Our nightmare starts with my husband getting fired for a Work Comp injury on August 12, 2008. Then our economy going into the tank thanks to... We made payments on time, were never late. He was released from Work Comp on Feb. 14, 2009. He was looking for work during the time he was on. Potential employers told him to call after he was released. He started calling those employers back. By then the economy had taken a turn for the worse. We were still OK.
*August 2009- Full payment sent in.
*September 2009 we contacted CitiMortgage regarding our payment, at first they told us we had to be 3 months behind before they could help. I kept calling them, finally they wanted a modification so we filled out the paperwork and sent our full payment in.
*October 2009 turned down by CitiMortgage they sent us to HOPENOW, who turned us down until we could get under their guidelines. So we quit paying vehicles, credit cards etc. to get in their guidelines.
*November 2009 received a call after Thanksgiving we had been approved, what payment could we afford, since I am the only one working making $7.28 an hour, with his unemployment, $500. We made our first payment on December 2009. We never received paper works to sign, nothing ever mentioned about balloon in payment in March. We had three months to get on our feet.
*December 2009, made our first payment. Brent found work out of town making $16 an hour when the work was there. I was making $7.50 an hour. We were playing catch up on Bills, let the credit cards go:( By now we are several months behind on everything. Getting phone calls up to 6 times a day from CitiMortgage wanting money and not knowing that we are working with HOPE NOW and requesting a modification.
*Jan-March this cycle continued. We contacted HOPE NOW, never spoke with the same person twice and they told us to keep paying the $500 and they would let Citi know. Citi would call and whom ever we spoke with would either say, yes we were still with HOPENOW and continue sending payment or that we didn't qualify and to do theirs. We sent in theirs, it was once again rejected. We sent in our March payment on a close deadline, our payment had to be there by the 17th, I over knighted, due to payday's I had to over night it. Citi got it on the day it needed to be there, didn't process it until the 18th making payment late, so now we have this $9,000 payment due. We started calling to see what the heck. We mailed our payment I have confirmation it was there on the 17th and they choose to process it the next day? Now the fight was on.
*April 2010 we mailed in our payment of $500 as instructed by HOPE NOW and the Citi employees that we spoke with that stated we were still OK to do that, and argued with the ones who refused to read notes.
*April 24 we received notice on our door that we had two choices, modification through CitiMortgage or HOPE NOW or face foreclosure. We received in the mail the "right to cure and sale our house" letter from CitiMortgage attorney Castle, Meinhold, Stawiarski.
All correspondence goes out certified return receipt from this day forward...
*April 26 I went to the Clerks Office and retrieved ALL paperwork associated with this house under Brent's name. Found that the First Deed was sent to recorders before he ever signed at closing, as well as the same thing on the loan we currently have. I started going through all loan docs from 2006 and 2008, found that the first set of 2006 no signatures from anyone including Brent. The second loan 2008 only signatures were Brent's, no others there is false signatures only the signature with Brent's name and date are truly his, all others are not his. The notary for Mesa County signed before he did and dated the paperwork as if she was there to witness his signature.
*April 26, 2010 we mailed off a money order to the original lender for the amount that Citi's attorney requested, $212,569.39, made copies for Attorney and Citi and sent them out. Along with a qualified written request to all who were involved. First Community Mortgage received it on May 3.
*May we sent out the $500 payment and I bought a tape recorder. I was tired of being told different stories by Citi employees and started sending out letters to anyone who would listen. CitiMortgage employees were still contacting us, wanting money or modification or to argue with us. Getting calls from a 636-261-2484 number that nine times out of ten no one was there, when the recording stopped, someone one would come on and then pretend not to hear us and hang up. These calls would come in sometimes up to 6x's a day, call the house the Brent's cell and do the same.
Started tape recording all calls from this day forward...
* May 19, received a call that the $500 payment was refused and would be sent back, we questioned where the money order for pay off went. I gave him my sisters trust number and federal reserve number. He stated he would look into it. Getting calls from a 636-261-2484 number that nine times out of ten no one was there, when the recording stopped, someone one would come on and then pretend not to hear us and hang up. These calls would come in sometimes up to 6x's a day, call the house the Brent's cell and do the same.
*May 21 I called customer service and spoke with an April and asked here where money was at. She confirmed on Tape that the pay off money was there, she spoke with her Manager Kyle ** or ** and he also confirmed and that title would be released to us. By the end of the week we would get a letter stating congratulations on paying your house off and letting us know when we could expect the title.
*May 24, received a letter from Attorney stated we need to find another place to live, our house is going up for Auction on August 18, 2010 and we also received paperwork from the trustee as well (5 envelopes) stating that as well. We called Citi and spoke with a lady in Loss Mitigation, name is on recording that stated yes the money was there and that the title was now in litigation what ever that meant she said. She requested that we contact the attorney. I'm still sending out letters to everyone and anyone requesting help. No one from our local FBI, constituents, to our Senators, President and VP will help us. Everyone is stating they cannot help us this is not their area. Even our Attorney General refused to read or listen to us. I'm determined and keep fighting with Citi and keep tape recording and keep digging into this.
*May 25, we called the Attorney and talked with Mary of Borrowers assistance..tape reordered her as well, they are in daily contact with Citi, title in litigation and that everything is now on hold. I am still sending out letters, digging, requesting title be released.June we get a letter from Elizabeth with Attorney requesting copies of front and back of cancelled check. Well there is no cancelled check/money order, Citi is sitting on the money. I resend her the front and back of money order where my sister signed it, not a word from her, we cant even talk to her on the phone, we get the run around.
*June 24, I call the trustee office, sure enough sale is back on and its now listed in the paper. Making my husband look like a dead beat and that he can't pay his bills. I am furious. Still getting nowhere with the attorney. *
June 28, Brent receives a phone call from a Michael who is employed by CitiMortgage, doesn't state what department he works in, is rude and won't let Brent speak, just keeps telling him, when Brent asks why is my house still up for sale when the money is there. Finally Michael shuts up long enough to really listen to Brent and he also states, yes money is there, title in litigation, and that is just how they operate in regards to the foreclosure. They will more then likely pull it at 9:59 on the morning of the 18th of August.
July, I start looking for an attorney to help us with this nightmare to get this stopped, finally he asks me to see if a 120 ruling, motion to sell has been placed in District Court as well as contact the Attorney's again and tell them to stop this foreclosure until answers have been truthfully satisfied. I do that, and get no response. All we keep getting is the run around.
*July 19, since we have never received any 120 ruling, motion to sell our house from the attorney or the court. I make a phone call to our District Court house, nothing is there. It has never been filed.
*July 21, received a call from Norman ** with HUD who is requesting I do this and to let anyone who calls that they are welcome to contact him regarding this case and HUD/FHA investigating this on our behalf.
*July 25, we call CitiMortgage after a message had been left on our recorder at the house, requesting we call ASAP its urgent they talk to us. We speak with a Jennifer in Loss Mitigation who first wants copies of his pay stubs and income taxes from last year, when we question her, she states its because of our loan modification? We explained to her, we never asked for one, why would we when the money is already there and title in litigation. She puts on hold, so she can "research this" she comes back on and states; on recorder, that our title is now released, money is there, everything is worked out and that hour house was sold.
My heart sank when I heard "sold" I asked her what she meant and she stated that we bought our house, it's now ours. When we asked when we can expect the title she stated we needed to contact customer service. We received a packet from Vivian **, who did not sign anything from Legal Support, Research and Litigation. In the packet they stated they do not have to give us anything that we requested back in May.
*July 28, contact District Court, Still nothing there. *
July 30, we contact customer service, get Christine in Loss Mitigation who is now stating money isn't there, house still up for sale, we ask her to transfer us to Customer service. We get Shawn who states, money not there, house up for sale. I ask them if they would like to contact Norman ** with HUD since HUD is going to launch an investigation on our behalf against them. He/she ignore us.*
August 2, I contact District Court again, nothing there.*
August 3, get a call from 636-261-2484 we stayed on the line to see if someone would actually come on or if the phone would hang up, or if someone would truly answer and talk to us instead of pretending to not hear us. Denise with CitiMortgage and Loss Mitigation came on the phone, at first was very nice and polite, she put us on hold and when she comes back she was rude, hateful and disrespectful. She kept stating that we were basically liars and that they have never received any of our paperwork regarding copies of paperwork that they requested. Brent stated more than once that we sent it to their attorney and that we have signed return receipts stating that attorney did get all information that was requested and she became upset and stated that our house would go up for sale on August 18.
She also stated that Jennifer put on the notes on our account that she spoke with us and that we stated that we paid the house off. There was nothing there in regards to what she stated to us in a recording. I told her that if we were not recording her at the moment I would let her hear what Jennifer told us, when she found out we were recording her, she became even more angry and threatened us that we either quit recording or she would end call. When Brent asked her why they could record us and we couldn't record them.
I stated because we could use them in a court of law against them. She stated we could not and she argued with us over it and when Brent stated that we asked an FBI agent here in Junction and was told we could, in the state of Colorado as long as one person was aware of the recording it was ok. She wouldn't continue on with conversation as long as we were recording. I told her good bye, and she asked us to quit recording and wanted to continue on telling us that they would take our house on August 18 and I told her oh no she wasn't. We never told them that they missed steps, nor did we let them know that upon my digging I have found that Mers nor CitiMortgage had a business license in the state of Colorado to do business. So the injured party here is actually Brent.
*August 11, 7 days before our scheduled sale date, a 120 ruling is put to the court...the following is from Court on Sept 29, 2010.
In April of 2010 I started going through my husbands loan docs, guess what no notary signed his loan docs with him, his title was placed with the clerks office 4 days before he even signed the paperwork. I have a document where my husbands first loan, (August of 2006) wasn't paid off, yet a second; oh wait come to find out it was a "line of credit", and not what my husband was told was a second mortgage on his house, was paid off. I have a document showing where my husbands first loan (August of 2006) Was not put as a debit to my husband, yet as a credit to the first lender in 2006.
I have a document from CitiMortgage and saw a document in court on September 29, 2010 where the "NOTE" has "paid to the order of CitiMortgage" signed by one Debra **. The one we saw in court has two "paid to the order of" stamps with signatures on it. I subpoenaed the "original wet ink signature" to inspect in court, guess what? Saw a copy only and Mr. ** (spells his name in caps) would not give us a copy of it as we have been repeatedly asking for since April 29, 2010.
Remember I subpoenaed the "original" not a "copy" yet Citi's Witness testified under oath that it was the "original" one. It was a "copy" clearly you could see it was a "copy" and we never got our "copy" of this "supposed" "original wet ink signature" as I stated in our subpoena. Which clearly has the two "paid to the order of" stamps with signatures on it. Which we have been denied as our right to have. I also subpoenaed the call logs and accounting. We were handed our copies of those, upon inspections of the call logs several calls were either deleted, or completely changed, we also saw several entries that were repeated that we didn't say.
There are several entries from the Attorney as well, several entries where I supposedly stated one thing, when in all reality I never said. We spanked them on the "true and accurate" account of all calls that came in or went out, regarding our case. I had/have tape recordings of every phone conversation ever had with CitiMortgage employees beginning May 19, 2010 to well when ever we get our money and title back. Then and only then will I stop tape recording. Upon inspection of the "true and accurate accounting" that they (CitiMortgage witness and counsel) had, we were able to get them on that as well. There were payments missing from August and September of 2009, on. CitiMortgage witness also stated that as soon as "foreclosure proceedings have started, they return all money that comes in as payment. Well then if that is the case, then why did they accept a $500 payment in April and start foreclosure procedures against us? Why wasn't that money returned when the May payment was returned? Why is there $1490.46 setting in an un-applied account that Citi is refusing to return.
They didn't put any money towards payments like they were suppose to, so why are they not returning our money? Even the witness for CitiMortgage stated; "they return all money once foreclosure proceedings are started". So where is our money? (side note, 11-16-10; as I sit here and go back through their so called True and Accurate Accounting I have found that there is more then just the above mentioned amount setting there, there is another $1509.54 setting there that no one is mentioned to us yet. For some strange reason there is an extra $1000 setting there as well that we have no clue where it came from.
So in total we have missing from the "accounting" over $6000, when I call Citi to get an explanation, they now tell me that there is no record of my husband giving them permission to speak with me. Really? You idiots there is plenty of verbal and written faxes that we have recorded and copies of. Again the run around from these complete nimrods) CitiMortgage witness on phone; (ok how in the hell do we know that she truly was with Citi, she was who she said was, and was actually looking at "printed" documents that the judge ordered her to print off of her computer, yet we never heard a printer go off? This is why in our response to Counsels motion to have Citi appear by phone, we requested that it be denied and witness appear in person for credibility and assessment of them as they testified, we wanted this so called witness to look us in the face put faces to the people they were trying to destroy.
We were denied and theirs was granted) and Mr. ** with Castle, ** and ** out of Denver, stated for two hours "They have never received our payoff payment, do not have it". Yet upon cross examination of me, guess what appears, our payment. He even entered it into evidence as evidence #5. He was not a happy attorney, even stated to the Judge that our evidence was and I quote; "he had listened to our recordings and believed them to be fabricated, and manipulated and that there was no way we could prove that they were not".
With our evidence we were able to prove Mr. **, **, **, **, CitiMortgage and their witness had in fact lied and perjured themselves, entered fabricated, manipulated evidence as accurate and true into a court of law. Our evidence was in fact not fabricated and manipulated as Mr. ** wanted the judge to believe. He even argued with the Judge on her "over ruling" of his objection of her allowing our recordings in as evidence, really? Who does that, argues with a judge? Then Mr. ** requested a phone in, since it is "4 hours away, and for a 15 min ruling, isn't cost productive". It was so granted.
October 8, nothing. no word from Mr. ** or anyone in the office for that matter, yet there are Plenty of names on our documents as attorney's. No one called, so the Judge gave her ruling, based on all evidence that was provided on September 29, 2010; "Respondents are not in default, therefore motion authorizing sale is denied oh and the great thing on that signed Minute order; The attorney was FTA".
Well on October 14, 2010 **, **, ** and Mr. ** decided to do a "Motion For Reconsideration" really? Wait a minute here? This is a huge, cookie cutter, foreclosure company, who of all people should know; You can't file a motion for reconsideration, it's against the law! Then in your motion blame the Judge's clerk, the court house and lie stating that the judge didn't grant him the phone in? Really? Did I just read that correctly? Is this Law firm and this Attorney, blaming everyone but themselves? To actually lie in the motion? Wow, just goes to show the ** and the nerve that this company has. Then again, the ** and the nerve that CitiMortgage has.
I have a copy of an email from Castle, Meinhold, Stawiarski, that was sent to the Public Trustee's office on October 15, 2010, requesting a sale date of November 17, 2010. Yep you read that correctly. The Public Trustee was to sale the house anyway, even though Mr. ** and his law firm, and citimortgage, knew he could not. The judge said no! This ballsie law office and huge lending company, was hoping the Judge would let their crap and lies slide past her and she would be in a caring mood and let them have their Motion For Reconsideration.
After all, he was so busy the day of the Ruling, he was handling cases for another attorney in the office, he is all over the state handling cases and since it was her clerks fault that he didn't appear by phone, that should not be a reason to side with us. Please give him his second chance and side with him.
I believe in my heart, gut and soul that had I not called the Public Trustee's Office and brought our "signed order by the judge" to his attention, he would have sold our house at auction on November 17. That order was mailed from the Judges office at the Court house, to the Public Trustee's office, and placed in our file along with the one that we had taken to them before this.
Obviously and its quite clear that our account was never flagged in the system as having such a document? Why is it I had to remind them that they had a signed order? Why was it they put it on the books to be sold on November 17, with that signed order setting in our files? Why can't we do anything to the Public Trustee for ignoring the cold hard truth and facts in front of him! Why? Well the Judge got their Motion for Reconsideration on Monday October 18, denied stamped across the top of it, and her reasoning behind it. Well she simply stated; "Due to the statements made in the Motion for Reconsideration, the Court is promptly issuing this Order.
The Court has concluded that a hearing is not necessary and the presentation of evidence is not necessary. There are no facts alleged which would require evidence or further explanation. Based upon the testimony presented at the hearing, the Court's determination of credibility and assessment of the sufficiency, probative effect and weight of the evidence, as well as the reasonable inferences and reasonable conclusion that the Court drew from the assessment of the evidence, the Court entered detailed oral findings. Ultimately, the court determined that it could not find that the Respondent had defaulted on his loan. On that basis, the court denied the Petitioner's Motion for Order Authorizing Sale. In no way was the denial of the Petitioner's Motion for Order Authorizing Sale based upon the failure of Petitioner's counsel to appear at the hearing for oral findings. "
So you see, I have proof of the left hand not knowing what the right hand is doing. That their so called "continuously view our document handling procedures and believe the integrity of Citi's foreclosure process, and have not identified systemic issues" is a joke. Yep I said it joke! Here let me say that again; joke, lies, corruption, manipulations falsified and fabrications of documents, made up stories! CitiMortgage Witness testified that "CitiMortgage was simply the servicer and foreclosing on behalf of First Community Mortgage".
Really? Did she just say that? Seriously? Did she just say that? I have a document from First Community Mortgages Attorney stating they have nothing to do with this loan anymore"! How is that possible?...anyway There is no notary signature on any of his loan docs. No notary was present when he signed in 2008.
What about those "paid to the order stamps" that are on the "note", what about that $1490.46 setting in un-applied that Citi refuses to return, what about that $500 that was received in April when foreclosure paperwork had been started?
What about that $212, 569.39 pay off that was received by First Community Mortgage on May 3, 2010, CitiMortgage states they have on May 21, 2010 What about that recorded call on May 21, 2010 where April with Customer Service at CitiMortgage states, they have our money they will be releasing our title, we should get a congratulations letter, then our title with in 1-2 weeks.
What about that recorded phone call on May 24, 2010 where Debra with Loss Mitigation at CitiMortgage states our title is in litigation and she doesn't know why, tells us to contact **, **, **.
What about that recorded phone call on May 25, 2010 where Mary with Borrowers Assistant at **, ** and ** states that Yes our title was in litigation and everything was on hold, yes they were indeed in contact with Citi, and everything is on hold.
What about that add in the Legal section of our local newspaper, that the Public Trustee ran, after receiving our recordings, and me calling, exactly one month to the date, June 24, 2010 stating my husbands house would be up for Auction in August. Wait a minute, didn't Mary at the attorney's office state "everything was on hold, because our title was in litigation"?
Why is our house in the paper, with every real estate office and with realtrac as a foreclosure ?If Citi has the money, our title is in litigation, which means Citi has the money, then why are we being put through this nightmare, our name being drug through the mud, our house in the paper. My husband made to look like a deadbeat.What about that recorded phone call on July 25, 2010 where Jennifer with Homeowners Assistance at CitiMortgage states that our title is now free and clear and we should be getting it in the mail.
I believe Mr. **, should have done his homework, instead of believing what some of his employees across the nation were telling him, if what he stated to ABC was true, then....Why is some of his own employees stating they have no record of us ever sending in or them receiving our payment . Yet we have recordings of several who state other wise? If a title is paid off on the 21st of May, in litigation from May 24 to July 25, again I state; You can't have a title in litigation if money had never been received, and why did we have to go to court on September 29?
Why are we still having to endure this debacle that they caused, by their incompetence, manipulations, mishandling of documents, monies, lies, fabrications, stories, corruption, fabrications, left hand NOT know what the right hand is doing, lack of truth, honesty, reality, and most of all their greed! !Why do we still NOT have our money and title/deed/note, why is Mr. Gantenbien and his giant cookie cutter foreclosure law firm, still trying to foreclose, even though CitiMortgage, the Public Trustee, and his firm all have signed judges order; "we are not in default" ? How is this possible. Why won't Citi give us our title and money back? Seriously what are they going to do with it?How do we get our house off the foreclosure list when we have phone calls stating our house is paid off!
Why is CitiMortgage and their Attorney's being so stubborn? Why are they making this so difficult?All we are asking for right now is the $1590.46 and our Title/Deed/Note to our house, or simply our title/deed/note. This is it, we don't want to have to fight them in court for it, after all, we do have proof that they have our money, Mr. ** and his giant cookie cutter, fabrications, perjuring, corrupt, self righteous, manipulating, falsifying, holier then thou, disrespect for the justice system, court orders, laws, judges, better then anyone, don't have to do what the judge says and CitiMortgage, knows they have the money.
When is our nightmare going to end, my migraines, lack of sleep, too busy to stop and eat or drink anything, because we have to stay on top of these lying, conniving, corrupt, manipulating, snakes in the grass, 24-7 since April 24, 2010 to...well when they give us our money and title/deed/note, or title/deed/note back.... eat, sleep, drink, etc., going to end? This is a nightmare, we paid our house off, these bullies know we paid our house off, yet they won't release the money and the title/deed/note. Our new sale date, is Dec 15, we will go through this every month for the next 9 months until its been with the trustee for one year. After that, the trustee can no longer put our house on the auction block.
They can start foreclosure proceedings against you and blame you for it, make up trumped up and fabricated reasons as to why you fell behind and you will loose your house, because they feel they are above the laws, that state they don't have to give us the information that we request regarding our loans.
CitiMortgage and their attorney's are self righteous, indignation, holier than thou and feel, show and demonstrate on a daily bases by the crap that spews out of their mouths. We are looking for someone who can help us with "our special limbo" the judgments are piling up fast, and I am not sure how long I can keep them at bay.