Foreclosure Fraud Follow Up – How To Get Your Home For Free

Gonzalo Lira has posted a follow up post to his previous article, in which he describes the actions of a Wells Fargo bank executive after Brian and Ilsa demanded to see their mortgage note.

Gonzalo Lira writes:

Brian dashed off an e-mail to his bank that night—a quick post, where he explicitly said, “I want to see the loan note where it says I owe you money, or else I’m contacting my lawyer and halting payment on my mortgage.”

The very next day, someone from Wells Fargo called them.

Not a machine, not a customer service rep in India—an actual, honest-to-God, alive-and-kicking bank executive.

She apologized profusely about the HAMP screw up—said that Brian and Ilsa qualified, they qualified, they qualified!, and that she would be the one to “straighten out their situation”.

Brian and Ilsa couldn’t talk that Tuesday, when the bank executive called. And for various reasons, they couldn’t talk Wednesday either—they finally talked to the bank executive on Thursday . . .

. . . and during those three days, it was the executive who chased them: Two e-mails to their AOL account, two phone calls on their answering machine.

On Thursday, when they spoke, the bank executive was sweetness and light—she told them that Ilsa and Brian qualified for HAMP, that they would get refinanced, that they would not have to pay the difference in mortgage of the last three months—“Your lower mortgage rate is locked in!”

And as to the $84 penalty fee, which had driven Brian in particular up the wall: It was waived.

Ilsa told me, “It was the nicest conversation we’ve ever had with a bank executive.”

The executive promised to have the papers drawn up, ready to be signed before November 1.

That’s right: November first. After dicking them around for months on end, Wells Fargo all of a sudden went from turtle-speed to light-speed—to warp-speed—boom!—just like that. They didn’t even engage thrusters, Captain—it was warp drive the instant Brian e-mailed that threat.

Threat?, you say. What threat was that?

The threat Brian laid down, in the e-mail he sent Monday night:

Show me the note, motherf###er!

That threat.

Beautiful.

reply to post by mnemeth1


What ever happend to being responsible? You go get a loan, knowing that you will have to pay it back, and try to weasel out of the payment? Im not condoning the butt rapings that mortgage companies dish out on a regular basis (they are pretty bad, i know im a home owner), but WTF? Man up alredy. Do what you said you were going to do when you signed the paperwork. Im tired of people trying to get someting for nothing, its immature and basically one of the main contributing factors why this place sucks as bad as it does.

MOTF!

reply to post by MessOnTheFED!


You want to point out where in that article is said anything about getting something for nothing? I am tired of people allowing everyone else to take advantage of welfare programs but when one rolls around to asking a simple question like where the hell is my mortgage note people get all up in arms. Get over it! Finally there is something the little man can do to screw the big man for a change and your going to cry about it? This isn't about manning up it's about reaping what you sow.

reply to post by MessOnTheFED!


.
you serious? Theyre robbing you blind and youre not bothered?
Seriously??
so youre telling me if there was a way in which you could get out of it where you could ease the burdon and do those things that you couldnt afford for your kids and family? been able to all muck in towards say.....medical treatments or care?
Just wait for when the time comes where free energy is unvieled, you may laugh but its all happening now. Changing.
So please dont take that stance for whats morally right,saying that its people with his mindset the cause? taxes arent raised only for that reason my friend, the government will turn you over any way they could, you are merely a pawn in their game where you work to pay for their lifestyles.
You buy your car tax inc then you continue to pay tax to drive etc etc same goes for work you pay tax then you pay tax on every single thing you spend it on. houses, cars,holidays,flights,food, clothes insurances on homes cars holidays ...............need i go on.
All going back into the same old same old. But rather than it keep going in cycles someone is should i say taking the cream? even if you or i were on benefits from the state?? It will be all going back!!
So please.

reply to post by mnemeth1


So did they ever produce the contract? Sounds like they couldn't produce one so they just offered him a refinance option (that they now have his signature on and therefore a contract). Kind of defeats the purpose, doesn't it?

reply to post by MessOnTheFED!


Usually I am opposed to people getting something for nothing or people breaking deals.

But the problem is that the "victim" banks have been getting something for nothing and have been acting fraudulently for a long time. If it takes people getting homes for free in order to bring down the banking industry, I think ego and envy are a good price to pay.

In reality, the banks made a bad investment and tried to shift the responsibility on others. They insisted on making loans to people who can't pay then repackaged the loans with false bloated ratings to sell to other investors. People should go to jail for this, losing their assets is still too easy on them.

reply to post by jazz10


Umm yea... I knew exactly what i was doing when i signed the paperwork. Are you serious?

reply to post by wutone


I do agree that the banks have way to much power and need to be taken down a rung or 20. They are greedy, money loving, worthless pieces of # in my eyes, but when i sing something i know what im signing and that my signature signifies that i have taken on a responsability, no matter how aweful it might be.

reply to post by SpaDe_


Dude you miss my point. I wouldnt care if the banks magically dissapeared over night.. Hint... What i do care about is someone getting into something, knowing damn well what they are doing, and then finding some magical loop hole so they dont have to keep their end of the bargain. THAT is what makes me angre.

but... for the record....... I HATE ALL BANKS.

Wait!

How do I get my home for free!

Originally posted by MessOnTheFED!
reply to post by wutone

 

I do agree that the banks have way to much power and need to be taken down a rung or 20. They are greedy, money loving, worthless pieces of # in my eyes, but when i sing something i know what im signing and that my signature signifies that i have taken on a responsability, no matter how aweful it might be.

Technically, to enforce a foreclosure, the note-holder has to produce the note in order to collect on a debt. Now this also implies that if you are making payments to a party that is not, or cannot prove they hold the note, then you are breaking your agreement to make payments because you are paying the wrong party.

The reality is that the home-owner is in a state of limbo. The home owner has the right to ask the creditor to prove they own the debt. If the creditor can't prove it, whose fault is that? With this kind of agreement, the sword cuts both ways.

Originally posted by wutone
reply to post by MessOnTheFED!

 

Usually I am opposed to people getting something for nothing or people breaking deals.

But the problem is that the "victim" banks have been getting something for nothing and have been acting fraudulently for a long time. If it takes people getting homes for free in order to bring down the banking industry, I think ego and envy are a good price to pay.

Well said...I could not agree more! Bring it down baby, bring it down.

Originally posted by Stewie
Wait!

How do I get my home for free!

Hire a lawyer, then have him sue your mortgage company demanding proof of title.

reply to post by mnemeth1


So, about a month ago i read this post and submitted my information to be forwarded to Wells Fargo (my mortgage company). In the past ~20 days or so, i've received 2 notices from them advising me on how to apply for a short sale - which i've already been approved for over a year ago! Did they send confirmation of having the deed, note, contract - NO. Just sent me the same old crap they've sent numerous times while wrecking my credit for the past year. So what's the law? I thought they had 20 days to respond to my inquiry. Anyone else check this out? Have a similar experience?

After reading the article and the posting, this can be said. The article is not about getting something for nothing, nor are the couple there in the article looking for that. The gentle man is very interested and serious about paying back the money he and his wife borrowed to purchase their home, being respoinsible. However, as according to their article, something happened, probably medical and they got into a bit of a financial jam. This is a very plausable thing and has happened to many people. The banks are deliberately taking the laws and twisting them as they are using the owners financial information to gather benifit, and someone is not doing their jobs when it comes to such. Are the couple there freeloaders or deadbeats no, but the law that was passed was designed ot help them. The banks take advantage of that, offering it to people like them, then turn around after three months and use the fact that they are paying a lower payment and say see they are in good financial standing and thus do not need to be on the program.
Most large banks probably do not have the resources to track down every note, as it may be in some warehouse, or has a broken chain of custody where it can not be traced down so easily and the banks are really in a bind. If I am reading the article clearly, the banks can not legally foreclose on a property without the note and how they came by it, as it is in the grey shady area of the law, nor should they be doing bait and switch tactics. I am hoping that this gets resolved out, before another wave of people end up losing their home all cause of some accounting error and ruin the credit and names of people.

reply to post by SirClem


They still haven't responded to my email requests, but anyways here is an update in the news: www.reuters.com...

Seems the courts agree to ask the simple question at least, "Where's the note?"