Jim and Danielle Earl, a Simi Valley family who says they were victims of mortgage servicing fraud and then wrongly evicted from their home --return to their home, along with their attorney, Michael Pines, to change the locks and move back in.
The family had been working with the bank to catch up on payments, but discovered a $25,000 difference between the amount they thought they owed and what the bank claimed they owed so they stopped making payments. Now they're taking a stand to take back their home -a home they claim was stolen out from under them due to mortgage servicing fraud.
Watch this video...
The family had been working with the bank to catch up on payments, but discovered a $25,000 difference between the amount they thought they owed and what the bank claimed they owed so they stopped making payments. Now they're taking a stand to take back their home -a home they claim was stolen out from under them due to mortgage servicing fraud.
Watch this video...
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they werent wrongfully evicted, they made the CHOICE to stop paying. they claim to have an excellent attorney, why didnt they use him to fight the 25,000 dollar difference. they stopped paying the mortgage , fell behind in several payments and now they illegally break into a home that is not thiers now due to thier CHOICE. send the sheriffs dept to put them out and put thier belongings out on the curb and let the legitimate owners move in the house they bought.
Oh my! RICK... I'm not taking sides here; however, you have obviously been asleep for the last five years. There is so much fraud within the banks that it makes me scared to ever do business with one again; you must not understand the magnitude of the problems our banks have caused this country and the hard-working citizens that can't find work.
Are you familiar with right-of-offset and that banks have stretched that law beyond the limits by to electronically withdrawing funds from other the banks without notice? That would be Wachovia.... and have you heard of 'sewer-service'? That is also Wachovia (now Wells) submitting fraudulent affidavits to the Clerk of Courts (signed & notarized) showing foreclosure papers had properly been served on people who were behind on their payments. You know what happens when this occurs?? A person’s home sells at the local courthouse without the homeowner even knowing about the foreclosure.
Apparently, you are not having financial troubles because of the severe downturn of the economy.... and you are able to do everything by the book. Well, I assure if you have a family you must provide for, the game changes when you lose your job and cannot make ends meet.
To you, the rules are black and white (you do not pay your mortgage, you shouldn't keep your home), then the laws of the bank should be black and white too (they commit fraud, they forfeit the mortgage). Agree?!?
Rick --banks have a fiduciary duty to handle the mortgage properly -including the accounting and title. If they don't do so -and you find your payments were mishandled and several thousand dollars were not accounted for -and then you receive a foreclosure notice, would you fight for your home? Your rights to have the monies accounted for? Would it be acceptable to you to have your home taken away due to erroneous accounting? What about if you knew it was taken fraudulently?
Many stories I have highlighted here come from homeowners who have and continue to face exact situation and worse -twisted spin to reflect they are the party to blame for their own mortgage mess they find themselves in.
What should happen to those borrowers? Should they walk away from their homes? They are not only fighting for their homes and their rights, but yours too. If it can happen to them, it can happen to anyone. I know -because I have been there. I never missed a payment on my mortgage. So what was my crime? I overpaid my principal and they couldn't account for it even though I had every check.
I was forced to come up with thousands of dollars, to prove my innocence -right their wrongs.
Many homeowners I hear from never missed a mortgage payment, did all that was asked of them to "prove" they were up-to-date on payments -yet find themselves caught up in a nightmare they can't wake up from.
What happens when the judicial process is tainted, filled with fraudulent fabricated documents? Which ones do we ignore and which ones do we let slide through. It's not paperwork -they are people.
Yes, this is a mega-size catastrophe -but those that want to spin it as "paperwork errors" instead of getting to the truth -or those who insist on blaming the homeowners for corporate wrongs -only serve to compound problem. Crimes need to be accounted for and dirty launder need airing out. And to do that it needs to be called what it is: FRAUD -and last we knew, fraud was a crime.
http://weblogs.sun-sentinel.com/news/opinion/theslant/blog/denise_richardson/
http://www.disinfo.com/2010/10/foreclose-this-there%E2%80%99s-more-than-robo-signatures-to-blame-for-the-ongoing-foreclosure-scandal/
When I read Rick's comments this morning I had to walk away and count to ten. I'm so glad that Tammy had the chance to answer back to that comment before I had a chance to, because you probably wouldn't have been able to show my first comment that I wanted to make. I'm so sick and tired of all the people that are blaming the homeowners for this situation! I'm in foreclosure because EMC Mortgage claims that I haven't made a payment since April 2009, but I have proof that I did, and because they won't accept any payments from me, as of August 2010, I am now in default.
And for you Rick...I pray that you never have to go through something like this before you develop a little bit of empathy. May God have mercy on your poor, pathetic soul!
FYI....check this out.
http://www.msfraud.org/president-obama-falls-victim-to-chase-robo-signor.html
for those of you that are symphathetic to this family, please understand the following:
This family refi'd and cashed out around $340k in 2005. Every year after, they staged a spectacular well choreographed light show around x-mas. even hiring cranes to bring the lights on and off the palm trees. the best show was in X-mas of 2009, just months before their foreclosure in Feb 2010.
where was their priorities?
normal people simply do not spend thousands of dollar of money they don't have to put on a neighborhood light show when they are months away from foreclosure. Robosigners or not.
I had some balls today and went back to my house which was takin from me and my family by Fannie Mae I went there and the wind had blown the garage down so i went in cut the locks off and changed them and tomorrow im moving my stuff back in . come and get me this has been my family's home for decades and i was intimidated to leave. after researching i found fraud everywhere. from the lenders to the Realtor whom acted as the 'henchman' for Fannie Mae. its my house and im not leaving this time!see you criminals in court!