Help! I think I'm in the middle of a mortgage-based tax scam

[GeoNOregon]

I'm disabled and live in Oregon. I got into this mess when I was forced to wait 3.5 years for a SS Disability hearing due to a lack of admin judges.

Here is a condensed version of what's going on. It's abbreviated for character length to satisfy limitations at some posting sites. I have all the details you might need. I have added a few paragraphs in [ to fill out some sparce areas I just noticed.

My question is, should I file a trust deed immediately as I've been told? What would YOU do if you were in the situation?

We had a 1st & 2nd (line of credit) mortgages w/ one company. We got behind. They were sold to two different companies.

We got caught up & are current w/ 2nd mortgage, (#2) .

The 1st mortgage company, (PCG), immediately foreclosed on us w/ no other notice of purchase or amount due. Other than the foreclosure docs from PCG we have received ONLY two letters: one received two days before the auction w/ a amt to pay & another partially explaining the $4000+ in foreclosure fees. We got caught up before the auction but disputed $2000+.

A dialogue ensued, then PCG quit responding to my letters or calls. In frustration, 6 months later, I quit paying them.

That was Aug 07. In Sep 07, they went bankrupt. Nothing was heard from PGC.

[PCG has made no attempts to contact me, I got concerned after about 6 months and called. The original NY location of PCG was staffed by a former employee hired to give callers a Florida number. I called Florida, told my story and was assured they would sort things out and contact me - they never did.

This spring someone came to the house to verify occupancy. They gave me a N.Carolina phone number. That is who I have recently spoken with about this.

They claimed I didn't return calls or letters. Never got any. When I asked, letters were not sent certified and they changed the subject on the phone calls]

Now there's a (N.Carolina) company saying they only represent PCG & do not own the mortgage. Confusingly, they are unable or unwilling to tell me how much I owe them so I can get caught up. They appear to have few records.

[I requested an account reconciliation and balance due and an property tax escrow reconciliation from the N Carolina company. I was told the acct recon was sent, but I never received it. They didn't attempt to resend it certified, though I asked.

The escrow 'accounting' came in the form of an emailed Word document. It was a short letter with three entries: a starting balance, an inaccurate, (date & amount), charge against the escrow and a second charge from 4-5 days prior of them pre-paying my current property tax balance.

It was the most un-accounting-like account reconciliation I've ever seen.]

I've now discovered PCG never filed a trust deed to represent the debt to them.

Recorded docs:
original mortgage trust deeds,
notice of assignment of trustee from original 1st holder, unfinished foreclosure papers [shows no resolution of foreclosure]
LOC trust deed for #2

There is nothing filed showing that PCG has a lien on the property.

=======

At least one specific piece of documented evidence combined with what they have told me on the phone leads me to beleive they do not have much in the way of documentation on my loan. I don't even think they have the origianl note as they have given me inaccurate info about it over the phone. From what I've been able to determine fromlooking at state & federal laws, I think the combination of PCG and the 'mortgage mgt' comapny has broken EVERY law concerning credit, mortgage mgt and escrow, plus at least two cases of mail fraud from documents I've received. (one was a pre-dated 30 day payment demand that was dated so I had about 15 days to pay up a balnce that was about 2x's my normal payment. When I contected the Southern California sub-contractor that sent it and challenged the legality of a pre-dated 30 day notice, they first told me they were a law firm and then admitted they were not. They told me it would be rectified, but I never received a corrected letter or another demand for payment and that was June of 08.

It's as if they are unable or unwilling to give me an amount due to get caught up. I've told them I've been banking my payments and all I want is an accounting and balance due so we can then discuss the overcharges, etc and come to an agreement. But now I am beyond that. There's more information I have dug up about the owners of PCG and have even told the stroy to the FBI and US Atty. My theory is my mortgage was part of a bunch of distressed mortgages bought as collateral for loans to buy more securitized mortgages and also as a tqax write off. I've discovered one of the prinicples in the holding company for PCG was in the middle of Bear Stearns when it died and also was the supervisor of the three traders in jail for insider-trading that came out of the Ambramhoff investigation.

=====

WHat would you do?

What would recording a trust deed do if I filed one now before the mortgage company figures out the problem?


Thanks....


GeoD

[HomeGuru]

Originally Posted by GeoNOregon

I'm disabled and live in Oregon. I got into this mess when I was forced to wait 3.5 years for a SS Disability hearing due to a lack of admin judges.

Here is a condensed version of what's going on. It's abbreviated for character length to satisfy limitations at some posting sites. I have all the details you might need. I have added a few paragraphs in [ to fill out some sparce areas I just noticed.

My question is, should I file a trust deed immediately as I've been told? What would YOU do if you were in the situation?

We had a 1st & 2nd (line of credit) mortgages w/ one company. We got behind. They were sold to two different companies.

We got caught up & are current w/ 2nd mortgage, (#2) .

The 1st mortgage company, (PCG), immediately foreclosed on us w/ no other notice of purchase or amount due. Other than the foreclosure docs from PCG we have received ONLY two letters: one received two days before the auction w/ a amt to pay & another partially explaining the $4000+ in foreclosure fees. We got caught up before the auction but disputed $2000+.

A dialogue ensued, then PCG quit responding to my letters or calls. In frustration, 6 months later, I quit paying them.

That was Aug 07. In Sep 07, they went bankrupt. Nothing was heard from PGC.

[PCG has made no attempts to contact me, I got concerned after about 6 months and called. The original NY location of PCG was staffed by a former employee hired to give callers a Florida number. I called Florida, told my story and was assured they would sort things out and contact me - they never did.

This spring someone came to the house to verify occupancy. They gave me a N.Carolina phone number. That is who I have recently spoken with about this.

They claimed I didn't return calls or letters. Never got any. When I asked, letters were not sent certified and they changed the subject on the phone calls]

Now there's a (N.Carolina) company saying they only represent PCG & do not own the mortgage. Confusingly, they are unable or unwilling to tell me how much I owe them so I can get caught up. They appear to have few records.

[I requested an account reconciliation and balance due and an property tax escrow reconciliation from the N Carolina company. I was told the acct recon was sent, but I never received it. They didn't attempt to resend it certified, though I asked.

The escrow 'accounting' came in the form of an emailed Word document. It was a short letter with three entries: a starting balance, an inaccurate, (date & amount), charge against the escrow and a second charge from 4-5 days prior of them pre-paying my current property tax balance.

It was the most un-accounting-like account reconciliation I've ever seen.]

I've now discovered PCG never filed a trust deed to represent the debt to them.

Recorded docs:
original mortgage trust deeds,
notice of assignment of trustee from original 1st holder, unfinished foreclosure papers [shows no resolution of foreclosure]
LOC trust deed for #2

There is nothing filed showing that PCG has a lien on the property.

=======

At least one specific piece of documented evidence combined with what they have told me on the phone leads me to beleive they do not have much in the way of documentation on my loan. I don't even think they have the origianl note as they have given me inaccurate info about it over the phone. From what I've been able to determine fromlooking at state & federal laws, I think the combination of PCG and the 'mortgage mgt' comapny has broken EVERY law concerning credit, mortgage mgt and escrow, plus at least two cases of mail fraud from documents I've received. (one was a pre-dated 30 day payment demand that was dated so I had about 15 days to pay up a balnce that was about 2x's my normal payment. When I contected the Southern California sub-contractor that sent it and challenged the legality of a pre-dated 30 day notice, they first told me they were a law firm and then admitted they were not. They told me it would be rectified, but I never received a corrected letter or another demand for payment and that was June of 08.

It's as if they are unable or unwilling to give me an amount due to get caught up. I've told them I've been banking my payments and all I want is an accounting and balance due so we can then discuss the overcharges, etc and come to an agreement. But now I am beyond that. There's more information I have dug up about the owners of PCG and have even told the stroy to the FBI and US Atty. My theory is my mortgage was part of a bunch of distressed mortgages bought as collateral for loans to buy more securitized mortgages and also as a tqax write off. I've discovered one of the prinicples in the holding company for PCG was in the middle of Bear Stearns when it died and also was the supervisor of the three traders in jail for insider-trading that came out of the Ambramhoff investigation.

=====

WHat would you do?

What would recording a trust deed do if I filed one now before the mortgage company figures out the problem?


Thanks....


GeoD

**A: you need an attorney like a year ago. Get one now.