Re: Option One Mortgage wrongful intentional foreclosure
Posted by Tonya on February 03, 2004 at 11:01:57:
In Reply to: Option One Mortgage wrongful intentional foreclosure posted by Katherine Irene Solomon on November 23, 2003 at 08:46:16:
Option One is a lender under National City Bank (who also own First Franklin Loan Services) I had a wrongful foreclosure July 2003 in California. I am fighting to get my home back after the foreclosure, because I was on a repayment plan, I worked with them almost daily while the lender continues a trustee sale without my knowledge. I offered xxx dollars to bring me closer to current,Lender send letter stating I didn't make payments from March-June (but I wired over 2 sets of payments in March) Lender foreclosed with incorrect accounting (they overcharges me approx $2k 0 that's the payment they claim they didn't get)They held on to documents that they needed me to sign to re-do a repayment plan and my jast date to make payment was June 2, 2003 - their forms were mailed out to me on June 2! I have the original postmarked envelope from the Lender.
I wonder if this is standard practice for companies held under National City Bank since we both are having issues with one of their lenders.
PS I was advised that my case also falls under Predatory Servicing - you mat want to look at that for a possible defense regarding your situation.
: 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
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