Bank of America just sent me FORGED copies of the Promissory Note!

[keepswimming]

So as we are in the last stage before closing on a short sale (after one year)...
we received papers hand-delivered to our home (at 845 at night).

The papers are two sets of Notice of Acceleration papers. One for my husband and one for me. Included in them are FAKE promissory notes.

How do I know they are fake? Well, for one, the bank would not talk to ME for the past year, stating I was not one of the note holders/I was not on the loan. So I have sent them at least three letters to authorize me as someone who is allowed to discuss this loan. 2) My credit reports from years ago do NOT show this mortgage under my name. Other homes show up under my name and my husbands name, but this one is only under his. 3) I asked the attorney who signed these what it means and she said I should discuss it with my attorney.

So, this note has been completely fabricated and it makes me furious.

[Pandora]

Keep

does hubby have the org. copy of the loan agreement that was signed? Hopefully ya'll kept it and can provide evidence that the docs you received are forged.

[keepswimming]

I have not found the originals yet...we may have them in some unopened moving boxes. Even if we don't have them, the credit reports from years ago are GREAT PROOF!
I am actually thinking we may stop the short sale with lawsuit. What do we have to lose at this point? Crooks need to be in jail. I am sick of all they have done to us.

[frogger]

Don't count on your credit reports being "proof" of anything...

[df04527]

Yes Frogger I was just going to say the same thing. Credit Reports will not suffice as evidence of anything except the fact it was either reported or not. There is no law that says a creditor must report an account to the bureaus.

I also took note that the attorney referenced you to your own attorney without discussing it? That is exactly the answer they should have given you.

[disconapper]

The original title company will have a copy of the original note. They need in their closing package to get the deed recorded. Could be hard to chase down but that's an option....

[keepswimming]

also, MERS only shows husband as borrower. not me. and on these forged papers, some numbers are all blacked out.

[keepswimming]

Do I need to answer the NOTICE OF NO PERSONAL CLAIM that was sent with the acceleration papers? I wrote out the ANSWER to the COMPLAINT and feel ok about that. I am sort of ok with the answer to the summons (not quite), but have no real idea what this NOTICE OF NO PERSONAL CLAIM is all about.
The home was included in the bk, but was in a short sale at the time. Now, it is in another short sale, and we may cancel that whole deal ourselves with the class action suit. But right now I need to get these anSWERS sent so we don't automatically default. Any suggestions? State is south dakota.

[justbroke]

If you are going to make any claim that the documents are "fake" then I would highly suggest that you consult with an attorney. A credit report is not evidence of anything and it is well known that a good number of credit reports are wrong. Also, your profile indicates you live in Arizona, and the bank may just be in the cautious mode since Arizona is a community property state.

It appears that you're going to do this pro se, so if you go to trial, I hope that you're ready to bring in expert witnesses to attest to the authenticity of the documents. Remember, that they will bring the "originals" to the trial and not the copies that you received. (If they don't bring the originals, at least that is grounds for a dismissal.)

What's your end game in this?

[despritfreya]

The papers are two sets of Notice of Acceleration papers. One for my husband and one for me. Included in them are FAKE promissory notes. How do I know they are fake? Well, for one, the bank would not talk to ME for the past year, stating I was not one of the note holders/I was not on the loan. So I have sent them at least three letters to authorize me as someone who is allowed to discuss this loan. 2) My credit reports from years ago do NOT show this mortgage under my name. Other homes show up under my name and my husbands name, but this one is only under his. 3) I asked the attorney who signed these what it means and she said I should discuss it with my attorney.

I am going to jump in here.

What is missing from the above quote?

Interestingly you did not specifically state that you know the signature is forged because you never signed the document. Instead you state it is forged because the debt is not on your CR and the lender won't talk to you.

So, did you or did you not partake in the purchase of the home?
Did you or did you not sign the promissory note AND Deed of Trust?

Regardless, if you received the NOA you still have plenty of time to complete the short sale. Not sure why you would want to but. . . The lender has or is about to set a Trustee Sale but that sale won't happen for 90 days. So, stop dwelling on matters that really have no impact on what you are trying to accomplish. Move forward with the short sale and then move on with life.

Des.

[keepswimming]

So I should let the bank proceed with their plan b and just admit default?
I do not believe our default is all our fault. The bank has scammed us for years and I am sick of them putting all the blame on us. We should not have a short sale or a foreclosure, or even the bankruptcy----all of these things are due in large part because of bank errors, bank negligence and the runaround they have given us. I have been working with them for months trying to get them to report the credit more appropriately and they will not budge. THEY BROKE OUR HOUSE and still have not fixed it. That does factor into the offer we have received being low. We had to lower the price because the heat was busted by field services. Now even when we are only talking about 20K short, with all they have done to us this past year, they still act like they have done nothing wrong. I was going to let it go to short sale and be done with it. But then I got the NOA papers and it just fired me right back up. They definitely securitized this loan and could not even get me right all along. I honestly do not know if the note they sent with noa papers is fake or not. i was led to believe for so many years that i was not on the note because bank kept telling me that, so i cannot remember if i signed or not. i do not trust a single thing they have done. property is in SD. we have moved to AZ, by the way. And i don't want to send these papers without an attorney, but our class action lawyer team is more focused on putting these guys in jail and doing it right, so they are working on the paperwork we need for that. i will have about 180 pages to go through with them, if I file with them. I did not state in my ANSWER that the note is fake, but i did request originals of each and every assignment listed.
I want the bank to stop this crap. There is just no way that I will ever feel it is ok that they sent these papers or that they are doing everything they can to rip EVERYONE off to collect money from every angle, and kick us to the curb despite all our efforts. They have shown considerable negligence and disregard and I am fed up.

I still am unsure of what this NOTICE OF NO PERSONAL CLAIM is. It states that no costs will be taxed to us or money judgment taken against you unles you defend this action.

[IamOld]

Keepswimming, I feel the same way - everywhere you turn, we get stepped on.

Whatever you decide, (for whatever it's worth) best wishes and fight the good fight!!!

[justbroke]

So I should let the bank proceed with their plan b and just admit default?
I do not believe our default is all our fault. The bank has scammed us for years and I am sick of them putting all the blame on us.

I understand your frustration as well as everyone else who shares this feeling. However, this is not a winning argument in a foreclosure lawsuit. The Judge's like to ask the homeowners one simple question... "did you pay?"

We should not have a short sale or a foreclosure, or even the bankruptcy----all of these things are due in large part because of bank errors, bank negligence and the runaround they have given us. I have been working with them for months trying to get them to report the credit more appropriately and they will not budge.

If you had cause to file a complaint, I would have filed a complaint against the bank months ago. I wouldn't wait until foreclosure. The problem is, that if there's a problem with any paperwork or representations, you file a suit under TILA or RESPA. Each of those has certain time periods in which you could actually rescind the mortgage (I think 3 years for TILA/RESPA, but I'm not intimately familiar with suits under those Acts).

They definitely securitized this loan and could not even get me right all along. I honestly do not know if the note they sent with noa papers is fake or not. i was led to believe for so many years that i was not on the note because bank kept telling me that, so i cannot remember if i signed or not. i do not trust a single thing they have done.

The Promissory Note is irrelevant when it comes to "notice" of a default. They must notify anyone who may have an interest in the property. This usually includes, but is in no way limited to, the owner, the "unknown" spouse of the owner (whether or not on the note), the "unknown" residents over 18 years of age living in that property, all other lienholders, any "HOA" and potentially tax authorities. That is just process.

And i don't want to send these papers without an attorney, but our class action lawyer team is more focused on putting these guys in jail and doing it right, so they are working on the paperwork we need for that. i will have about 180 pages to go through with them, if I file with them. I did not state in my ANSWER that the note is fake, but i did request originals of each and every assignment listed.

You can't request the "originals". You may be able to see them at trial -- with certified copies provided prior to trial. You may be able to setup a meeting with the Plaintiff's attorney -- as part of discovery -- to come to their offices and see the originals.

Also, the whole "assignment" issue is a dead issue. While a few judges have allowed the old "show me the assignments" strategy, the fact is that assignments are only for standing when it comes to who owns the debt. It does not mean that you don't owe the debt. The fact that there is a mortgage recorded, sans a mortgage satisfaction, that proves that you owe "someone" money. They prove that they are the "someone" by showing the original Promissory Note (indorsed in blank or directly to them) in an evidentiary hearing.

I want the bank to stop this crap. There is just no way that I will ever feel it is ok that they sent these papers or that they are doing everything they can to rip EVERYONE off to collect money from every angle, and kick us to the curb despite all our efforts. They have shown considerable negligence and disregard and I am fed up.

The creditor had to send the papers to you because you are a party in interest.

I still don't know what you're trying to do. I do understand and "hear" your complaints; many of us have them. However, we don't know what you are trying to do with this home that reads as if you have already abandoned.

[IamOld]

I think if I may summarize JUSTBROKE - there is a massive double-standard for the banksters and us - we have to have everything documented, proven, etc., whereas the banksters don't have to - they OWN most of the system. It's as simple as that - they run this country period.

[justbroke]

I think if I may summarize JUSTBROKE - there is a massive double-standard for the banksters and us - we have to have everything documented, proven, etc., whereas the banksters don't have to - they OWN most of the system. It's as simple as that - they run this country period.

I don't know if you're in Florida, but that's not true here. Yes, there was a need to process the backload quickly, and it was the Florida Court System that created the so-called "rocket docket"; not the banks.

I believe that there isn't a double-standard so much as the banks rely on the debtor's inability to mount any defense or even to bring up any defense. Most people don't fight foreclosures, so they are quickly done through summary judgment. Typically, it required a certain amount of paperwork proving that you had ownershp. Back in the good ole days, you just looked to the County records and you knew EXACTLY who "owned" the mortgage. With the advent of MERS and bundling (securitization), some of that is lost. However, it doesn't mean that the debtor doesn't owe "someone".

The courts did get lax in this area, but you'll find, at least in Florida, that the process has slowed down and the paperwork that is required to even start a lis pendens (lawsuit) has been standardized. It's a shame that so many foreclosures have been already executed (granted) and the paperwork for a "default summary judgment" was not adequate! This is so bad in Florida, that many banks have slowed down the foreclosures and are looking back at all the ones they already prosecuted. So much so, that these banks are now filing motions with the courts to "ratify" the foreclosure! (Basically asking the court to take a look at the docket and paperwork and certify that they did everything correctly.)

I blame this as much on the Judiciary as I do on the banks... with respect to poor paperwork in summary judgment cases.