My name is Colleen **, and I am writing this letter in regards to my mother Janet **, for whom I am given the Power Of Attorney. Janet lost her husband, back on February 8, 2011, and late March, found that he had taken a loan out using their home, which is in both their names as collateral. We started calling Suntrust immediately, upon finding about this loan, and its delinquency with no luck in reaching a person that we could talk to, other than their voice mails.
Finally, in late July or early August, we reached a lady who told us she had the loan in her department, but the loan was no longer there. It was sent to the foreclosure department, with a lady named Pamela **, representing that department. Ms. ** and I talked almost everyday, trying to figure out what could be done at that point, on my mother's behalf. Ms. ** informed me that she needed some paperwork filled out, and returned to her, so that the loan that my mother Janet knew nothing about, could be investigated. Janet ** has been diagnosed with bipolar schizophrenia, with manic depression way back in 1968, and is always paranoid, thinking people are trying to take things from her. When the loan was acquired back in late 2007, she had just been admitted to the psychiatric hospital, due to her not taking her medicine for her mental illnesses, which she stopped taking back in April of that year.
I had to fight with my stepfather John ** for months, before he would let me have her admitted. Once we found out about this loan in 2011, Janet stated that she knew nothing of the loan, and never signed anything to do with a loan. Ms. ** sent this to investigation, on the claim that Janet never signed the deed of trust. The paperwork that Ms.** needed from Janet was inner office mailed from Suntrust in Pulaski, TN on October 7, 2011, and on October 10, 2011. I called to make sure Ms. ** received the paperwork, only to find out that she conveniently was out of the office for that week, and I was informed that no one else was able to help my mother Janet, due to the case being Ms. **'s, and no one else could access that information, which once again I found to be very convenient for the bank, and far-fetched in my belief.
I worried about this for a couple more days, and on the 12th of October, called Suntrust again, to hear the operator tell me that Ms. ** was not available. I explained to her that I needed to speak with Ms. **'s supervisor, due to the fact that I hadn't heard one way or another, about Janet' paperwork, and the last letter that I did receive from the bank, stated that if this paperwork was not in the office, the home was due to be foreclosed upon on that day October 12, 2011. I reached a lady, who when she gave her name, I didn't understand it as well as I thought, because when I tried calling back, they told me there was no such person in that office, but back to that time that I spoke to this lady, who I called Sylvia, she was very rude when I asked about the paperwork, whether they received it or not. She informed me that she would call and find out why they did not receive it in their branch.
I asked her about the foreclosure for that afternoon, and she told me she would call me back, in which she never did, and that brings me back to the fact that I was given the wrong name, because I called back that afternoon when she never returned the call to me, and I was told she didn't exist in that branch, and the supervisor over Ms. ** was in fact gone for the day, at that hour I called. I didn't know what else to do, besides waiting until the following Monday to speak with Ms. ** herself, and when I did, she informed me that the loan was in the investigation department, which we needed to wait for the outcome. She then called me the last week of October, leaving a voice mail giving me a heads up, that the investigation was concluded, and they believed that the signature was in fact Janet's, but I didn't get this message, until October 31, 2011, due to my phone being out of service, and by this point I had also received the letter informing Janet, that they believed the signature on the deed of trust was in fact hers.
I then called Ms. ** on the 1st day of November, in which I informed her that Janet wanted to appeal the decision, because she looked at the signature that Ms. ** stated they found in the investigation to be hers, and Janet, along with myself, knew for a fact the signature was not hers. Ms. ** then told me she could re-submit the paperwork for investigation once more, and I agreed this is what needed to be done, along with informing Ms. ** that I would now be hiring a lawyer for my mother. Ms. ** agreed, and asked that once I did that, to please call her, and inform her of the name of the attorney we would be using. On November 2, 2011, I received a letter addressed to Janet, or current occupants, that the home was foreclosed on October 12, 2011, which was the week that Ms. ** was so conveniently out of the office for the week, and no one could help me, along with me speaking with the supervisor on October 12, in which she never contacted me back, as she stated she would.
While this whole loan mess was in the investigation department, the bank went and foreclosed on the home, which I didn't believe was legal. At this point, I contacted Legal Aide, because my mother is on a fixed income and widow, which meant that she lost a larger income than hers, and could barely make her bills. The fine people at Legal Aide had me come in, and fill out an application for Janet, then two days after that, was taken care of, one of the attorneys contacted Janet, asking for all the information on the case. We gave all the information, and within 3 days, received a phone call, stating that if we would have contacted their office months earlier, they may have been able to do something, but being that we needed the help immediately, we were given a number for a lawyer here in Pulaski, who I called at once.
He told me that I must have missed something in the whole situation, and said he was going to find out everything he could. We received a phone call from him later that day, for him to inform us that Janet indeed signed the deed of trust, and that the lady from Suntrust who notarized her signature, would swear to that under oath. This only enraged me more, because if they had this so called deed of trust that was notarized from the start, they would have had no reason to investigate the signature, and say that they compared it to a signature card, from when Janet opened her checking account at that bank. They even sent me a paper with the signature on it, which was not my mother's signature. Now, all of a sudden, they have a deed of trust notarized with a notary, who is willing to go to court for her own employer.
I thanked him for his time, in which he told me that we would receive a bill for, and started calling other lawyers in our area. To Janet's and my dismay, all of the lawyers contacted stated they couldn't help us, which made me feel as if because this was a big bank in the area, no one wanted to fight against them. I feel that my mother Janet has been unfairly foreclosed upon, was not given the chance to keep her home by hiring a lawyer, to help her fight the wrong doings in this whole mess, and was not even offered the chance to catch the loan up, so that she could keep her home. This bank just went ahead and foreclosed on her, without giving her a chance.
I did go to court on her behalf on January 9, 2012, to appeal the case, and was informed by the judge that I could not stand and represent my mother in this case, and that he would reschedule the hearing for January 24, 2012, at which time, I had to make sure that Janet was present. Janet ended very ill, and had to go to NHC nursing home for rehabilitation, and is considered a home bound adult. I called Andrew **'s office, who is the attorney representing Suntrust Bank on January 23, 2012, and explained to his secretary that Janet would not be able to show up in court the next afternoon. She informed me that she would give Mr. ** the message, and he would return my call the next morning, which he did.
I explained everything to him, and he asked if Suntrust had contacted Janet about giving her $2,000.00, if she handed over the keys by the end of the month, at which time I reminded him that she would not be able to pack everything, find a new place to live on her income, and move in 7 days. Mr. ** told me he would call me back in just a little bit. When he did call back, he informed me that the bank would give Janet until February 29, 2012 to move out, and that all I had to do was show up in court that afternoon, and get the paperwork for Janet to have her sign it. So that is what I did.
I don't believe that this was in the best interest of my mother, being that I think Suntrust took her home illegally in the first place. I believe that this offer was made, so that we would not have a chance to find a lawyer to handle the case, but I wasn't able to do anything else, due to Janet being in the nursing home, along with not wanting to take her into the courtroom, and chance sending her into one of her many personalities, then being thrown in jail for one of many different reasons, like offending the judge, or cussing the attorney representing the bank, who she feels stole her home. I will tell you this, I had to take the paperwork over to the nursing home, for her to sign in front of a notary, and once I was able to get the notary to witness her signing the papers. The notary did not ask for my mother's photo ID.
Thank you for your time, and anything you can do to prevent this from happening to someone else through this bank. As for my mother, she will be out on the street homeless, after 11:59PM February 29, 2012, along with my 14 year old son, and myself, who gave up everything to come live and take care of her, after she lost her husband.
