands to me the only money mortgage company got was 19800 dollars which is what was left after taxes were paid cause she paid 26000 or so for my home at tax sale and taxes were like 6000 with ad fees and interest and the only reason they got it was cause i supplied them the form that said if you have claim to any of the left over money or have a lien on the place fill this out and send it to tax office so the did and i was the stupid one that faxed it to them cause they didnt know what was going on and the lady that bought my home didnt know i had a mortgage.and conseco said they would help me so i faxed them everything about the situation,i didnt get nothing out of this at all but the short end of the stick!!!i havent done much on this case yet i cannot find a lawyer who will yake it on a contingecy basis. i am how ever sending a legal form requiring conseco to send me my files!tomarrow and i reported them to the FTC and HUD and govenor Bush and several other places on line,the mortgage company never sent me no bills and they quit calling me and while they were so called helping me buy my home back they said i didnt have to make payments and they also said this wouldnt go on my credit record as a foreclosure!!LIES LIES LIES!!!!!and when they finally said sorry the women wants to much to buy it back and we cant do that i never heard from them again.,NO MONEY changed hands with me thats for sure .. what else do you need to know i need to get these people and ive met over 200 more online that im sure would like too to.heck we could start a chat room with all these people.i had people crying for me all the way to north carolina yesterday and also scared of what they have to look forward too next..thanks nancy
     

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