CA: Woman Wins House Back After Foreclosure

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PRETENDING TO MODIFY WHILE SETTING HER UP FOR FORECLOSURE

BORROWERS BEWARE: MODIFICATION PROCEDURE, UNLESS IT IS UNDER COURT ORDER IS A RUSE TO GET YOU FURTHER INTO DEFAULT

 

EDITOR’S NOTE: She’s not the first by a long shot, but this case shows that Judges are getting increasingly suspicious and angry about the behavior of the pretender lenders. And again it shows that for the last 6 months an increasing number of Judges are demonstrating their willingness to apply the law and let the chips fall where they may. As we keep saying — that’s all we ask — apply basic law and let the chips fall.

We know that

  • that the pretenders are just interlopers stealing houses,
  • that nearly all the foreclosures to date are subject to being overturned,
  • that if they are not overturned we have a major title crisis using wild deeds as the basis for future transactions, and
  • that the artificial deflation of housing prices caused by the “inventory” of “foreclosed” homes is dragging every one down — from the person who is minding his own business paying his monthly payments on a mortgage that is probably already paid off, to the government agencies and authorities who are losing tax revenues, to the unemployed, underemployed and people who have simply given up.

The lessen is DON’T GIVE UP!

 

Pinoy homeowner wins foreclosure lawsuit

By Henni Espinosa, ABS-CBN North America News Bureau

REDWOOD Shores, California – A 73-year-old Filipino woman made history when she became the first person in California to win her house back from her lender even after it was foreclosed in San Jose, California.

Corazon Palma got her 4-bedroom house back after staging a battle against Washington Mutual through a wrongful foreclosure lawsuit.

Palma is a cancer-survivor who lives on a fixed income. So, in 2008, she asked her lender to lower her monthly mortgage payments of $3,900 a month.

A year later, she said that her lender promised to send her a loan modification packet. Instead, a Coldwell Banker real estate broker came to her house to notify her that her house had been foreclosed at a Trustee Sale.

“I was so shocked. It felt like a bucket of cold water fell on me. When they gave me the note, I called my attorney,” said Palma.

She sought the help of Attorney Kenneth Graham, who represents many Filipino homeowners in Northern California.

Graham said, “WAMU deceived Mrs. Palma into thinking they were making loan modification efforts on her behalf while they were secretly planning a foreclosure sale on the property.”

Her fight in court paid off.  Last January, a judge ruled that Palma be awarded back her house.

Last Friday, she attended a court hearing in San Jose to find out the terms of the judgment. Palma would have to wait until December 3 to know if she will end up getting her house back for free.

Graham said, “The best case scenario for Mrs. Palma is if a judge rules that the lender has no further right to exercise the loan against the property. Hence, Mrs. Palma gets the property for free.”

Worst-case scenario for Palma is that she continues to pay her mortgage but at a lower monthly rate.

No matter the judgment, Palma said she’s glad she won the fight to keep her home.

She said, “But I know other homeowners are being abused as well and lenders really need to be taught a lesson for deceptive practices to stop.”

Homeowners who feel that their house has been wrongfully foreclosed may contact the Law Offices of Kenneth Graham at (925) 932-0170 or visit their office at 1575 Treat Blvd. #105, Walnut Creek, California or their website, www.elaws.com. Balitang America

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22 Responses

  1. [...] is the next step to become a paralegal in criminal law?Strengthening Paralegal Career with EducationCA: Woman Wins House Back After Foreclosure function callgoogle(plusone) { if (plusone.state == 'on') { setTheClass('block'); [...]

  2. Good lord, saveamericaone, you really put up the good fight, didn’t you? I can’t I’m sorry get a handle on all that, but my ears perked up when you said you couldnt’ get out of the loan unless you paid 31k. At what point was this in relation to the date you closed the loan? Surely you don’t really mean you were told this at the closing table?
    (I just saw your comment for the first time tonight – sorry.)

  3. The Sheriff just padlocked the Morell home but Aurora and a bunch of other Defendants are tardy on their responses to their counterclaim. I anticipate they will be filing a Motion for Default Judgment, citing this case. Like, tomorrow. To hell with these apparently bought-and-sold “Judges” — Orange County’s Glenn Mondo is seen sitting on a yacht named Aurora for all intents and purposes:

  4. Dear John Gault:

    Yes. Robo-law Zucker Goldberg Ackerman in Union County NJ in agreement with WFHM and Executive Specialist, WFHM Bonnie Schooler did turn over documents for foreclosure Janaury 2009.

    Firm recognized to be a Robo-law firm, served documents under Honorable Chief Justice Rabner’s order forcing entity to recertify that they were filing documents in accordance with NJ Rule 5-…Certification.

    Leonoard Zucker Sr. Counsel name on documents filed with County Clerk on Lis Pendens. A party with a (similar name) (18 year old child support non-payment of a convict in court system) added as mortgagee and recorded with County Clerk Lis Pendens.

    Added to prevent modification for listed against mortgagee in order that consumer ‘legally’ won’t qualify for modification? and/or real reason just realized looking at discovery.

    A real claim was filed by robo-law firm with Old Republic against title policy issued for defect in title. Luckily the summons issued July 2009 – September 22009 was acknowledged that the party referenced was not the same party related to property and claim denied. Due diligence – SSN not same was obvious upon the May inquiry of all those ‘judgments. Somebody selected that particular judments and omitted others at the law firm in order to file the claim! Who would benefit from the claim? settlement agent? or WFHM? or both?
    had the claim been accepted.

    Banks do what they want when national association is affixed protected by OCC no one can do anything about the abuses other than AG who always sends back notice from consumer affiars not under our jurisdiction or placed in reading room. Who is the BULLY in the ROOM OCC or robo-law firm or Servicer?

    January 2009 submitted report of loan fraud and QWR Loan Mod request seeking top/down investigation into loan fraud during origination by local WFHM employees and perhaps settlement agent, for we had third party funding check, fees added taking 5% of asset and we were not allowed to cancel when documents were presented unless we paid $31K.

    Multiple issues in writing submitted to John Stumpf c/o Michael Carter Legal Services, Welsl Fargo Bank NA, 420 Montgomery St, San Francisco, CA 94163.

    Our Qualified Written Request for loan modification under RESPA provided evidence and details of loan origination fraud prior to 3-year statute of limiations. I never realized how important the info I had was and neither did NJ DOBI, FTC, HUD, OCC under Congressional Inquiry #854370 for I shared info and status via Fax.

    QWR RESPA investigation and evidence accepted by Michael Carter Legal Services, Wells Fargo Bank NA c/o Wells Fargo & CO, 420 Montgomery St, San Francisco, CA 1/2009, and I specifically requested a top/down investigation assigned to Bonnie Schooler, Executive Specialist WFHM, Des Moines IA. 2/3/2009 she turned over to robo-law firm to foreclose and never investigated – found out from loan modification rep Jamie MacDonald Bonnie Schooler refused to investigate. Michael Carter tried to get other investigator involved at WFHM all refused. Michael Carter over six months followed forms filed in black hole and would get back on course. We could not find attorney who would look at ‘origination folder documents because they had ‘Wells Fargo’ name on them.

    Contraced WFHM Legal Services and validated that Michael Carter’s assignment to Bonnie Schooler of our loan fraud complaint was never registered as open case with Legal Services of WFHM Des Moinies per verbal phone call women there had no record. Got transferred into Bonnie Schooler one time and she growled through gritted teeth when I introduced myself to never call her again and asked me if I knew how much trouble I had caused. I said Bonnie I’ll promise to never call again as long as you find out why the loans were sold prior preventing me from cancelling the loan products sold that were misrepresented.

    OCC ignored all of my complaints and would send to WFHM who would send the same restated we have investigaged your complaints and they are not valid there was no origination fraud.

    WFHM did not respond to QWR RESPA complaint – did not respond within 21 days addressing the fraud unless the generic form letter send repeatedly is the legal response.

    Meanwhile in communication with Michael Carter 415-396-5581 efax 415-396-2581. When I thought Wells Fargo Bank NA was an American bank, and trusted entity was responsible corporate citizen, I was negotiating a new mortgage (get back all monies paid and new mortgage) as that is what RESPA states.

    I am a stupid consumer who did believe they would help!

    As they kept lying and no one would help I signed up for school to take the paralegal certification program with county college.

    Possess better ideal of civil procedure, business law, UCC, US Constitution.

    In good faith we did list property for short sale, while we asked for loan modification and were instructed to be late to get consideration, and also by April processed deed-in-lieu hiring loass mitigator for we were petrified of ‘foreclosure’ and job loss was reason we needed mod until market picked up.

    Loss Mitigator Chris Petsche said he had never seen WFHM hate somebody so much as they hated me and asked me to stop faxing info to Michael Carter and maybe they would work with us. They lost paperwork multiple times and Michael Carter would track down. Finally deed-in-lieu processed, negotiations communications exchanged, and end of May Loss Mitigator stated there was a judgement (large $18K) and verbally they pulled back offer for any consideration exclaiming since we had a judgement against the property that prevented the investor from any considerations.

    No a court did not say we had withdrawn. Matter was not in court yet the summons for the foreclosure was not assigned a docket number yet. Is it possible they held back the complaint filed March 30, 2009 until 6/3/2009 so the 3 year statute of limitations of fraud expired? They had the ‘evidence’ we had from origination as I recognized the documents locally were not at corporate and of course corproate would want to know about local employees and agents who were harming the good name of Wells FArgo Home Mortgage.

    Letter from WFHM dated 6/1/2009 via US Mail stated WFHM had complied with our request to cancel DIL, etc. (LIES TRAINS and AUTOMOBILES).

    I checked land and property records, found the lis pendens which listed Monmouth County Sheriff ’18 year old child support lien’ affixed to property mortgagee and the electronic records reveal filed by the robo-law firm Leonard Zucker Esq Sr. Consel filed with County Clerk. IS this a felonious act? by a law firm who is a debt collector?

    We submitted identification affidavit to Monmouth County revealing documents to WFC, OCC, Zucker Goldberg Ackerman and Monmouth County Sheriff ….

    I never knew until this week Zucker filed claim with Old Republc.

    July 2009 I filed motion (Plaintiff did not show up) and being pro-se Judge would not hear nor review documents instructing me to find a good foreclosure defense attorney.

    Looking through discovery found not only did Zucker the robo law firm file the Lis Pendens affixing unrelated third party to property records as ‘Mortgagee’ they filed a real claim with ‘Old Republic’ who holds the Title Policy ordered by Wells Fargo Home Mortgage issued by local Title & Settlement Agency in NJ, and filed in July claim to collect on the defect in title it appears.

    If Monmouth County had not replied to the ‘summons’ that the party named is not related to the party listed (two different social security numbers) would a defect of title claim been paid? What would they have paid? And to who?

    If the robo-law firm did this to me they did this as part of their procedures and processing and additional abuses of power and privleges of a bank inflicing harm upon consumers the weakest link.

    When the consumer is told they don’t qualify for something they don’t receive a letter back stating that rather they receive a letter statting the consumer cancelled the action so no matter what a consumer does in good faith the bank can show President Obama the consumers act in bad faith.

    If anyone were to ever investigate each transaction WFHM would lose their national association ‘license’ – that’s a lie right – for the OCC always says good job Wells Fargo and would you rate my performance handling this matter for you. See South Dakota Inactive Records Wells Fargo Home Mortgage, 13 pages of Agreements May 2003 – John STumpf and OCC approving merging out of existence Wells Fargo Home Mortgage as long as Mortgage Corporation business done inside of Wells Fargo Bank, National Association.

    ALERT: Currency flows during origination thru Wells Fargo Funding II (Norwest Integrated….) before Wells Fargo Bank NA.
    ALERT: Currency flows during servicing thru WFHM division ….Des Moines IA

    Anyone know why Chief Justice Rabner did investigate filing falsified documents with County Clerk? and/or Courts? regarding matters presented before him by Legal Services?

    Is he a good guy or not?

    He saw the evil, and he issued orders to force this same robo-law firm to attest they filed in accord with NJ certifications and rules and they lie – lie – lie
    So what happens if they don’t? What was the point of the matter 12/2010-May 2011?

    The attorney Richard Haber Esq. was in charge of robol-law firm Zucker at time of foreclosue processing and filing of Lis Pendens – he left June 2009 to another firm McElroy… who was oddly enough the firm in NJ JPM used for Chase Lending aka Chase Home Mortgage Corp? of JPM JPM liked this guy so much they hired his as Associate COunsel of JPM

  5. I would like to personally thank the Office of Farrell Donald located in Queens NY. Mr. Farrell and his legal team helped to dismiss a foreclosure case filed in the county of Westchester against my property. The judge disposed of the case. I have not read the order as yet, but it has been dismissed. Thanks Mr. Farrell!

  6. I couldn’t resist and sent this quote to my servicer after he sent me a suspicious SOT and wouldn’t respond to my inquiry for proof of conveyance:

    “When a bogus mortgage assignment is recorded against your property, that’s slander of title which is bad enough. But the moment your a loan servicer initiates a foreclosure based upon that bogus assignment it’s a whole new ballgame. It then becomes a violation of the Racketeer Influenced and Corrupt Organization Act by the mob which consists of your loan servicer and all of its associates. There are civil penalties for that as well as criminal.”

    I don’t remember where I got that quote…here maybe? Anyway, he’s being very silent…

  7. saveamericaone – I am very interested in what you are saying, what is happening there, but I just don’t understand it. Someone else is 1) placing a lis pendens on your home and others’ homes? and 2) pursuant to what? A judgment which has nothing to do with you or others homes?
    How does a lis pendens 86 a QWR? (if that’s what you’re saying there)

    3) You were trying to modify and WF sent in letter to whom? A court, saying you had withdrawn your desire to modify?

  8. Dear John G:

    “It used to be that a lis pendens should only be filed pursuant to a lawsuit,:

    Looking through discovery documents provided by Settlement Agent and Robo-Law Firm from 2009. Interesting. Robo law firm filed and processed claim of fraudulent judgement (not ours) placed against our property with Old Republic using Title Loan Policy issued on refinance for the falsifield claim!!!!! Lucily, the Monmouth County Sherrif Office replied or the robo signer would have filed the claim under motion to dismiss. So don’t ignore those robo-law firm placed lis pendens attesting incorrect judgements which are not yours!

    I thought the poiont of the falsified lis Pendens was to force stop all of our QWR requests. Said acts were in agreement with Wells Fargo Loss Modification Executives and robo-law firm ‘Agency’ between both. Wells Fargo submitted in writing letter that we had called to cancel our QWR Requests, fraud reports, and modificatio.

  9. Dear John Gault:
    Thank you for excellent points.

  10. As long as banksters refuse to modify after taking billions in taxpayers funds to do so and play very damaging games with homeowners over modification, get all the free homes you can when the law is on your side. I for one don’t appreciate the state of our economy and the oppression felt as a result of this country’s own traiterous citizens bringing about a global crisis. And I don’t care if homeowners contributed. They’re not charged with the knowledge the leaders of the pack are, the ones who purposely dangled the poison carrot. That’s my 2 cents on that. No one should be ashamed for standing up for his or her rights or for the proper application of the law.

  11. @Ian, well I wouldn’t put it past a bankster to allege a default which hasn’t happened. to get insurance or for any other reason.
    Still, I have never understood the arguments made here about subprime loans.
    And, I’m starting to get it that some insurers changed their coverage to not kick in until the dust settled – after foreclosure.

  12. I take umbrage with the “Get the house for free” comment. In no instance has anyone got a house for free except as a gift or inheritance. She might have gotten a discount. It was most definitely not for free though. I’m sure she made at least one payment. There probably also wasn’t which of a discount against it’s present value either.

  13. johngault-
    as ANONYMOUS has explained repeatedly, loans, or modified default debt, were put into default before homeowners even defaulted. As they defaulted from the supposed Trust, which it appears they never made it into the trust anyway, then the only thing left is/was collection rights. It doesn’t matter which of the numerous obligors paid the debt, but as the ‘loans’ defaulted, they were paid. And, as you can’t collect on the same debt twice, then what do we have? Or, more pointedly, what does the servicer have? Not much, it appears, except the borrowers knowing that they borrowed from someone, and must owe someone. So the game continues. Thanks for your well-thought-out posts.

  14. And from a case I just read, if the loan isn’t in a trust, and ABC were supposed to be the servicer for the loan pursuant to the PSA, ABC is not the servicer because the loan isn’t in the trust and not governed by the PSA.

  15. Your paperwork for modification gets lost because they can’t fiind the note, for one thing and dont’ know who owns it. Or let’s say it were ‘supposed’ to meet the provisions of a PSA, but didn’t. So even if they find the note, it is without endorsements which were to have been done, etc., which means it’s legally not in the trust. How can they modify such a note?
    They can’t. Servicers took the HAMP funds without apprising the government that they had to purchase the note before modification. Else how could they modify a
    loan they don’t own? I or your neighbor might as well do it. The only thing a servicer, or any third party, could do is enter into a new contract with you to supplement your now lowered payment, lowered by the alleged ‘modification’. But that isnt’ a modification in fact – it’s a guarantee by the servicer or whomever to supplement your payment. It may be, too, that only a certain amt of loans in a pool may be repurchased or replaced before it negatively impacts the status of the pool. I think it’s even more complicated, because if the servicer purchases the note and does do a modification, they own it and there must be some issues there of which we’re not aware. There are other reasons, probably including a desire to hold onto the gimme HAMP funds, these modifications aren’t being done. We haven’t uncovered them all yet and until we do, we dont’ have the right tools to fight.

    People getting ‘surprise’ f/c’s is an outrage, of course. To prevent this bs as best one can, you may file a “Request for Notice” with your county recorder. That way you have some (add’l) defense when you are not notified as you are supposed to be.

    It used to be that a lis pendens should only be filed pursuant to a lawsuit, I think. But these are different times. If one knows “on info and belief” that a particular lender
    has pulled this no-notice bs on other homeowners, I’m not sure that I would
    hesitate to file a lis pendens without an attendant lawsuit. I’m not sure I would hesitate if I thought I had entered into good faith modification negotiations, either.

    In, in addition to the Request for Notice, in lieu of the lis pendens if I were too timid to file a lis pendens, I might include a brief statement setting out that I am in modification negotiation. I don’t know the legal, if any, value of such a statement done separately or incuded in the Request for Notice, but you have a right to record it. It’s your property. And it can’t hurt.

    And if you’ve already been fwrongfully foreclosed on, don’t forget about those Notices of Intent to file suit.

    One shouldn’t have to do any of this, but as we know, those guys don’t play fair.

  16. its about time we start to win i felt when wells fargot was playing with me i new it was wrong but judges were still giving the homes to the banks so my cousin whom is a lawyer in fla told me to keep applying for a hamp loan i didnt want to cause i new each new applicat ion they got 1k so when they moved my file and lost my fed ex package i backed out i already got a mod and they increased my mortgage. I made a total of 9 payments between my forebearance and my mod all missing in action. we are hard working souls we need foreclosures to stop now. This is to stressful on families and kids not knowing when we will be wrongfully ejected from our house florida servers are skank have to check freq at court house for court date may never get served this is though a good day we r winning

  17. @Trespass Unwanted – Thanks for your thoughts. Fortunately we haven’t lost our home as we told them that we wouldn’t entertain a short sale, even though the tried to get us to do it. I told them I’d go down fighting. That was two years ago and we are still here and living free. I have a Pro Se suit in Fed court that we are hoping will stop HSBC dead in their tracks. I’m with you on, what goes around comes around!

  18. @Donna,
    An agreement to sell short is not the same as a ‘theft of property without a right to do so’.

    There is no proof someone under ‘coercion’ forced you to sell unless the documents to initiate the sale were signed ‘under coercion’.

    So many of us have suffered this injustice. I’ve had to let it go from a ‘spiritual perspective’. I still ‘desire’ the Cease and Desist order that makes them go back and review the foreclosures from Jan 2009 to December 2010 to remedy me for the unlawful dispossession.

    I will not buy a home that is already built. I cannot see myself in someone else’s wrongful foreclosure home, but I see many people are happy to take what was taken from others, as their home.

    The energy behind the transaction may follow them, because cosmically it’s just not right what we’ve had to go through, but there has to be a ‘cosmic lesson in there’.

    When I first lost the home, I was hoping ‘cosmically’ I wasn’t supposed to be there because a natural disaster like a tornado would have come through and I could have been there and harmed or lost it and the contents thereof.

    But now that a family has taken it (I hope they didn’t do it knowing it was a fraud foreclosure, but I believe they did), I’ve had to let go of that thought.

    All, just hang in there. If things go well, this mess will crash and burn and unravel and more, and from the ashes a rebirth and a renew, like a Phoenix. We will be better off than we were now.

    Keep watch over your thoughts and realize what you put out, you get back.
    These banks are not people. So to put out thoughts against their employees harms no one but you. Karma/Law of Attraction…for those of you that read or saw The Secret (I didn’t), it’s still along the same lines.

    Love you all,
    Trespass Unwanted, life, corporeal, freeman, in jure proprio, in jure divino, live born, free, born alive, whole blood, allodial, adult

  19. It appears to me that the majority of the general public who are doing okay do not care what is happening in the courts and what rights they may be giving up by allowing lenders and servicers to proceed with the wrongful foreclosure. Do you have any idea how many millions have requested modification packages and gotten no where but to the slaughterhouse of foreclosure. This is not anything knew by any means.

    I worked on a deal in California and the modification was in process and the foreclosure took place. Two days later we arranged to have the house deeded back but only because we came up with a good faith payment and a promise to continue paying on the note by a relocation company.

    Each case is different and needs personal attention, but how could anyone not be foreclosed on when they cannot make the payments and the modifications were simply a ploy to collect as many payments as they could until they were ready to take the homeowners home to foreclosure.

    Why is it taking so long for the Administration and the Congress to halt the foreclosures until we know what we can do to address the issue. The reason is the admnistration and the Congress does not intend to go upgainst the banks for obvious reasons. The general public will have to sow what it reaps – non performance to make demand on the administration and the Congress to do something about halting wrongful foreclosures.

  20. If reversing a foreclosure after the fact is starting to happen for many, what if you were roped into selling your home in a short sale? I’m sure that can’t be reversed, at least I believe. What are your alternatives for action??

  21. Good for her…

    But of course, there’s that word again: “mortgage”.

    If she has a “subprime”, then she’s paying on a debt derived from reaffirmation of collection rights…correct?

    But, nice to know some judges are getting wise…finally!!!

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