goldenmom08
New member
What is the name of your state? Maine
Hello,
I am hoping there is somebody on here would can provide me with some advice, helpful information, and maybe even a little bit of reassurance as my husband and I are currently dealing with probably the single most stressful thing we have ever had to deal with in our entire lives. Here is what is going on as well as a bit of background:
We bought our home in the spring of 2008 via a USDA loan. The orignator of our loan was Taylor, Bean, and Whitaker. A little over a year later in August of 2009, TB&W was shut down by the federal government due to mortgage fraud. Then, our loan was transferred to Bank of America, whom we were with for about 5 years. Then, in 2014, our loan was once again transferred to Carrington Mortgage, whom we have been with ever since. In 2017, my husband became extremely ill and required emergency open-heart surgery and he was out of work for many months after this, leaving us relying solely on my income to pay our bills and put food on the table. This resulted in us falling quite a bit behind on our mortgage payments. I called Carrington to explain the situation and asked for help. We knew that we would be able to afford our regular payments again as soon as my husband returned to work and started receiving his normal paychecks again. I was told by Carrington that we would not be eligible for a loan modification until June of 2018 as we had received one in 2016 when our property taxes had gone way up. They told us if we could not pay the entire past due amount (which we could not), to just wait until June to apply for a new modification as we would be eligible then. So, that is what we did. We had no other choice. We tried to send them payments after my husband went back to work to prevent us from falling even further behind than we already were and to show good faith that we were able to make payments, but they would not accept anything other than the full amount that was past due and rejected our payments (I don't see how they can refuse payments). I then contacted the consumer credit protection division of the Attorney General's office in our state to ask for advice. They actually referred us to the director of housing counseling with a nonprofit agency in our state who helps homeowners in these types of situations. As soon as this housing counselor found out that our loan had been originated by TB&W, he immediately had an attorney look up our mortgage in the MERS system as he had a very strong suspicion that Carrington did not even own our loan. Sure enough, this attorney immediately got back to him and said that our loan, in fact, was NOT properly assigned when it was transferred from TB&W to BOA in 2009 and then from BOA to Carrington in 2014. He said that TB&W is still technically the owner of our mortgage note, but they haven't even existed in an entire decade now, so actually NOBODY owns our mortgage and hasn't in 10 years. He informed us that neither Carrington, nor any other mortgage servicer would be able to prove proper ownership, therefore, would have no legal right to foreclose. We found this information extremely helpful and it gave us quite a bit of reassurance while we waited to be eligible for a loan modification.
Fast forward to the end of April of 2018, when we were officially served with a notice of foreclosure. The following day, I called the attorney that was listed on the paperwork as representing Carrington, who informed me that since we were told that we would be eligible for a modification in June, which was only about 4 or 5 weeks away at that point, that we should just go ahead and contact them directly to get the ball rolling on the application process. I also filed my formal answer to the foreclosure complaint with the court at that time.
When June came around, I immediately called Carrington and requested the RMA packet to apply for a modification, which they sent me. For MONTHS, they gave us an endless runaround, claiming that they never received documents that we submitted to them multiple times, or claiming that certain documents were not done correctly and needed to be redone and then resubmitted. Finally, after getting absolutely nowhere with them for months and being at my wits end with Carrington and the entire process, I got back in touch with the housing counselor, who got involved and started speaking with Carrington and submitting documents to them on my behalf. We were sent to underwriting many times, only to be kicked back out for completely asinine reasons, such as needing "newer signatures" than what they had on file for us or needing documents with "more recent dates" or "more recent pay stubs or bank statements," etc, etc. Again, this went on for months. Last month, they informed both the housing counselor and myself that they had received a complete package from us and that we were, yet again, in underwriting. That was the last we ever heard from them. Last week, I requested the housing counselor to contact Carrington for a status update as it had been weeks and we hadn't heard a single peep from them. He called them this past Friday, only to be told that our home had been foreclosed upon and then sold to Carrington at the end of last month! We were given absolutely NO notice that this would be occurring, despite the fact that we have been in very close contact with Carrington this entire past year while actively working towards a loan modification. The housing counselor was blown away. He said that he has about 150 pages of emails and documents that we sent them proving that we have been working with them to obtain a modification, so there is NO WAY this should have ever happened! In fact, both he and I had spoken directly with Carrington a few days AFTER the alleged foreclosure and sale had taken place and they told us that our application for the modification was in underwriting. They NEVER mentioned the foreclosure or sale to either one of us. The counselor did report this to the Attorney General's office as soon as we found out what was going on and we are now speaking with an attorney in our state who handles these sorts of cases, whom we should hear back from tomorrow. We are hopeful he can help us.
Needless to say, we are beyond shocked and terrified. We feel like a massive bomb just went off in our lives. How was Carrington able to go through with this foreclosure when they didn't even own our loan??? Isn't this considered theft since they did not have any legal right to foreclose as they didn't own the loan? They HAD to have forged and falsified documents. There is no way they could have gotten their names on the title to our property without having proof that they owned our original mortgage note, which they would not have had unless they did something very illegal. The entity who owns our mortgage hasn't existed in 10 years. Additionally, according to the CFPB, what they did to us is considered dual tracking because they foreclosed while simultaneously working with us to help us keep our home and we had an active application for a loan modification that was being considered, which they never gave us an approval or denial on. They just let it sit and did nothing with it.
What recourse do we have now? We are willing to do anything possible to save our home. At the advice of the housing counselor, I have already typed up my pro se motion to oppose writ if and when filed by Carrington to deliver to the courthouse tomorrow. We feel like our home has been stolen from us and it's the worst feeling in the world. We have 12 years of wonderful memories in our home and it means the world to us. We have put in a lot of time, money, and effort over the years to make it our own. I have been in almost constant tears and have hardly been able to eat or sleep and my husband has been having chest pains since finding this out on Friday afternoon. This entire thing came out of nowhere and caught us entirely off guard. Never in a million years did we ever expect anything even remotely like this to happen.
Hello,
I am hoping there is somebody on here would can provide me with some advice, helpful information, and maybe even a little bit of reassurance as my husband and I are currently dealing with probably the single most stressful thing we have ever had to deal with in our entire lives. Here is what is going on as well as a bit of background:
We bought our home in the spring of 2008 via a USDA loan. The orignator of our loan was Taylor, Bean, and Whitaker. A little over a year later in August of 2009, TB&W was shut down by the federal government due to mortgage fraud. Then, our loan was transferred to Bank of America, whom we were with for about 5 years. Then, in 2014, our loan was once again transferred to Carrington Mortgage, whom we have been with ever since. In 2017, my husband became extremely ill and required emergency open-heart surgery and he was out of work for many months after this, leaving us relying solely on my income to pay our bills and put food on the table. This resulted in us falling quite a bit behind on our mortgage payments. I called Carrington to explain the situation and asked for help. We knew that we would be able to afford our regular payments again as soon as my husband returned to work and started receiving his normal paychecks again. I was told by Carrington that we would not be eligible for a loan modification until June of 2018 as we had received one in 2016 when our property taxes had gone way up. They told us if we could not pay the entire past due amount (which we could not), to just wait until June to apply for a new modification as we would be eligible then. So, that is what we did. We had no other choice. We tried to send them payments after my husband went back to work to prevent us from falling even further behind than we already were and to show good faith that we were able to make payments, but they would not accept anything other than the full amount that was past due and rejected our payments (I don't see how they can refuse payments). I then contacted the consumer credit protection division of the Attorney General's office in our state to ask for advice. They actually referred us to the director of housing counseling with a nonprofit agency in our state who helps homeowners in these types of situations. As soon as this housing counselor found out that our loan had been originated by TB&W, he immediately had an attorney look up our mortgage in the MERS system as he had a very strong suspicion that Carrington did not even own our loan. Sure enough, this attorney immediately got back to him and said that our loan, in fact, was NOT properly assigned when it was transferred from TB&W to BOA in 2009 and then from BOA to Carrington in 2014. He said that TB&W is still technically the owner of our mortgage note, but they haven't even existed in an entire decade now, so actually NOBODY owns our mortgage and hasn't in 10 years. He informed us that neither Carrington, nor any other mortgage servicer would be able to prove proper ownership, therefore, would have no legal right to foreclose. We found this information extremely helpful and it gave us quite a bit of reassurance while we waited to be eligible for a loan modification.
Fast forward to the end of April of 2018, when we were officially served with a notice of foreclosure. The following day, I called the attorney that was listed on the paperwork as representing Carrington, who informed me that since we were told that we would be eligible for a modification in June, which was only about 4 or 5 weeks away at that point, that we should just go ahead and contact them directly to get the ball rolling on the application process. I also filed my formal answer to the foreclosure complaint with the court at that time.
When June came around, I immediately called Carrington and requested the RMA packet to apply for a modification, which they sent me. For MONTHS, they gave us an endless runaround, claiming that they never received documents that we submitted to them multiple times, or claiming that certain documents were not done correctly and needed to be redone and then resubmitted. Finally, after getting absolutely nowhere with them for months and being at my wits end with Carrington and the entire process, I got back in touch with the housing counselor, who got involved and started speaking with Carrington and submitting documents to them on my behalf. We were sent to underwriting many times, only to be kicked back out for completely asinine reasons, such as needing "newer signatures" than what they had on file for us or needing documents with "more recent dates" or "more recent pay stubs or bank statements," etc, etc. Again, this went on for months. Last month, they informed both the housing counselor and myself that they had received a complete package from us and that we were, yet again, in underwriting. That was the last we ever heard from them. Last week, I requested the housing counselor to contact Carrington for a status update as it had been weeks and we hadn't heard a single peep from them. He called them this past Friday, only to be told that our home had been foreclosed upon and then sold to Carrington at the end of last month! We were given absolutely NO notice that this would be occurring, despite the fact that we have been in very close contact with Carrington this entire past year while actively working towards a loan modification. The housing counselor was blown away. He said that he has about 150 pages of emails and documents that we sent them proving that we have been working with them to obtain a modification, so there is NO WAY this should have ever happened! In fact, both he and I had spoken directly with Carrington a few days AFTER the alleged foreclosure and sale had taken place and they told us that our application for the modification was in underwriting. They NEVER mentioned the foreclosure or sale to either one of us. The counselor did report this to the Attorney General's office as soon as we found out what was going on and we are now speaking with an attorney in our state who handles these sorts of cases, whom we should hear back from tomorrow. We are hopeful he can help us.
Needless to say, we are beyond shocked and terrified. We feel like a massive bomb just went off in our lives. How was Carrington able to go through with this foreclosure when they didn't even own our loan??? Isn't this considered theft since they did not have any legal right to foreclose as they didn't own the loan? They HAD to have forged and falsified documents. There is no way they could have gotten their names on the title to our property without having proof that they owned our original mortgage note, which they would not have had unless they did something very illegal. The entity who owns our mortgage hasn't existed in 10 years. Additionally, according to the CFPB, what they did to us is considered dual tracking because they foreclosed while simultaneously working with us to help us keep our home and we had an active application for a loan modification that was being considered, which they never gave us an approval or denial on. They just let it sit and did nothing with it.
What recourse do we have now? We are willing to do anything possible to save our home. At the advice of the housing counselor, I have already typed up my pro se motion to oppose writ if and when filed by Carrington to deliver to the courthouse tomorrow. We feel like our home has been stolen from us and it's the worst feeling in the world. We have 12 years of wonderful memories in our home and it means the world to us. We have put in a lot of time, money, and effort over the years to make it our own. I have been in almost constant tears and have hardly been able to eat or sleep and my husband has been having chest pains since finding this out on Friday afternoon. This entire thing came out of nowhere and caught us entirely off guard. Never in a million years did we ever expect anything even remotely like this to happen.
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