REFUNDS being Issued by Rust Consulting?? for the OCC

[tobee43]

i do as well. we certainly can use the money. i was speaking yesterday to an atty about our situation. he was explaining i didn't really HAVE to leave since nj has only the judicial process and i could have mitigated damages to a slight degree had we chosen to stay. my argument on that is 4 times chase came knocking on our door on a sunday morning, as well as the fact that we were JUST 90 days late as per the banks instructions to get the modification we needed. it's so bizarre what the banks did. be late or no help and be late and we are throwing you out. also, our being that our paperwork is not in order i just am wondering which "excuse" we would qualify for.

i also like the fact that by accepting the payment no one is giving up their right to sue if they so chose to continue to go after the bank for their individual circumstance.

[spidge]

I just hope the BK trustee does not come after it.

[tobee43]

I just hope the BK trustee does not come after it.

good point??? what happens if one is in a 13 and gets a check for 125K???? now that would be a big kick in the butt!

[faroff]

Hi All- Lets just say for the sake of speculation, cause that's all we can do at this point, so why not post a brief scenario of
your situation and see what possible category we fall under. It may be $2.00, minimum of "hundreds" or the jack pot of $125K.

My nightmare with BOA started in 2009 when my business failed and I became behind on my mortgage. I called BOA
countless times trying to work out a modification. Like so many others,albeit at the time I thought I was the only one, I would
listen to the song and dance, filled out immediately any and all paper work sent to me from them and faxed it directly back.
Little did I realize I was on the "HAMPSTER wheel". I would call them straight away to follow up and see if they received all
of my documents. Alas they never did,even though I had a transmission report stating the fax went through successfully. I
mailed the docs, only to again find they were "not received". I of course thought I must be losing my mind,my wife started to
believe I had to be lying to her about sending stuff,etc.

Then all the threatening letters started coming, I would call and just get different answers. Send a payment,don't send a
payment, whatever. My debts were mounting and I just wanted to keep my home. I was doing everything I could yet the bank
just would not work with me and frankly just lied to me about not receiving paper work,etc. In Sept.2010 the notice finally came
from Fannie Mae stating they were now the owners of my home. It gave me the options of what I could do. Relocate or possibly
rent the property from them. I had a wife and two kids and started to look for places to rent although my credit was now shot.
I finally filed for BK and got a stay of relief. They held them off and finally in 2012 I was able to get to the office of the President
and got my permanent mod.

I know there are many out there that have unfortunately lost their homes and my heart goes out to them. I know they
fought hard to keep their homes only to get the run around from this travesty of a situation the banks put so many in. I believe
in owning up to mistakes that I made and I don't use my business failing as an excuse but it of course led to so many mitigating
circumstances. I don't know how you put a price on "pain & suffering", but I know this bank honestly made me feel I was going
out of my mind. Knowing your house was on the auction block and receiving a notice it was now owned by Fannie Mae was the
most stressful thing I ever went through and knowing I was doing everything I could and was instructed by BOA to do yet they
just were playing a game with me,or so it seemed, and then foreclosed.

I don't know where to speculate what amount I will be receiving but it should be interesting.

What are your stories and speculations? Good luck everybody......we deserve it!

[Toby629]

So sorry to hear what you went through. Every person's story of foreclosure is heartbreaking. These foreclosures, for the most part, were due to circumstances beyond homeowner's control. Loss of business, job loss etc. combined with housing crash (property devaluation), underwater mortgages, continued recession and you have the perfect storm for millions of foreclosures.

Ours was due to DH unexpected, sudden job loss and not being able to get any decent paying job after. Went through all our resources for 3 yr. while he tried to get employment. I totally relate to the bank's playing games. We sent in paperwork for a mod too, only to have the bank tell us twice, they never received it, 2nd time it got lost ( or so they said.) Only to be denied a mod after 9 months of this back and forth. Then finally having to face that we had no choice but to file BK, and that's when we found out our home had lost two thirds of it's value, market value was less than what we paid for it in 1992. We were soooo underwater with the mortgage, it was a no-win situation for us. So we included it in the BK. Our children are on their own, so thank heavens we did not have to worry about them or changing schools.

You're right, every person that has gone through foreclosure has endured heartache, pain and suffering which, how do you put a price on that? Frankly, I am surprised that there is this settlement at all. We have moved on and are in a better place now. One thing is for sure, we don't put any extra money in the bank, we only put in the checking what we need to pay bills with. We do not nor will ever again put trust in a bank after the outright thievery they have committed and gotten away with.

[tobee43]

what we are going on is 5 years. we would told by different attys one to walk the other stay and not pay. we just couldn't with good conscience stay, nor afford is as our main reason to take the NOD which an summons should have arrived before seeing this is judicial sat
i know one atty said why the heck did leave. well because we just could take the stress and when we started the HAMP which was a brand new program at the time.

was i DRUNK????? (wish i could use that as an excuse lol!)OMG!! i need to learn to type. i know and understand it's why God gave us secretaries but really.

[tobee43]

exactly, how does one put a price on it all.

we were actually "tricked" by the bank in many ways. i mean we tried to be pro active when the financial situation started getting to much. it did when one of us got really ill and we began to use our cc's for medical bills since that year we reached our max allowable. then one day i opened up our cc bills and the payment had tripled. we were mounting up to over 200k worth of medical bills when we finally filed.

but...back to the mortgage and bank situation. i call them, ask for help and they say the ONLY way to get help is to be 3 months behind and if you aren't you get no help. we were NEVER late in 30 years but did as we were told to get help. we were one of the first that applied for HAMP. satellite offices were opened through out the state. i called one we made an appointment and i brought in all our paperwork with a check off list that i made the loan officer sign off on that they rec'd it, so they couldn't come back to us at a later date saying they never got it. and this was BEFORE i found out the banks were playing with everyone's life by saying they never rec'd this doc or that doc. anyway, we sit with this guy from chase and he's looking at our situation and saying home is where the heart is, i don't know for certain if we can help. WHAT???? can you come up with paying the 3 months back now...WHAT? i took all that money and used it for medical bills every dime. i mean does one chose chemo or a roof on one's head...i don't know. i chose the chemo especially after the bank said we had to be 90 days late to apply for the help.

after submitting all the paperwork i was told it will be a few weeks i would call weekly and nothing. the 3 week or so chase had the paperwork i get a nasty letter from a chase atty. i called the loan officer we were working with and he assured me to ignore that letter it was an error. really?? within a week we were served an NOD...not even a NOI...35 days to answer or the foreclosure will proceed. i knew and understood what being in a judicial state meant, but on 4 separate occasions we got knocks on the door early sunday mornings pounding to open up. the man saying you house is being foreclosed on and you need to leave. (i knew this wasn't true, but i'm dealing with all of this) during the week days we could enjoy up to 20 calls in one day from them, you need be out by such and such a date.... it was chase they want their money now in full over or close to 500k. then the final straw that broke me, again the banks with the cc upped the rates even more. i had needed 20k for a surgical and radiation procedure the doctor wanted the cash up front. we still have plenty of money on our cc open, so i remember calling b of a and saying we will be charging 20k today to a doctor for an emergency life threatening procedure, i wanted to give you a heads up since i know it is going to be a very large charge at one time and this is a life and death situation, b of a said NO problem, i'm noting it right now. we get to the doctors office they run the card and it was denied! i called b of a from the doctors office...waiting to schedule this special radiation treatment and asked what the heck is going on. well b of a said, we dropped your line and you can't have any more charges. but what?? i called you know this is for medical er and we need to do this now. sorry too bad you can't charge anymore and we upped your 5% rate now to 25% and the person was laughing, what a nightmare...what cruelty

i couldn't take it anymore, running between chemo, radiation doctors, oh and because of the illness job loss....we hired an atty and he said; listen think about this. even if you got your job back is the bank going to help, do you want to keep your home. OF COURSE we do are you crazy or what???? we have been here over 30 years, i walked through that front door with my babies and watched them close it behind them when they left for college, opened again when they brought their bride and grooms to be....and then shut the door taking their blankets and pillows and beds with them and a small wave of a good bye. the door opened again with a bundle of pink blanket with a little gift of life to share with everyone........and then the door shutting again this time carrying with us the last box of all of our memories and locking the door for the last time.

then my dh lost his job and that was absolutely it. now even if the modification went through (18 months had past since we first applied) and still no answer the day we left the house. i remember the day after while in a u-haul drive truck chase calling me , it was the loan officer saying i think i have your mod through. what??? well, why did you leave the house. why?? calls and pounding on the doors, threats daily. you telling me and instructing me to do this and that and every time i did it would be used against us. enough, is simply enough. you want the house it's yours now, we can't fight anymore, i have a fight to keep my husband alive right now. we left in the middle of a snow storm headed for florida to stay with a friend and whatever was left of our belonging since we sold or gave away everything else. we were basically homeless and to tired and beat up, i needed what fight was left in me to help my husband and not the banks.

we now know that of course chase was not only the servicer of the mortgage but was also assigned the mortgage, however, they never filed the assignment, which they have 20 years to do. but there are numerous problems in our case, the summons are written not only incorrectly, but also procedurally incorrect, which would be enough to halt the continuing of the foreclosure process in a judicial state. although, i was recently told by one atty's office who was one of the atty's that help set case law in nj, that really the courts are still not looking that carefully through the paperwork. we also know we are one of those involved with the robo signing situation, if not directly, indirectly. so we have a multitude of violations and the fact is i have retained every single piece of paper they sent to me, all the threats, the lies i have it all in writing. for what, i don't know. i'm not after them, i just want to be left alone.

and it was all meant to be....as the leaders in the field of the rare type of cancer we were dealing with were NOT at sloan or md anderson, or NYU but HERE near where we settled in florida. i didn't know that at the time we left, how's that for fate? by leaving we saved his life (with the help of divine intervention as well).

ok....that's our story, and i think after writing all this, it is AT LEAST worth $5! (wow this was therapeutic! )

[Toby629]

Wow tobee43 you should write a book about it! If for no other reason to inform people of what you've been through and survived. It's absolutely criminal how these banks have treated decent folks who had always played by their rules. The are so complicit for this housing crash, what with all the robo signing, game changing the rules on foreclosures, basically doing whatever they wanted. Whatever settlement checks are sent to us is a mere pittance to them. Like you said, it was fate that brought you to Florida to save your DH's life. You sound like you are in our generation, never imagined that at this stage of our life we would endure so much loss and hardship and have to start over again. Lord have mercy on us all.

[tobee43]

Wow tobee43 you should write a book about it! If for no other reason to inform people of what you've been through and survived. It's absolutely criminal how these banks have treated decent folks who had always played by their rules. The are so complicit for this housing crash, what with all the robo signing, game changing the rules on foreclosures, basically doing whatever they wanted. Whatever settlement checks are sent to us is a mere pittance to them. Like you said, it was fate that brought you to Florida to save your DH's life. You sound like you are in our generation, never imagined that at this stage of our life we would endure so much loss and hardship and have to start over again. Lord have mercy on us all.

so true Toby, and i'm still learning. i have truly learned that you never know God until you meet face to face. i have also learned that it was someone that had one martini too much when the phrase stating God never gives you more than you can handle. while going through all the treatments which was two radiation a day plus a chemo, my poor dh suffered a bowel embolism (which i didn't know at the time 97% die as a result) i jut remember being totally alone, not knowing a soul here in florida and the doctors telling me to say good by to him as they were rolling him in for surgery. he made it, then a few months passed, it was Easter morning last year i went to get him up and knew we were in big trouble, he, i didn't know at the time was having a heart attack...now in the meantime i am tube feeding him, i'm flushing his port and pumping him with "healing nectar i created hoping to maintain his life. i thought what am i doing here, i need to just roll this over now, i'm being selfish. we get to the hospital by ambulance....they tell me once again, you must say you last good byes now. again, i'm a stranger in a strange land, looking at this poor man the bravest person i have ever met and once again, i just had to stand strong (really crumbling inside). HE MADE IT!!!! well we had 5 times this past year where i have been told say your LAST good bye.....

he's vacuuming the pool now...he just got finished grocery shopping! oh! yes and he mopped the patio area this morning. LOL!!! who cares about money, your house, not me! the tide has turned for us and we have been blessed. not even the doctors believe it.

you are so right, who would have ever thought at this time of our lives we would have had to go through what we did financially. we never had a problem we made good livings, never over spent, had a nice savings. it goes to show life can change in a blink of an eye. but, in our case we we were getting hit by all sides. again, it truly humbles one to know what REALLY is important in life. never take it for granted and live everyday to it's fullest.

[faroff]

So sorry to hear what you went through. Every person's story of foreclosure is heartbreaking. These foreclosures, for the most part, were due to circumstances beyond homeowner's control. Loss of business, job loss etc. combined with housing crash (property devaluation), underwater mortgages, continued recession and you have the perfect storm for millions of foreclosures.

Ours was due to DH unexpected, sudden job loss and not being able to get any decent paying job after. Went through all our resources for 3 yr. while he tried to get employment. I totally relate to the bank's playing games. We sent in paperwork for a mod too, only to have the bank tell us twice, they never received it, 2nd time it got lost ( or so they said.) Only to be denied a mod after 9 months of this back and forth. Then finally having to face that we had no choice but to file BK, and that's when we found out our home had lost two thirds of it's value, market value was less than what we paid for it in 1992. We were soooo underwater with the mortgage, it was a no-win situation for us. So we included it in the BK. Our children are on their own, so thank heavens we did not have to worry about them or changing schools.

You're right, every person that has gone through foreclosure has endured heartache, pain and suffering which, how do you put a price on that? Frankly, I am surprised that there is this settlement at all. We have moved on and are in a better place now. One thing is for sure, we don't put any extra money in the bank, we only put in the checking what we need to pay bills with. We do not nor will ever again put trust in a bank after the outright thievery they have committed and gotten away with.

Hi Toby- I hear ya. I remember my dad telling me years ago, don't blame the bank they don't make mistakes.
He's an old school educated common sense man, but he comes from that era that the doctor is always right,the
bank,etc. Well we know otherwise!

Yes, we were not all deadbeats looking for a hand out. We worked hard but unfortunately people lost jobs,
businesses closed. People were losing their homes and these banks were pulling all kinds of tricks, as this "settlement"
now at least validates.

Best of luck to you moving forward.

[faroff]

Wow Tobee you have certainly been through the ringer to say the least. Prayers are with you and so glad to hear
all is well with your DH and you are getting ahead in life.

I honestly think we should all band together and write a book about our experiences. It's easy for those that did
not go through or experience the nightmare of dealing with these banks during the recession. In this fast and furious
world it seems the recession is a blur of a memory but there are still many of us still suffering the repercussions of it.
Hopefully in some way this "settlement" cash we recieve will be at least some form of vindication!

I'll join ya in a martini!

[Toby629]

Hey faroff, I'll toast you with a vodka and soda! I worked for 3 banks years ago when I was just a youngun! Never liked them since, saw some very questionable goings on in all 3 and vowed I would NEVER work in a bank again. Yeah, my mom and MIL have all their money in the banks, they totally trust them. They have a hard time understanding the dirty dealings they have all participated in regarding this massive foreclosure debacle. But like you said, this settlement is validation that they did indeed scam, steal, lie and on and on and got caught with it!

Tobee so glad that your hubs is thriving and doing well, he truly has angels on his side. When you said in your previous post how you were in such a dark place, I totally relate as I at times was in that dark place too thinking I just couldn't take anymore of this. Well, we all came through the dark tunnel to the light and survived!

[spidge]

good point??? what happens if one is in a 13 and gets a check for 125K???? now that would be a big kick in the butt!

Man that would be nice. With a few pictures I think I could prove to the trustee some of that amount could easily go into this house for repairs. Mainly a roof, oh and I did not buy even one new car so we are treating what we have very good. Even if he gets some of it I am sure he would allow for some expenses to be taken care of.

I do wonder how it would actually pan out though.

[karm43]

They keep lowering the amount on the settlement first 840 or more then I read a couple hundred. I just read that some states that are getting money to help people with their home are gonna use the money to fill gaps in their budget and other things such as heating grants. Well I think I am getting predjusted sooo people who work get nothing because they make too much, if you do not work, get married or have alot of kids you get everything medical insurance no deductibles free food cheap rent help with electric. Anyway this money is meant to help homeowners its a shame if they use it for other things.

[karm43]

I wonder when their sending out the checks. Too bad they do not tell anyone what their getting. Do you think it will be taxed?