Americas Servicing Company / Update on my lawsuit
In January 2008 Americas Servicing Company said they would refinance my $85, 000 first mortgage from a 10.625% ARM to a 6.200% fixed rate effective March 1, 2008 with my next payment scheduled for April 1, 2008, and they instructed me to make no further payments on my loan or they would withdraw their offer.
It is now the end of September, and I have made no payments since December 2007. Although Peoples Choice Home Loan made my loan and assigned ASC to service it soon thereafter, HSBC has filed a foreclosure action against me...however they admit to the court they have NO interest in my loan and have absolutely no paperwork regarding it. Meanwhile, ASC changed my loan payment schedule and increased my $825 payment to over $3, 200.
Based on their behavior, I rescinded my loan, the results of which is now there is NO security interest in my real estate any longer and therefore NO ONE may foreclose on my property, and I have filed a 17.15 million lawsuit against ASC and a host of banks for financial fraud and racketeering. I sued the lawfirm
that brought the foreclosure action, and the attorney assigned to defend them has asked me to make a settlement offer to them. The firm routinely files foreclosure actions in the name of institutions which have NO right to foreclose - commiting fraud upon the court/borrowers and violating State Bar Rules of Professional Conduct. I will probably soon ask for a default judgment against ASC ( which is Wells Fargo Bank ) since they have not answered my complaint against them. I have caught them red handed in acts of larceny...they make maybe $30-$40 a month for servicing my loan, and they have defrauded me to raise money for themselves...leaving the true investor in my loan without security or a right to foreclose, and now holding an unenforceable loan since no court can order me to make payments larger than the payments set forth in my loan agreement. My investor needs to sue ASC as well in my opinion.
I have a second mortgage Line of Credit with Bank of America, but even though I have made every payment on the due date by direct deposit, they added $625.oo in junk fees to my loan, and by doing so I have rescinded that loan as well and demanded return of all my payments, plus damages, as part of my 17.15 mil lawsuit...by law, there is no longer ANY loan against my home whatsoever, and these banking giants owe me substantial damages for the damages they have heaped upon me, which includes lowering my property value and the tax base by their widespread fraud.
The financial fraud going on in this country has brought the country to its knees.. EVERYONE being foreclosed on should CONTEST THE FORECLOSURE ACTION and sue for damages to make the lenders and investors prove they have a right to order the property sold in a quick cash desperation sale for way below market value and force them to negotiate an equitable resolution for everyone, as I believe there are probably NO mortgages in this country that do not have some degree of lender/investor/servicer/foreclosure agent and attorney non-compliance or outright fraud or misconduct that is actionable...I urge you to consult with several consumer defense attorneys to review your individual circumstances and options open to you and BECOME VERY AGGRESSIVE LEGALLY with servicers, lenders, and investors, as well as MERS - who hides the true parties involved and skirts paying fees to county recorders to make changes and assignments public record.
In my case, I believe a court will award me substantial recovery for the fraud I have been subjected to. If you or/and your attorney would like to speak with me, I welcome your calls...[protected].
ASC has agreed to not report any derogatory information on my credit report, which I ..and you..are entitled to under law. YOU MUST DISCOVER AND EXERCISE YOUR LEGAL RIGHTS..this is NO time to be passive and think there is nothing you can do. I believe ASC and Wells Fargo are engaged in criminal racketeering...if you think they have done wrongs to you, I want to know about it !!!..please call me.
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