| No notice given on forecloser sale
What is the name of your state? CA
This is almost to strange to believe but it is factual. My wife left 21/2 years ago leaving the 2 children with me. In the divorce settlement she wanted the savings accounts,401 k ect. At the time the home was appraised very well and this created my owing her money to divide property. When she left I refinanced the house with a great loan. I was doing well, a 745 credit rating, and moving on. My Payment was $3,100.00 per month. There was still he final property settlement to complete and I needed to refi to get some money to pay my exwife to make the settlement equal. The new lender I was working with talked like a professional and I told him what I needed, with him confirming there was no issue. I wanted a 1st for $740,000 and a small second of $50,000.00. Soon I noticed he was difficult to reach and never returned calls. Time was running out o the settlement date and i had to move forward. He finally calls me and wants to sign documents. He presents a loan that was nothing like I requested and for me was un-signable. I needed some cash out and time was now at critical mass. He had made a first for $590,000 which was $130,000 short to payoff the $730,000 mortgage I had. He then presented a second for $140,000 which provided some of what I needed but was short mostly used to pay off the existing loan. The total payments were over $5,000.00. I refused to sign the loan. He then said that this was how the lender, who was GMAC, the currant lender, set it up. I was in dire straights as I had to settle the divorce cash out. He said to proceed with this loan and that he would create another loan in 30 to 45 days and correct the issue. He seemed genuine and I was in a bind. If I did not settle with the ex-wife I would have had to look at the possibility of her backing out. He swore that it was no issue and I noted this on a letter I had him draft to confirm the refinance to correct the crazy loan being executed. I signed the loan. Well about 30 days go by and I call him, He tells me that my credit score which was 745, had dropped and he was unable to help me. I had been duped. I called the escrow company to get some copies and they ignored me. It all seemed very weird to me. Long story short , I got behind on the payments, It went to default , and I curred the problem by getting currant. Then I get a letter from GMAC and they inform me that the payment was going up. The mortgage was a fixed not variable. I tried to call them but was transferred endless time with no resolve. I called attorneys who either wanted a huge retainer or were to busy and had a difficult time getting any help. The situation got worse and I was getting further behind. I received a letter of default and i was seeking money to refinance. During the refi process I talked to 4 different lenders and got different but strange attitudes. After wondering what was up one lender told me that he was unable to get any credit rating for me. I asked him to research further. He call me and said that the currant mortgage co. had reported me as DECEASED. I was wiped off the 3 big credit bureaus showing me as not living. I was in shock. I had a 745 credit rating, and know was unable to do anything. I called GMAC and was able to get them to write me a letter confirming they had done this, but no reason was given. Move 6 months forward. I am now financially ruined, I am trying to survive, and am in default on the property. Last week a guy shows up and says he represents the new owner. I+I, being absolutely numb, said what the ___ are talking about. He commented that the trustee, Which is owned by the mortgage company sold the property at auction. I was never notified of any auction, and called a lawyer. He notified the mortgage company GMAC, the trustee, and the Realtor who had visited me. The lawyer I contacted has been slow and despite my calls I have not heard from him.Today I received a 3 day notice to quit. This is crazy and I will not give up my home. It almost seems that this Realtor was working with the trustee or the mortgage Co. It seems like I was swindled out of my home and to make sure i could not do anything financially, they tied my hands by destroying any ability to refi, or access the equity. Theres another strange twist. About 5 weeks into the new mortgage i called GMAC to ask for an increase in the credit line.The women checked on everything and said that it should be no problem, plenty of equity was aavailable and that a rep would call me to complete the request. The next day the guy who created this disaster called me asking me if i knew or had friends at GMAC. I was amazed that he would know that I made the request. How would he know If someone at GMAC had not told him? This mad eme think that there was something very wrong. I am not paranoid but as i looked at the events, it seemed that if someone wanted to set up a way to get certain properties in good areas that this was a perfect way to do it. It only takes a Realtor, working with a loan broker who works with someone inside the mortgage company. It is a circle that absolutely could insure losing the property. This is where I need help. I have had a hard time finding a lawyer. I have little money for retainer. The property is all I have left . The plan was to sell it after I got my son into college. I was left to take care of my children. My ex wife, paid no child support for 18 months so i had to pay for all financial child care. This responsibility left me with no reservces. Someone had to take care of the children. I could have sold the house earlier but felt that the children had enough disruption and chaos form the mothers abandonment. I felt strongly that the less that changed for them and that a warm, consistent and secure home was very important. LLet me tell you that is was the the single most important thing that they needed, and the security of coming home to their only home for 17 years. This may have been a sacrifice that I made , but I thought that I could sell the home right after my son was set up at college. I am being swindled out of my home. What was done was wrong, and i need help to fight the damage to me for GMAC negligence. All I need is some time and a lawyer who will work on this. I think a call to GMAC's legal department will be received with concern as i believe that the intentional credit reporting is extremely damaging but possibly a criminal issue. Someone had to go into the credit company records and intentionally report me as dead. Why did they do this? I am sure know why. Can anyone with the legal expertise give me some input on this? I am trying to hang on, but I I can't seem to get anyone, meaning attorney's to really hear the seriousness of this. If I can't get this resolved my daughter and i will be put onto the street. This is nothing more than someone , maybe GMAC, ruining my life. All I have is in this house and I all I want is a chance to sell it, pay off the lender, and get the equity that is mine. Please help me,especially if you are an attorney in the Los angles area. Thanks Paul | 
11-29-2007, 04:25 AM
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