Not resolved
3 comments

After escaping foreclosure 3 times, filing chapt. 13 then 7, the third time as they say, was the charm! For two years I have been investigating possible mortgage fraud involving my elderly in-laws and original lender New Century Mortgage Corp. After much persistence and determination, I was finally able to convince our Bankruptcy attorney to look more in depth regarding the "Note" to see if by chance there even is one that exists. Skipping all the boring details, our BK att. filed a restraining order on Feb, 24 2009 court hearing was the next day, the 3rd foreclosure sale was set for March 2, 2009 only 3 business days away! Here's what happened in court!.................................

The Judge, the Honorable Arthur S. Weissbrodt, U.S. Bankruptcy Court, San Jose, Ca. Division, asked our lawyer, Marc Voisenat "have you ever done a case like this?" the lawyer replied, "no your Honor" the Judge said, "neither have I, have a seat counsel, we're going to be here a while" The Judge then proceeded to look thru his law books.

He then contacted Saxon Mortgage Company's Attorney's via land line and there in the court room had Saxon's Attorney's on speaker phone. As the Judge read the new mortgage laws to the Attorney's while on speaker phone, Saxon's attorney's requested that the Stay be lifted and the March 2 sale commence, but the Judge wasn't having that! In fact, well, let's just say he really gave it to them good boy! Reprimanding them for not offering a loan modification, questioning why this elderly couple qualified for a $930,000 loan on a fixed income in the first place, and among many other issue's, gave them until the 16th of March to produce the original Note! Can you believe the phone went dead! Saxon's attorney's actually hung up on the Judge!

Judge made two attempts to get them back on the phone but there was no answer!

I'm not saying this will work for everyone, but I really can't say WHO it will work for so you it can't hurt to try it if your going to lose your home anyway! There are MANY illegal foreclosures going on right now, and if any of you can make this "Note" strategy work to prove the one's foreclosing on your property do not have the right to, hey GOOD FOR YOU!

If your in San Jose, Ca. Bay Area and would like to contact our Bankruptcy Attorney, please do,

Marc Voisenat Office: 510-272-9787

Cell: 510-610-6800

Meanwhile, as we await the "Note" day, something else exciting happened! ABC 7 News contacted me and Michael Finney (those of you who watch this channel know who he is) is coming to our home March 25 09 to do a story on the "Note" strategy! Boy, I must have really opened a big can of worms! LOL

Also, there have been a few of you who tried to e-mail me but I lost many e-mails when my pc kicked the bucket recently, I apologize and I hope you see this so you will know it was not intentional that I didn't reply. So please e-mail me again if you'd like, I'm on a better machine now! LOL

What would we do without our computers hugh? LOL

dturtledove @ aol.com

GOOD LUCK EVERYONE! AND DON'T GIVE UP!!

Debra

Had an Experience with Saxon Mortgage?

Write a review

Comments

Terms of Service
Post Comment
Cancel
Anonymous
#95554

To those who are reading this: Just as a collection agency must prove to you that they have the right to collect the amount they are stating, so to does a mortgage company have to provide LEGAL proof that they in fact have the right to foreclose on your home.If someone is going to sue you for anything..

make sure they have the right to make that claim.

Send the request certified mail and keep a copy.If they don't comply with your request, get a lawyer and countersue them.

Anonymous
#95534

Hi. We are faced with a similar circumstance :cry I have read your case before but have not heard the outcome. what was the final results?

Anonymous
#54254

Congratulations! Good luck everyone!

You May Also Like

Hawk Eye Management - Fraud! Don't use Hawkeye Management/Lencred to finance your business! Hawk Eye Management "I was recently approached by Hawkeye Management for business loans. Once we reached the application stage, it changed into LenCred. It seems the two are the same company. One representative..." Read more Kondaur Capital - Working with foreclosures isn't easy. Kondaur Capital "Kondaur has been a long time client of mine and out of many servicers I've worked with, they have usually been the most professional. They handle all of the expenses..." Read more Lending Club - Slow confusing process with absolutely no communication Lending Club "I am currently around two weeks since our application. We decided to give Lending Club a try, pre-qualified for a loan, submitted all requested documentation immediately upon request. After a..." Read more Quicken Loans is a grand rip-off Quicken Loans "The first thing is the upfront $500, which they tell you will be taken out of your bank account down the road, towards the end of the loan process, but..." Read more Seniorpeoplemeet And Ourtime - Bad experiences Seniorpeoplemeet And Ourtime "Someone Hijacked my count All of my profile Identity profile was erased someone else's Profile picture was in my place and all my photos uploaded disappeared. I want answers to..." Read more Clay Cooley - Crooks Clay Cooley "I bought a car with them and they knew of my credit situation. I had a bankruptcy and they had the paperwork. They got me approved anyway, I signed for..." Read more New Hulu Interface Is Horrible! Hulu "The new Hulu design on Roku is pretty bad. At first I thought I needed to reboot my unit. The layout seems convoluted, oversized and difficult to maneuver through. Your..." Read more Tbdress - Dishonest Company Tbdress "We bought a dress for my daughter a week ago and it did not fit. We contacted customer service and the agents name was Hugh. He told us they could..." Read more