Re: Option One Mortgage wrongful intentional foreclosure
Posted by Shannon Burchett on February 16, 2004 at 10:41:11:
In Reply to: Re: Option One Mortgage wrongful intentional foreclosure posted by katherine wilson on November 23, 2003 at 09:17:33:
: : 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
I myself had a loan with option one mortgage, i am going through a divorce, my husband was court ordered to make all payments current and to continue to make payments, he tried to send them a check to catch up payments, they mailed it back, I am still in the home, and never recieved anything, had no idea of this until my husband and i talked,(through divorce court) what was happening, a neighbor found the sale in the paper, i called them and wanted to give them a payoff, my uncle was going to get a loan for the home,(personal) so that way i could keep it, and not worry about loosing it to my husband through the divorce, they told me they would contact me within three days for the payoff. since then i have tried to call them at least twice a day, they will not return my call, when i call i get a voice mail, and today i have a t
