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Posted by Katherine Irene Solomon on November 23, 2003 at 08:46:16:
For the past 17 months I have been fighting a wrongful forclosure Option One Mortgage filed on my home. This may not seem unusual, the unusual part is that I wasn't even late. I have all my cancelled checks, I was even mailing my payments certified mail with signiture required.
This was their tactic and how this all started. I would mail my payment certified mail, they would receive it, cash it, and I would get the cancelled check back. the next month they would send my payment back claiming the did not receive the previous month. I would make a copy of the check front and back and fax it to them. They would still deny receiving the payment. April 2002 I mailed my payment certified mail, they received it, they cashed it, and I mailed my may payment in. They stamped it received before they mailed it back to me. After fighting with them on the phone a few weeks later I was served foreclosure papers. This was even before my payment was due.
I had 20 days to file a counter suit against them. If I did not accomplish this the sheriff would have evicted me from my home. It was very difficult to even find an attorney that would take the case. I had
to pay out $1500.00 just to retain an attorney.
The first day in court I proved that I made all my payments. Yet Judge Mihok tried to find in their favor. We tried to get a different judge, but he wouldn't allow it. We tried to get a jury trial on several occasions but he wouldn't allow it. My attorney has been practicing law for 50 years, he has
never seen a judge allow a foreclosure to proceed such
as this.
The judge ordered this case to go to mediation. In the 7 hours I still have to eat my attorney fees, and they will not credit me for a payment wich I have the cancelled check, my bank statement showing the money did come from my account. Yet they have no proof that they did not receive the payment. They said their
bank made an error.
The case is scheduled for Dec 22, 2003 for pre-trial. My attorney cannot continue due to a heart condition and very poor health. He also doesn't feel going in front of this judge is a very good idea.
Other harasments they have done:
1.) continuously try to get me to pay an insurance policy through them even though I had insurance already on the house wich I had to prove over and over again.
2.) claim I did not pay my property taxes, wich I had to prove over and over again.
3.) they've sent a man to the house harasing me for the mortgage on 2 occasions, when I wasn't even late.
4.) harasing my husband when he isn't even on the mortgage.
5.) calling hundreds of time when i wasn't even late and calling 9:30 pm.
What would you do in this case?
This mortgage is in Orlando, Fl
Mortgage Holder: Option One Mortgage
P.O. 57054
Irvine, Ca 92619-7054
1-888-355-7305 Ext 38333
Judge Mihok, Orange County Courthouse presiding.
Please let me have your views,
Katherine Wilson
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