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Mortgage Fraud?? Please Help!!

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mommy10

Junior Member
Indiana

Unfortunately in 2011 we had to do a Deed in Lieu Foreclosure on our home. Our mortgage company was Bank of America (BAC). We completed everything in the agreement, had it signed/notarized, BAC's representative signed and notarized, their law office recorded it with our County Recorder's office, and it was complete! They sent us the final documents and we went on about our lives with a fresh start.

In September 2012, I received a "mortgage statement" from a company named Select Portfolio Servicing (SPS). I called the number listed and advised them we didn't own the property anymore and that we completed a deed in lieu with BAC. They stated that the loan was transferred to them. I again argued that we don't have a loan with that property anymore. The supervisor then said that I was basically lying and that kind of mistake doesn't happen. I told her that I had copies of the Deed in Lieu. I then faxed them to her and she still said that it wasn't sufficient. I told her not to call me ever again.

I continued to receive monthly mortgage statements, collection phone calls, and then they started threatening us with foreclosure. I called BAC's attorneys and confirmed that the paperwork I had was a complete Deed in Lieu and confirm that we don't owe anymore toward the mortgage. She said that was correct and confirmed the recording documents with our county. She said if they try to foreclose, they won't get far. But in the meantime this isn't going away. They have now reported over $18,000 in missed payments on our credit report.

I have filed a complaint with BAC and SPS. I have called every department possible. I don't know what else to do. We completed a deed in lieu when we lost income and sadly had to walk away from our first home, but knew there was hope to revive and start fresh. We were finally cleaning up our credit report and now bam! our credit is now crap again. They have reported a missed payment every month dating back to December 2011. I am at a loss, I don't know what to do.

Any suggestions?? BAC's attorney has been helpful with telling me to fax SPS documents and such, but says they can't get involved on my behalf since they are BAC's attorneys. I am about to the point where I want to find an attorney, but I don't have a large lump sum to litigate with a huge corporation. I would think it's pretty plain and simple considering we have the documents. But that doesn't help our credit report!
 


LdiJ

Senior Member
Indiana

Unfortunately in 2011 we had to do a Deed in Lieu Foreclosure on our home. Our mortgage company was Bank of America (BAC). We completed everything in the agreement, had it signed/notarized, BAC's representative signed and notarized, their law office recorded it with our County Recorder's office, and it was complete! They sent us the final documents and we went on about our lives with a fresh start.

In September 2012, I received a "mortgage statement" from a company named Select Portfolio Servicing (SPS). I called the number listed and advised them we didn't own the property anymore and that we completed a deed in lieu with BAC. They stated that the loan was transferred to them. I again argued that we don't have a loan with that property anymore. The supervisor then said that I was basically lying and that kind of mistake doesn't happen. I told her that I had copies of the Deed in Lieu. I then faxed them to her and she still said that it wasn't sufficient. I told her not to call me ever again.

I continued to receive monthly mortgage statements, collection phone calls, and then they started threatening us with foreclosure. I called BAC's attorneys and confirmed that the paperwork I had was a complete Deed in Lieu and confirm that we don't owe anymore toward the mortgage. She said that was correct and confirmed the recording documents with our county. She said if they try to foreclose, they won't get far. But in the meantime this isn't going away. They have now reported over $18,000 in missed payments on our credit report.

I have filed a complaint with BAC and SPS. I have called every department possible. I don't know what else to do. We completed a deed in lieu when we lost income and sadly had to walk away from our first home, but knew there was hope to revive and start fresh. We were finally cleaning up our credit report and now bam! our credit is now crap again. They have reported a missed payment every month dating back to December 2011. I am at a loss, I don't know what to do.

Any suggestions?? BAC's attorney has been helpful with telling me to fax SPS documents and such, but says they can't get involved on my behalf since they are BAC's attorneys. I am about to the point where I want to find an attorney, but I don't have a large lump sum to litigate with a huge corporation. I would think it's pretty plain and simple considering we have the documents. But that doesn't help our credit report!

I cannot see you being able to fix this without an attorney. Its a real mess. If they sue you, you should countersue for the damage that they have done to your credit report, for your legal fees, and get them court ordered to remove the erroneous information from your credit report.
 

mommy10

Junior Member
What kind of attorney should I look for? We live in a small community, mostly defense attorneys or family law.
 

LdiJ

Senior Member
What kind of attorney should I look for? We live in a small community, mostly defense attorneys or family law.

I would start with a real estate attorney, and if they cannot help you, ask them to refer you to someone who can.
 

sheer1

Junior Member
Thank you. I will try to find a local one tomorrow.

I met with an Attorney yesterday with a very similar situation involving Bank of America. We have the Deed in Lieu signed docs, Cash for Keys $3K, 1099 for the 3K, and a Cancellation of Debt Form 1099 filed by Bank of America. We thought this sad piece of history was over. Within 6 months, Bank of America sold this loan to another debt collector and we are in the same mess you are in. However, ours was never recorded.

I would very much appreciate an update on your situation. Or other advice. I have been advised to file many, many complaints. The Attorney is calling the banks. The "new" Bank wants to start a NEW Deed in Lieu. Bank of America states they never recorded it and they will reverse the 1099 and stated, "It's YOUR problem!" The Lawyer states this is clearly, Unfair Lending Practices.
 

RileyB

Junior Member
I am not an attorney, but have ample experience with foreclosure proceedings. My belief is that SPS will not prevail in any foreclosure proceeding against you. You have all the required documentation to establish your position, while they lack any documentation to establish theirs. A simple search of land records will indicate that they do not have standing to bring foreclosure proceedings against you.

You can, however, seek to protect your credit by filing a dispute with credit reporting agencies. You can also send a cease-and-desist letter to SPS.

If you can afford to be proactive, sure, you can hire an attorney and sue SPS. Otherwise, I would do the above and wait. In fact, the next time they called, I would encourage them to file foreclosure proceedings against you in order to settle the matter once and for all. A judge need only review the documentation to dismiss the case.

This is just what *I* would do and again, I am not an attorney. :)

EDITED TO ADD: Do an internet search on SPS and you will find lots of mortgage and foreclosure fraud accusations.
 
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RileyB

Junior Member
Yes, I do have ample experience investigating, advising and helping homeowners facing mortgage and foreclosure fraud. If you read my thread, then you should know it involves neither of these issues. (HOA v Homeowner, not Loan Servicer v. Homeowner)

Please feel free to disagree with my advice; that is what a forum is for. The personal attacks are welcome via PM. :D
 

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