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+--- Thread: Please Help Us Save Our Home (/showthread.php?tid=30170)
Please Help Us Save Our Home - Angie - 12-05-2016
My husband, myself and my 11 yr old son need help in saving our home from foreclosure. We currently need $3,500 to help start the process in saving our house or else the bank will put our home up for auction in a few months. I need to hire an attorney who can help us begin the process of fighting this foreclosure. I have tried going to another website for help with no success. Sorry if this is long but I am desperate and at the end of my rope here. My paypal is sadiemiss@aol.com. This is the email I am registered with at paypal. Please read what is going on below, it is long but it explains what your money would go towards, I would never ask for money without explaining in detail what is going on and why help is so desperately needed.
Our bank came to us in April 2016 and claimed we were behind on the mortgage which was impossible since we had been paying every single month. The bank sent an escrow analysis as well as a Transaction History both of which showed inaccuracies. The bank logged in the incorrect mortgage amount, incorrect principal & interest, they calculated the escrow incorrectly, they paid themselves twice for some months, they also took some mortgage payments and placed them into a suspense account even though our payments were in the correct current amount, they also cashed checks late in order to accrue a late fee which we were never made aware of which they now want to collect along with a supposed deficiency. We had never received a statement nor escrow analysis from them for two years until April 2016 even though we had requested one for quite some time. The bank was not willing to work with us to clear any of this up. They gave their attorney the incorrect information, every single document from them says something different.
In April we had an attorney who was representing my husband. My husband had filed a Chapter 13 bankruptcy in the Summer of 2014 which allowed us to keep the house and pay on any arrears we owed from when my husband had been out of work. We would make one payment to the bank for the regular mortgage and one payment to a trustee for the arrears. The bank, with the very first payment to them for August 2014, took that payment and back applied it to the year prior and did that for every single mortgage payment we made, unknown to us until April of this year....they were not supposed to do this.
The bank literally back applied current mortgage payments towards Chapter 13 bankruptcy months that we were already paying on, so when they asked for a payment for August 2014 they were in turn taking it and applying it to September 2013 and did this all the way through for the next two years until it allowed them to turn around and say we were a year behind, when we really were not. We would send them a payment for $830.67 and they would log in a payment of $884.98 and take the difference and place it into an unapplied account, they would also take some entire mortgage payments and place them into a suspense account--in total they've placed $13k worth of mortgage payments into a suspense account and then claimed there was nothing in the suspense account. They miscalculated our escrow, started our escrow with a negative balance, overcharged for principal & interest, made various multiple deposits into escrow at times when there should not have been, they posted our checks at times 14 days after we mailed them and they made sure it was posted after the due date in order to accrue late fees.
When we told our attorney about all of these mistakes in April he was very distant about it & seemed uninterested, which confused us. Turns out he only handled bankruptcy and wanted nothing to do with contesting mortgage payments and only wanted to handle bankruptcy, he told us we should find someone else (true story, he really said this). He then went missing in action, we were unable to find him, he would not answer e-mails or phone calls, the last time we heard from him was in June 2016, six months ago. When the bank wanted to take us to court to lift the automatic stay in bankruptcy in order to proceed with foreclosure we had to represent ourselves in court, our lawyer never showed up which angered the judge, and us as well. The bank did not show up, but they did have a rep appear via speakerphone who lied in court about everything. Since the loan is in my husband's name, and not mine, I was not allowed to speak in court which hurt us greatly aside from not being represented. The bank originally claimed we were behind 7 months, then in court claimed it had been a year, then in September claimed it had been 18 months-in the incorrect dollar amounts & dates, their story keeps changing.......yet the judge ruled to lift the automatic stay regardless of the fact that I provided to the court all of the documents and check images proving we had paid & what they were doing with our money in order to essentially fabricate a foreclosure.
I was finally able to find an attorney who specializes in this issue but I have to pay him for his services, he is our only hope, and I do not have the lump sum of $3,500 to pay for the attorney to help us. We do not have much time left, a sheriff was at my door this morning to serve papers because now it is a civil matter & we have to go to court in the county so they can decide to foreclose and then auction the house off early in 2017. Hiring an attorney will not only delay this process but can help us get the right legal defense that we need to fight this and help us stay in our home, this bank is literally committing fraud and they'll get away with it and literally steal my house of 13 years because of their poor accounting practices and fraud. Since June I have contacted my local congressman, local senator, local newspaper, the FDIC, the Dept of Justice, the CFPB, the NCUA, and a million other things but was constantly told it's a legal matter and that I need an attorney and they could not help us. I've been phoning and e-mailing feverishly for months now begging for some kind of help in any form or fashion. This attorney I spoke with 3 days ago can help us, he can provide a proper legal defense as us going pro se defending ourselves will not work and has not been working. It's been like a nightmare where you're screaming but no one is listening, I did not skip out on my mortgage, we paid it every month, the bank was doing many things with the payments to where they made it appear as if we weren't paying. I can't allow them to do this to us.
My son is 11 years old, he has autism, bad enough we'd be victims of fraud and allow our home to be stolen by this bank but my son having to leave the only home he's ever known would be absolutely devastating for him, if there's anyone I'm doing this for it's for him. He needs to stay in his bedroom in his home in his same school. If we have to leave our only family is out of state, my husband's job is here however so my husband would stay here & my son & I would have to move out of state, we'd all be split up divided by states, all because of the bank, the only way to keep my home and keep our family together is to hire the lawyer who told me he can have a forensic auditor to examine what they did which is what is needed to prove to the court in a more professional manner what is really going on, that they cannot foreclose on a home where the homeowners paid the mortgage every single month. I cannot keep my family together if I cannot afford this attorney.
I never ask for money, ever, but this time I am at the end of my rope and I am desperate and going to my last resort measures by asking on the internet. I otherwise would never ask or beg but this has been the hardest fight in my entire life, it has taken it's toll on all of us physically and mentally. I cannot for the life of me fathom how one can lose a home when they've been paying every month, and the bank had been claiming it was up to date and current, until one day they decided it wasn't and their documents show what they did. I have proof of this but I need the attorney for legal representation, I need help hiring the attorney and I am begging and pleading for someone to help. If I could just find 3,500 people to give just $1 it would save us a world of heartache, and my son a world of pain, this Christmas, I'm trying to have a normal Christmas for my son but I'm increasingly finding it hard and I'm getting tired and I don't know what to do anymore, everywhere I turn there's a brick wall. I don't know what else to do. All I have left is to ask for help on the internet. I have to put my pride aside for my son no matter how tired I am. I know we got screwed over by the bank, I have proof of it, I just need the attorney and time is running out and I'm gradually losing hope.
This is not a case of a family who skipped out on the mortgage or obligations, we did what we were supposed to do, we paid every single month like we were supposed to, in the current correct amount as the correct amt was filed with the court. I have no idea how they can get away with this and I don't want to live in fear anymore inside my own home that we'll be split up in a few months. Please help us the way you would want to be helped if you were in this situation. Anything can help, a dollar, two dollars, if I can find a bunch of people to help then I can pay the lawyer his fee to get the ball rolling. The court date in county court is in January, if we're not represented legally I fear we won't be successful. I worry for my son, it breaks my heart, the entire thing just makes me physically ill. My paypal is [email=sadiemiss@aol.com]sadiemiss@aol.com[/email] anything you can give would be greatly appreciated. I am not some scam artist, I am a mom and a wife who is trying to avoid losing my home here in Pennsylvania and I'm trying to raise whatever I can to help us and fight this wrongful foreclosure. We were not one of those who bought more than we could afford, we were always frugal, the bank misapplied our payments and only an attorney can help. please PLEASE help us, please. This is all I have left is to ask online, I don't know if it will work but I'm willing to try everything I can. Thank you for reading and please please help if you can.