Post Number: 1
|Posted on Saturday, December 21, 2002 - 08:41 pm: ||
I am very curious if it is just the "Equity Loan & Default Dept." that has the job duties of just either telling customers or actually loosing our payment history?
I had 2 weeks left till the end of a fraudulent foreclosure.Last night I physically went to a local WF branch to bring this equity loan up to date (their words without proof NO payment history)
I spoke with a teller, a bank loan supervisor, branch manager. I asked them all if they could please provide me with instructions so I could get my payment history. And how far back they could go? ( personally thinking they should have them all in the archives ) I was politely told by all of them to sign in and a Equity Loan Banker would call my name to help me obtain these records.
While I was waiting, I noticed their bank fliers and banners advertising boldly about applying & getting a equity loan with results within minutes.
When my name was called I asked what procedures did I need to do to get my payment history.She told me they could retrieve it on their software.When she realized it was a EQUITY loan she apologized & told me the ONLY way for me to obtain that type of loan's history(and confirmed that WF keeps all payments on record) I'd have to call & request it through their 800 number with the Equity loan dept.
This is the same number that I have been calling & same dept. that I've been requesting verbally & written form for the payment history. A few days ago I once again received in the mail the only part of the payment history that I don't need. I told the WF employee in this dept. the specific dates I needed. I continue to get the run around. Now as of yesterday she told me on the phone that it is impossible and those payments (which are the most important) were"Spunged / Lost". Last time it was that they were waiting for these records & the request was pending.
I know for a fact that others banks keep their records in the archives.Other loans we have had with other banks always produced our payments when we requested to obtain them.It never took this long. It's been 6 years that I have & continue to request the payment history.
I also paid over $8,000.00 last night to stop this foreclosure.Do I need anything else besides the reciept of payment I received from WF to avoid any further problems or mistakes that might occur by WF in the future?
They file & record these default notices with the courts & the public. Are they suppose to do the same type of notifications when a default has stopped?
I just want to be sure this foreclosure is stopped. I don't want nor need any new problems.
Before making this payment I was talking to an ex-attorney, he was telling me what his other occupation was, buying foreclosed properties.For 23 years. He seemed alit bit disappointed.
Since I NEVER get a straight & ligit answer from the lawyers & courts, could you give me any suggestions?
I do realize that you are not an attorney. I'm not posting this message thinking that you are an attorney.
I personally feel that my local courts are not through trying to obtain possession of this rare type of high demand property.Lots that can build 2 or 3 condos on.Valuable profit for ones owning this size of property in this area.
Also if anyone knows if I can file / petition in a separate courthouse for "ADVERSE POSSESSION"? If I qualify, how can I do this?In California I think the time frame to qualify for this is 5 years.This property has back taxes owed & the title is not in my name.I have been living in this house for nearly 6 years.
Once again this is a subject that I have found trouble getting any answers from the "legal field".
My situation isn't as rare & complicated as I continue to be told it is by attorneys.It appears to me it's more like greed and lawless attorneys ethics they vow & thrive on.
To all people out there who are experiencing deliberate forced difficulties to: PLEASE HANG IN THERE!!!
If we all work together in helping each other out who are & have been victimized as myself, I personally feel we can make a positive change.
The hardest lesson for me to learn in my situation, was when people tried to convince me that they wanted to help. Actions speak louder then words. Remembering that "NOTHING IS FREE" even their type of help that came with insults & 100% NEGATIVITY.
Being a survivor of ovarian cancer has helped me to appreciate life and others. And especially the appreciation for being able to continue to strive to remain positive.
I am no professional Attorney, Banker, Realtor etc., But I can offer my personal experiences & Info I have that has helped me to endure this ordeal with the courts & W.F. for the past 6 years.
If I can help anyone out there having similar times PLEASE feel free to reply.
Any ligit suggestions , ideas, leads to help me in finding my answers to end this b/s of a case, PLEASE respond !
Christine the work & the help you provide & do is HIGHLY APPRECIATED. Probably more then you are told or know. THANK YOU !!!
You are UNIQUE.
Post Number: 366
|Posted on Saturday, December 21, 2002 - 11:22 pm: ||
"I also paid over $8,000.00 last night to stop this foreclosure. Do I need anything else besides the reciept of payment I received from WF to avoid any further problems or mistakes that might occur by WF in the future?"
You DEFINITELY need to follow up to make sure your payment was
1) properly credited to YOUR account.
2) sufficient to bring the account current.
I recommend Faxaway, and INSIST on a written (faxed) response.
Faxaway and K7. net free VM/fax phone numbers
If you look at Lynette's accounting you can see how many cash and check payments made at the BRANCH they "lost."
"They file & record these default notices with the courts & the public. Are they suppose to do the same type of notifications when a default has stopped?"
No. Unfortunately, the NOD is almost as bad on your credit as the foreclosure.
I once had a similar situation (they misapplied a payment made at the branch,) but since it was entirely due to Home Savings' fault, I *believe* they undid the filing, it never showed up on my credit. They also reported the mortgage without any late payments, I didn't even have to dispute.
So if credit is important to you, you need to look into this. If not, just make sure that you get their letter stating that the account is current.
And, I would also call the company handling the sale to make SURE that they cancelled the foreclosure. Take no chances.
"Also if anyone knows if I can file / petition in a separate courthouse for "ADVERSE POSSESSION"? If I qualify, how can I do this?In California I think the time frame to qualify for this is 5 years.This property has back taxes owed & the title is not in my name.I have been living in this house for nearly 6 years.
Once again this is a subject that I have found trouble getting any answers from the "legal field"."
I'm not surprised! I vaguely remember "adverse possession" from my real estate law classes, it's nothing I've ever seen anyone do. I've never even HEARD of anyone getting title that way.
That doesn't mean that it can't be done, only that it's very rare and that's why nobody can advise you on it.
Sorry, don't have a clue about that. I can't even imagine how you'd end up with adverse possession of a VALUABLE property for 6 years.