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Why federal judges favor big banks?

Discussion in 'Bankruptcy Law' started by Breakingbad, Oct 14, 2022.

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  1. Breakingbad

    Breakingbad Law Topic Starter New Member

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    My mortgage company/top bank threatened me to either pay the forbearance amount in lump sum or my house will go into foreclosure. I had to file bankruptcy because they denied loan modification and any repayment plan.
    I started studying law and I came across this attorney on youtube who mentioned about auditing a loan. I found so many mistakes so I objected to the proof of claim. The mortgage company never recorded the note, my payments weren't applied correctly, mortgage company doesn't have a record of my payment history. I filed the objection motion and mentioned the law that applies to my case and cited similar cases so I had a solid case against the mortgage company. After that, I hired a family friends attorney and he told me he was offered money by the mortgage company to lose this case.
    The mortgage company filed an untimely response to my motion and added new documents that weren't part of the proof of claim. According to the law, I have 14 days to reply, but the federal judge ruled in their favor before that. Imagine if I had filed an untimely motion then judge would have called me out and the untimely motion didn't even mention the documents they presented before or replied to my objections. I got them really good but since they had the judge in their pocket I lost the case. The order was completely in their favor and used the same language. I can share that motion and let others decide who's favor it should have been. It's so horrible how banks get away with anything. The mortgage company even ignored the federal subpoena.

    There is no justice and the whole system is soooo corrupted! This federal judge completely broke the law and the trustee didn't let the judge confirm my chapter 13 plan. The trustee was so keen on dismissing this case and it was dismissed because of two party. I didn't even get to file an adversary proceedings. There is no justice in this country. Before bankruptcy, I filed a formal complaint with CFPB, FTC about forbearance lumpsum and RESPA because they failed to answer my QWR letters. CFPB doesn't do anything they just get you a response (just need something from the company doesn't matter if it answers your concern or not) and don't even follow up. Banks get away with breaking laws and that's why they keep doing it.
     
  2. Zigner

    Zigner Well-Known Member

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    Ignoring the rhetorical question in the title of your thread, did you have a question for us, or did you simply wish to share your story?
     
  3. Breakingbad

    Breakingbad Law Topic Starter New Member

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    I guess I just wanted to share what happened with me. What are my options? What should I do when I know my bank is at fault and there are laws to protect me, but the government agencies are not doing anything? I can't go to court because they are too big and they already know all the judges. They have so much money to buy my attorney and they might do the same with the new attorney. I met this well known attorney with a 30+ years of experience in adversary proceedings and he advised me not to go against the bank.
     
  4. Zigner

    Zigner Well-Known Member

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    If ya can't do it through court, then you're screwed.
     
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  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    @Breakingbad

    Let me guess. You did all this without a lawyer.
     
  6. army judge

    army judge Super Moderator

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    Let's try it this way.

    What options do you think you possess?

    What do you wish to have a judge do to your bank?

    Describe briefly, without kvetching about the bank's ALLEGED actions, why you believe all legal options are closed to you.

    Have you considered filing a Chapter seven bankruptcy action "pro se"?

    You might find the information on these websites useful as you reevaluate your position.

    When You File | The United States Bankruptcy Court for the District of Maryland
    ...

    Bankruptcy - Chapter 7 | Pro Bono Resource Center of Maryland
    ...

    Free Pro Se Chapter 7 Bankruptcy Clinics in Frederick County - Maryland Legal Aid
    ...

    There are many ways you can address your problem.

    You need not make this an adversarial process.

    You and the bank can resolve this matter amicably IF you file a "pro se" Chapter 7 bankruptcy action, assuming you qualify to do so.

    The court will see to it that your rights are protected, even if you do so "pro se".
     
  7. zddoodah

    zddoodah Well-Known Member

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    Your options depend on all relevant facts and circumstances, and one would need to read all of the relevant documents.

    You've obviously decided everyone and everything is corrupt. It's not true, but when you speak in generalities and abstractions, and the rest of us have no relevant facts, it's kind of pointless to continue the discussion.
     
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  8. Redemptionman

    Redemptionman Active Member

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    Not everyone or everything is corrupt but I will tell you banks and insurance companies give millions to judge campaigns and legislative campaigns. These are 100 percent leveraged for favorable court rulings. I would never take a forbearance from the government and expect any bank to honor it. As a matter anytime the government gets involved in anything the price will double or triple.

    There really is no protection from bankruptcy for saving your mortgage they still have the right to foreclose.
     
  9. army judge

    army judge Super Moderator

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    Some people might not consider walking away from mortgage debt as protection.

    I can assure you, however, some people do believe such a remedy is life saving.

    Sure, the person might lose possession of the home.

    However, if there was $300,000 owed on the note, that the BK wipes away; that's a huge relief to some folks.
     
  10. Redemptionman

    Redemptionman Active Member

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    Then what happened to the days of at least 20 percent down for conventional loans. I realize the VA mortgages and government backing is pretty lenient on the whole bankruptcy thing but for most people without that protection then saving their credit rating is important.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    Would you care to share exactly how much money you owed on your mortgage that you couldn't, wouldn't, or didn't, pay?
     
  12. army judge

    army judge Super Moderator

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    Filing a chapter 7 BK does impact a person's credit score.

    Making late payments, being behind on a mortgage such that the lender seeks foreclosure, using most of one's credit limit, etc... also impact a FICO score.

    As I said, some people rejoice over things others curse.

    Life is filled with choices and the resultant consequences.
     
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  13. Redemptionman

    Redemptionman Active Member

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    The Government never pays their bills on time so how can they expect their employees too. Try and get a conventional mortgage with a BK Ch 7, 11 , 13 etc on your record and see how far you get. The only way is generally through government backed VA options. This is not supposed to be a debate about that but generally speaking in theory the governments programs never work like they are supposed to. Ends up making everything more and never really works well. Of course I am not a big government person. So, as you said some people use these days as an excellent way to clear excess debt leaving society having to surfer or pay for someone else's actions. Which is the way it is.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    In practice they never work like they are supposed to.
     
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  15. Breakingbad

    Breakingbad Law Topic Starter New Member

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    I had a horrible experience with a federal judge, bank, useless government offices like CFPB, RESPA, Attorney General, Consumer Protection Agency, Home improvements Commission because they don't do anything. Laws are made to protect the wealthy and the criminals and scammers. It's actually criminals and crooked people who make the law. Poor people have to follow laws because rich doesn't care plus they have federal judges, trustees and attorneys in their pocket. I am so frustrated because banks and scammers always get away.

    Banks break laws all the time without any consequences. Government fine them and then bail them out so they never learn their lesson.

    More than half of the nonprofits pay their employees over a million dollars. I fail to understand if they are formed to help the society or to create wealth for the super rich because they get lot of donations and grants

    Everybody has to retire by certain age except old and crooked politicans.

    What will happen if we all just stop following laws


    1. I was in bankruptcy. Lost my home in foreclosure. Respa requires mortgage lenders to provide borrowers with complete payment history. My lender failed to do that and when I complained no action was taken by CFPB or RESPA. Bank forged my signature on the loan documents and when I complained to the Attorney General they didn't take any action. In my state, forgery is a federal offense and Attorney General has the power to take an action. During bankruptcy, federal subpoena was sent to the lender to provide the payment history, bank ignored the subpoena and no action was taken. Bank attorney didn't submit the motion on time, but judge accepted the untimely motion and actually waited for that motion to rule in the bank's favor.

    2. Contractor ran away with my deposit. I went to Police and they said to file a complaint with Consumers Protection Agency. I did that but no action was taken. Commission said they can't do anything to get me my money back even though I provided the written contract, check, contractors's address, phone number, tag number etc but no action was taken. i also met this unlicensed contractor who took my money and even then commission didn't do anything. Their excuse was they don't have enough inspectors. Law actually protect criminals and scammers!!

    3. I had a rental property. I was out of town so I couldn't fix a minor repair and I had to pay a fine. My tenant abused my property, caused a lot of damage which also resulted in rental loss. I went to the Landlord and tenants office they said they can't do anything (they want the house in great condition when you rent it out, but when tenants move out and damage your house then they can't do anything.) I took the tenant to the court, got a judgement but nothing happened. Never got my money.

    All these government offices like CFPB, RESPA, Commission, Attorney General, Consumer protection agency are a big scam to fool the public because they never do anything. All these offices should shut down because it's just waste of funds.
     
  16. Tax Counsel

    Tax Counsel Well-Known Member

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    Anarchy and chaos. That would not be good for anyone, other than criminals.

    Both the federal and state governments have fraud statutes. Federal offenses are prosecuted by the U.S. Department of Justice in federal district courts. State law offenses are prosecuted by state courts.

    Once you get the judgement, it is up to YOU to use the judgment to collect your money. The court isn't going to do that for you.

    They actually do a fair amount of work. But they don't have the funds to pursue everything and must pick the projects/cases that they believe will have the most impact. Shutting them down would hurt the people that these agencies do help. What they need are more resources, not less.
     
  17. Breakingbad

    Breakingbad Law Topic Starter New Member

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    You're absolutely right!! That's how I got into this mess. Covid-19 Forbearance is a scam because bank wanted me to pay lump sum after it ended. Added extra 100k on top of the missed payment without any explanation. Banks are the biggest crooks!! You think they are helping you but they are actually taking advantage of your situation. They extended the loan to 40 years too.
     

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