Supporting, Informing & Connecting People in Foreclosure
No hope in Indiana.
I'm going to try to make a very long story short.
We purchased our home in 2005 and were suckered into an FHA 2/28 ARM loan...but assured that we would not have any issues with refinancing once the 2 year mark came. Although we were NEVER late on payments it took us over a year to find someone to refinance us. At this point the rate was up to 12% and were barely able to make the $1200 payment on an $82,000.00 loan which was almost $500 more a month than the normal payment....but we did it...without fail for 13 months....and what happened....we got suckered again in the refinance.
We were desperate...and the broker knew it. We couldn't continue making those huge payments much longer. He got us approved (FHA loan with fixed rate this time) with Taylor, Bean & Whitaker in 2008...and that's when the nightmare began. To begin with....when we got the papers from the appraisal...it was grossly overstated that we had made many improvements on the house...in which we did not and were not asked if we had. The house was move in ready when we purchased it and didn't need upgrades...although our appraisal stated that we had replaced flooring and windows through out the whole house and had added a new sided outbuilding...which came with the house. This added approximately $12,000.00 to the amount of the appraisal that was done 2 years previously when we initially purchased the home and the broker convinced us to just borrow against the bigger appraisal so we would get money back from closing. We never asked for this...we just wanted refinanced...but we were desperate at this point..so we went along with what he said was best. He was the broker after all. He did this for a living...not us.
Within 2 months after closing my husbands hours were cut (he works in the automotive industry) and we were in big trouble. No more overtime...which was included as income on the mortgage application although we asked that it not be because it wasn't normal for my husband to get overtime...but he had been quite a bit for 6 months before we went to this Broker...which is why we were able to keep up with the $1200 payments...but just barely.
I called TB&W to see what our options were...and of course was told that I had none since I was at the time current. I was advised to get 3 months behind so that I could apply for assistance. Yes...I was advised by TB&W to NOT make a payment for 3 months. At the 3 month mark I again called and they took my info (hardship paperwork) and told me that we qualified for help and a case worker would be assigned and get in touch with me. I was advised that I could call and check on it whenever I wanted...but was not advised of a time-line for WHEN a caseworker would be assigned. The lady that helped me that day even gave me her direct extension number to call and check when I wanted.
I called EVERY day for almost 2 months. At around the 6 week mark the lady quit taking my calls and let it go to voice mail and never returned my calls.
I called a different department....to only be told that my paperwork was NEVER processed. So...I was lied to for 6 weeks....then ignored. The lady I spoke to that day said that she would make sure that it was processed correctly and I would be contacted within anywhere from 6 to 10 weeks by a caseworker. I NEVER received a phone call from a caseworker and at this point it was increasingly harder to get anyone to talk to me. I would literally spend hours on the phone waiting to get in touch with someone only to be hung up on after hours on hold. I called them SEVERAL times a week. I was doing my part and trying to get it straightened out. The madness doesn't even start there...it gets crazier even.
We were around 6 months behind at this point...with still no call from a "caseworker".
I called and talked to Customer Service and they FINALLY offered us a Repayment Plan which we agreed to. We promptly sent them the payment they asked for to start the Repayment Plan only to be called less than a week later stating that they needed more money or the Repayment Plan would be voided. According to the paperwork we signed and sent back we had 3 more weeks before we were to send them another payment...but they said more money or no Repayment Plan and we wouldn't be eligible for another one. We didn't have more money to give them at the time so they voided the repayment plan and again would take no payments other than the full amount past due on the account.
Several more months of spending hours upon hours on the phone with them on a weekly basis got me nowhere. Sent hardship paperwork in several more times and gave our financial info over the phone several times....and still got no calls from anyone....although I was given a name of a caseworker that "would" be assigned to us...who was unreachable and I never once got to speak with.
Finally when we were around 9 months behind we received a letter of intent to foreclose. I called TB&W immediately and was quickly offered another Repayment Plan (which I had been told for the last 3 months I was not eligible for) and we quickly agreed to avoid foreclosure.
Paperwork that we signed and faxed back stated that upon receiving the payment (via cashiers check from my own bank) the foreclosure would be halted and as long as I continued making the payments stated in the agreement the foreclosure would not be resumed. I was also told that the lawyer in my state that had our case would be notified that day and all things through him would be halted. Yeah right.
4 weeks later we were served with Foreclosure Notice. AFTER they admitted to receiving our cashiers check...but never applied to our account. I have proof that they received it...down to the signature of the person that signed for it.
We hired a local attorney...who knew little to nothing about foreclosures or real estate laws. No choice....small town....not many options.
He was able to stall the process and we spent a lot of time with him going over what had happened up to that point....I had taken extensive notes on each and every phone call....I had names...extentions...email addresses. It was delayed on our part twice and on TB&W's once.
Low and behold...what happens.....TB&W are raided by the Feds and forced to sell all their FHA loans to BOA....and then TB&W files for Bankruptcy.
When our attorney hears this....he decides to quit on us.
The nightmare starts again......we are now at 25 months past due on our mortgage...and BOA has made no effort whatsoever to even begin to help us. I was literally told the other day that all I can do is sit and wait for a phone call....or to be served with Foreclosure Notice.
I am at the very end of my rope in dealing with all of this. I'm very sorry that this is so long...but this IS the short version....there are many many things that I have left out.
We purchased our home in 2005 and were suckered into an FHA 2/28 ARM loan...but assured that we would not have any issues with refinancing once the 2 year mark came. Although we were NEVER late on payments it took us over a year to find someone to refinance us. At this point the rate was up to 12% and were barely able to make the $1200 payment on an $82,000.00 loan which was almost $500 more a month than the normal payment....but we did it...without fail for 13 months....and what happened....we got suckered again in the refinance.
We were desperate...and the broker knew it. We couldn't continue making those huge payments much longer. He got us approved (FHA loan with fixed rate this time) with Taylor, Bean & Whitaker in 2008...and that's when the nightmare began. To begin with....when we got the papers from the appraisal...it was grossly overstated that we had made many improvements on the house...in which we did not and were not asked if we had. The house was move in ready when we purchased it and didn't need upgrades...although our appraisal stated that we had replaced flooring and windows through out the whole house and had added a new sided outbuilding...which came with the house. This added approximately $12,000.00 to the amount of the appraisal that was done 2 years previously when we initially purchased the home and the broker convinced us to just borrow against the bigger appraisal so we would get money back from closing. We never asked for this...we just wanted refinanced...but we were desperate at this point..so we went along with what he said was best. He was the broker after all. He did this for a living...not us.
Within 2 months after closing my husbands hours were cut (he works in the automotive industry) and we were in big trouble. No more overtime...which was included as income on the mortgage application although we asked that it not be because it wasn't normal for my husband to get overtime...but he had been quite a bit for 6 months before we went to this Broker...which is why we were able to keep up with the $1200 payments...but just barely.
I called TB&W to see what our options were...and of course was told that I had none since I was at the time current. I was advised to get 3 months behind so that I could apply for assistance. Yes...I was advised by TB&W to NOT make a payment for 3 months. At the 3 month mark I again called and they took my info (hardship paperwork) and told me that we qualified for help and a case worker would be assigned and get in touch with me. I was advised that I could call and check on it whenever I wanted...but was not advised of a time-line for WHEN a caseworker would be assigned. The lady that helped me that day even gave me her direct extension number to call and check when I wanted.
I called EVERY day for almost 2 months. At around the 6 week mark the lady quit taking my calls and let it go to voice mail and never returned my calls.
I called a different department....to only be told that my paperwork was NEVER processed. So...I was lied to for 6 weeks....then ignored. The lady I spoke to that day said that she would make sure that it was processed correctly and I would be contacted within anywhere from 6 to 10 weeks by a caseworker. I NEVER received a phone call from a caseworker and at this point it was increasingly harder to get anyone to talk to me. I would literally spend hours on the phone waiting to get in touch with someone only to be hung up on after hours on hold. I called them SEVERAL times a week. I was doing my part and trying to get it straightened out. The madness doesn't even start there...it gets crazier even.
We were around 6 months behind at this point...with still no call from a "caseworker".
I called and talked to Customer Service and they FINALLY offered us a Repayment Plan which we agreed to. We promptly sent them the payment they asked for to start the Repayment Plan only to be called less than a week later stating that they needed more money or the Repayment Plan would be voided. According to the paperwork we signed and sent back we had 3 more weeks before we were to send them another payment...but they said more money or no Repayment Plan and we wouldn't be eligible for another one. We didn't have more money to give them at the time so they voided the repayment plan and again would take no payments other than the full amount past due on the account.
Several more months of spending hours upon hours on the phone with them on a weekly basis got me nowhere. Sent hardship paperwork in several more times and gave our financial info over the phone several times....and still got no calls from anyone....although I was given a name of a caseworker that "would" be assigned to us...who was unreachable and I never once got to speak with.
Finally when we were around 9 months behind we received a letter of intent to foreclose. I called TB&W immediately and was quickly offered another Repayment Plan (which I had been told for the last 3 months I was not eligible for) and we quickly agreed to avoid foreclosure.
Paperwork that we signed and faxed back stated that upon receiving the payment (via cashiers check from my own bank) the foreclosure would be halted and as long as I continued making the payments stated in the agreement the foreclosure would not be resumed. I was also told that the lawyer in my state that had our case would be notified that day and all things through him would be halted. Yeah right.
4 weeks later we were served with Foreclosure Notice. AFTER they admitted to receiving our cashiers check...but never applied to our account. I have proof that they received it...down to the signature of the person that signed for it.
We hired a local attorney...who knew little to nothing about foreclosures or real estate laws. No choice....small town....not many options.
He was able to stall the process and we spent a lot of time with him going over what had happened up to that point....I had taken extensive notes on each and every phone call....I had names...extentions...email addresses. It was delayed on our part twice and on TB&W's once.
Low and behold...what happens.....TB&W are raided by the Feds and forced to sell all their FHA loans to BOA....and then TB&W files for Bankruptcy.
When our attorney hears this....he decides to quit on us.
The nightmare starts again......we are now at 25 months past due on our mortgage...and BOA has made no effort whatsoever to even begin to help us. I was literally told the other day that all I can do is sit and wait for a phone call....or to be served with Foreclosure Notice.
I am at the very end of my rope in dealing with all of this. I'm very sorry that this is so long...but this IS the short version....there are many many things that I have left out.
Replies to This Discussion
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Permalink Reply by 2 Pirates over 40 on -
Heather,
Here's a list of attorneys that have attended Max Gardner's seminars , Max Gardner know what he's doing and these attorneys should as well, no guarantee's , but its a start. Good luck, but at this point it sounds like you will need a good attorney that will know how to fight for you.
Julie Camden
Davis & Sarbinoff, LLP
9000 Keystone Crossing, Suite 660
Indianapolis, IN 46240
(317) 770-0000 fax: (317) 569-1293
Send email
Kimberly A. Gilbert
Kimberly A. Gilbert, Attorney at Law, PC
200 Ferry Street, Suite B
PO Box 377
Lafayette, IN 47902-0377
(765) 742-7259 fax: (765) 742-6868
Send email
Wayne Greeson
The Law Offices of Wayne Greeson
801 West 35th Street
Connersville, IN 47331-3492
(765) 825-9690 fax: (888) 313-7222
Send email
John B. LaRue
John B. LaRue, P.C.
4910 Wheeling Avenue
Muncie, IN 47304
(765) 287-1717 fax: (765) 287-9699
Send email
John Steinkamp
John Steinkamp & Associates
6229 S East Street, Suite A
Indianapolis, IN 46227
(317) 782-9800 fax: (317) 782-9812
Send email
Debra Voltz-Miller
Debra Voltz-Miller
1951 East Fox Street
South Bend, IN 46613
(574) 289-1709 fax: (574) 289-1909
Send email
Mark Watson
Rowdy G. Williams Law Firm
1117 Wabash Avenue
Terre Haute, IN 47807
(812) 232-7693 Fax: (812) 235-7340
Send email
Brent Welke
Welke Law Firm
4839 N College Avenue
Indianapolis, Indiana 46205
(209) 201-9008 Fax: (559) 201-9146
Send email
Rowdy Williams
Rowdy G. Williams Law Firm
1117 Wabash Avenue
Terre Haute, IN 47807
(812) 232-7693 Fax: (812) 235-7340
Send email
Mark S. Zuckerberg
Mark S. Zuckerberg, P.C.
333 North Pennsylvania Street, Suite 100
Indianapolis, IN 46204
(317) 687-0000 fax: (317) 687-5151
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Permalink Reply by Heather on -
Thank you for this list. I've called soooo many that won't even think about touching this case....since TB&W started it all. They just keep saying there is nothing I can do but wait to be served and just deal with it.
I'm not one to just sit and take what someone is throwing at me.
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Permalink Reply by BOOMIE COTTON on -
Hi 2 pirates over 40, do u hve any attorneys in northern Cali that attend the seminar? Thank you.
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Permalink Reply by L on -
I am sorry to read your all to common story. Attempting to honor a new payment arrangement only to be told that more and more and more money is demanded to save the roof over your family's head. It is never enough. Ever. And once all funds have been depleted, the foreclosure is initiated. Then one is left with no reserves, no access to credit, no way of scrounging together first-last-security deposit for rent, no hope, and a lot of fear and dread.
Do not give up. Try to stay strong and know that you going to get through this somehow.
You are not alone.
Lisa
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Permalink Reply by Gemma on
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Heather:
First of all, there is definitely hope left. You've come to the right place. There are a lot of knowledgeable people on this site as well as 4closurefraud.org.
The advice to get an attorney from the recommended list is spot-on. Everything I've read tells me that mortgage modifications are bull-puckey... the banks have led people to believe they were going to throw a homeowner a lifeline and then they yank it back.
I'm currently paid up on my mortgage, so I don't have the personal knowledge of the process as a lot of folks on this site, but I'm very sympathetic to everyone who is in your shoes and am very interested in seeing to it that the folks who threw the U.S. citizens under the bus for their own personal gain are brought to justice. They're really no different than Bernie Madoff-- just more of em!
Where are you located? I'm in New Albany, IN (Floyd County)
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Permalink Reply by Heather on
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Thank you Gemma.
We are in Seymour, IN (Jackson County)
Only about 45 minutes north of you.
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Permalink Reply by Gemma on
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Well, if nothing else, this should give everyone a good laugh...
Ex Taylor Bean chairman wants to remove ankle monitor!
http://blogs.wsj.com/bankruptcy/2010/10/12/ex-taylor-bean-chairman-...
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Permalink Reply by Heather on
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It's amazing the kind of treatment these people expect after they've committed countless crimes and taken people as a whole for millions and sometimes billions of dollars. They still feel entitled to the "royal" treatment.
While those of us that they have made a mess for get a different kind of "royal" treatment.
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Permalink Reply by Gemma on
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I don't know how much reading you've been doing on the internet, but the banks are acting like the foreclosure moratorium is not going to last long - that they just need to review some documentation --
That's just spin. The mainstream media is just so clueless and believing it. I'm of the mind that a vast majority of mortgages have the chain of title broken and the banks are not really reviewing paperwork, but probably *making* paperwork.
I have to say, it's empowering to realize that as homeowners, we can and should demand that anyone attempting to separate us from our houses needs to SHOW US THE NOTE!
A couple of days ago, I was having lunch with a friend and telling her about the latest mortgage fraud news and she asked if I was going to quit paying my mortgage payments. I said 'no, but it's nice to know how to fight off the banks if I get laid off and can't make payments'. That's something that has been keeping me awake at night since the economy collapsed.
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Permalink Reply by Edward Depp on
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I can only help you with this: http://foreclosureattorneysnow.org/ I found this site in google. They helped many people in their foreclosure issues.
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