Image by Thomas Hawk via Flickr
In days of old, if we suffered a "home robbery" the homeowners could call the police for help. The cops would help the victims with recovery of the stolen items, and often an all-points bulletin would be put out and newscasts would report the crime. Today, if you suffer a "home robbery" it's more like "highway robbery," and there is little you can do. The crime can happen in broad daylight and leave the homeowner stunned and alone: no cops to call, no all-points bulletin looking to catch the crooks, no victims' rights advocate or government agency to step in and make things right.
Peoples' homes are being stolen, and though they are not being removed from their foundations and carted off to pawn shops, they might as well be. Crooks are pushing families and children out of their homes and neighborhoods without cause--and nobody seems to care.
Bewildered and frightened homeowners are left asking, "How did a simple refinance end up with my home being stolen?" Or, "How can the bank refuse my payments and then steal my home?" Or, "How is it that a bank can steal my home and no agency is there to stop the crooks and help the victim?" Or even, "How is this happening in America?"
I am asked these questions every week. And that's why I have begun to highlight some of these homeowner stories and raise awareness to the dangers of any proposed legislation designed to speed up the foreclosure process.
Homeowners can call their legislators and attorneys general and dial away trying to find attorneys that "get it" and will help them fight to keep their homes. But the crooks continue to get away with stealing homes because nobody is stopping them.
Just one home stolen is one too many. The stories that do make their way to the news find it doesn't help--the home is lost anyway.
What will it take before someone with authority does something to stop this?
Here is an excerpt from yet another frightened homeowner -just one of many found on various online video sites, activist sites, advocate sites and complaint sites;
OCWEN IS TRYING TO STEAL MY HOME WITHOUT ANY RIGHT...Find more info on mortgage fraud, wrongful foreclosures and mortgage servicing issues by reading a few earlier blogs.
I had Upland mortgage since 2002 but they sold out to Ocwen around 2003. Since then my home has been in foreclosure twice. They have forced placed insurance on a home that I had insurance on. They have never paid my taxes on time. They do not honor the agreement they send me in writing!
In Dec 2009 I was approved for a Loan Modification. I was to pay a down-payment and keep up my monthly payments of $531.04. I have kept up my end of the deal. Yesterday I received my monthly statement and it said my next payment was $6,431.96 due in 15 days.
I called Ocwen and the rep said the statement is correct. If I do not pay the $6,431.96 by the due date, they are taking my home. In the modification agreement, it states that "upon modification, your note will become current and will not be in default." However, the lady on the phone says I didn't have an agreement and I am in foreclosure. But I have the agreement in writing!
I asked to speak to a supervisor and got disconnected. So I called again. As soon as I asked to speak to a supervisor, I got cut off. This has happened every single time I've called in the past several years.
Now, they say that they can terminate my loan modification as they see fit. They are taking away my home for no reason! MORE
Watch this video (note the date) and pay particular notice to how the mortgage industry claimed they didn't need any additional regulations...
And in case your wondering how Jack made out...he lost his home. Jack now concentrates his efforts on helping other homeowners avoid home robberies at his site fighting mortgage servicing fraud: msfraud.org
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Denise, you are correct. These homes are being stolen - but are being masked as legitimate foreclosures.
My case illustrates it very clearly. The following was taken from a recent letter I sent to almost everyone listed in President Obama's Executive Order 13519, signed on November 17, 2009, ORDERING the members of the Task Force "to investigate and prosecute significant financial crimes and other violations relating to the current financial crisis and economic recovery efforts, recover the proceeds of such crimes and violations, and ensure just and effective punishment of those who perpetrate financial crimes and violations." (Id. Exec. Order)
In 2002, at the request of the House Financial Institutions Committee, I presented testimony that Bank of America and Bear Stearns’ EMC Mortgage were trying to foreclose on my lawfully-owned home, when the uncontestable evidence proved I never missed a payment. An ABC affiliate reported on my visit for its investigative series titled: “Mortgage Mess”. Shortly after Part-V aired the station pulled my story and the #1-rated reporter’s employment terminated.
In 2004, a Biglaw law firm took my case to trial where EMC admitted they didn’t even own my home. EMC also testified I was never in default, actually overpaid, and admitted they saw Bank of America’s errors, but rather than correct the mistakes, they “just decided to steal Mr. Wright’s home and equity”. Within seconds, the judge shut down the trial; later recused herself, and my attorney withdrew. The court transcript was tampered with and at least 20 minutes of testimoney plus EMC’s admissions of guilt were removed.
{How could the court(s) allow Bank of America and EMC Mortgage to repeatedly file for foreclosure against the same property for 10 straight years?)
In 2005, I was flown to Washington D.C. to meet with four FTC attorneys, where my preponderance of evidence launched an FTC investigation; resulting in a paltry $28 Million settlement as restitution for 86,000 victims of EMC's illegal acts. People who lost hundreds of thousands of dollars in equity - plus their homes - were given checks for $446.00. As the whistleblower, I received nothing.
In 2006, and without a court order, EMC solicited 4-armed constables to also commit an unlawful act and evict me from my lawfully-owned home. In the process, someone found the key to my lock-box and took my birth certificate, baptism certificate, social-security card and my “mortgage”. (Last week I read the transcript of a former EMC employee who said EMC steals identities and uses the information to create fraudulent loans to sell on Wall Street. Not surprizing.)
In 2007, after hearing about my case, a law firm flew its top 3 lawyers to Dallas by private jet to meet with me. Within 30 minutes, the founder declined, stating: “There is so much corruption in this case by a bunch of crooked lawyers, including your own… and all of your judges.”
In late 2008, I filed suit against EMC, Fulbright & Jaworski and the constable. Only four days after the constable was served, a hearing was held to dismiss the constable. At the hearing, the constable’s lawyer was sworn in and testified (with the constable sitting in the courtroom) that his client “was not present during the eviction”. In response, I presented the court with a high-resolution photograph of the constable at my home during the eviction.
After telling me that he was holding me (a non-lawyer) “to the highest standards of a lawyer”, the court sanctioned me for harassment and dismissed my case. (The public holds "judges to the highest standards of a judge" and demand they follow the law, and it is obvious this judge wasn't. Then on appeal, the appellate court dismissed my case 12 days before it was even due.
In 2009, I discovered what was behind this fraud. During the Savings & Loan Scandal, my 1987 non-negotiable note was discharged in 1992 under the 1961 version of the U.C.C., and for the fraud contained in the loan origination – only nobody told me.
Recently, I recovered what Bank of America and EMC had falsely alleged to be my loan. A legal researcher and an expert mortgage analyst found: mortgage, accounting, securities, notary and recordation fraud; probable tax and insurance fraud, plus fraud against the government. The papers also show this single note was copied into at least three (3) mortgage-backed securities and sold on the secondary market. The big BAILED-OUT criminals had to steal my home of 20 years to cover up all its many frauds, but the evidence and truth remain.
I should be able to take the evidence into any court and seek redress for my severe damages. But now, after this unbridled lawlessness litigated me into poverty, I am being denied access because I can no longer pay the court fees. That issue is currently before the Texas Supreme Court.
For anyone who still believes in the rhetoric "They bought more house than they could afford"; my house payment was between 2%-14% of my monthly income. I had no credit card debt or car payment.
People need to understand these homes are being stolen, and I greatly appreciate Denise for putting the truth in writing.
Great blog Denise. Your thoughtful take on the synonymic definition of "home Robbery" not only rings true but after reviewing the story of Mr. Wright it conjures up two more words...... "Bank Robbery!" The people committing these crimes should be arrested and thrown in jail for the gravity of their crimes just as any other common thug would be.
After reading the blog entry I can't help but feel sad and angry at the same time. I used to work as representative on this one bank's collections department (which is most probably almost the same as people collecting for mortgage payments)and I've encountered a lot--I say--A LOT of computer errors that have occurred. What we could do was to simply apologize for the inconvenience and say that we will be submitting a case about it and even if you talk to my supervisor the same thing would be said. Now, these "cases" get reviewed and probably get properly modified in a ratio of 6:10. So what happens to the other 4 clients? well they go down the drain or they get modified after being tagged delinquent and after their credit report gets ruined, and having the credit fixed takes another long and grueling process. Not to mention that while you are in this process if the bank decides to "sell" your account to another bank, you go back to square one!! Jack's words struck me real hard, "..what a lot of people call the American Dream. I don't share that. This isn't the American dream this is a nightmare". This is a rip-off! A slap in the face!