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We ARE the WALKING DEAD: An Update on an American Nightmare: the Tobee43 saga LOL!

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  • We ARE the WALKING DEAD: An Update on an American Nightmare: the Tobee43 saga LOL!

    continues...or does it?


    an update:

    some of you know on this forum that i have spent literary years trying to resolve my problems with getting chase to foreclose on our old home in new jersey. after finally having time to pull the court and county records it's been found that chase never was assigned my mortgage. so, i have now become one of the walking dead in this country.

    someone commented to me about my situation:


    "With the volume of fraudulent mortgages which occurred, there was no way the actual lender could have recorded all those deeds all over the country, which is of course, why the banks designed MERS. Numerous cases now, uphold that MERS was never a beneficiary and cannot foreclose itself. Your documents are one of the millions which are now a broken chain of title. Chase does not have the right to do anything unless there was a recording filed in your county recording office. If the mortgage was recorded as satisfied, then that sounds hopeful. MERS was never a lender nor a beneficiary; only a data system used by the banks."

    further and apparently, others have taken this situation to task:

    Mortgage Electronic Registration Systems, Inc. v. Lisa Marie Chong, et al. (United States District Court, District of Nevada)

    On December 4, 2009, Judge Dawson found that "MERS provided no evidence that it was the agent or nominee for the current owner of the beneficial interest in the note, it has failed to meet its burden of establishing that it is a real party in interest with standing." He issued his decision in 5 of the 18 cases (In re Chong, In re Pilatich, In re Cortes, In Re Medina and In re O’Dell) on appeal but declined to hold that "MERS would not be able to establish itself as a real party in interest had it identified the holder of the note or provided sufficient evidence of the source of its authority."[17]http://en.wikipedia.org/wiki/Mortgag...s#cite_note-17(i am NOT a wikipedia fan at all put this is an ok reference point).

    chase was not the originator of the loan, it was a mortgage brokerage firm, whom at first sold it to wells fargo. that went fine, but about 6 months past and we were advised chase would now be the servicer of the loan, and then another six months or so past and we got a letter stating chase purchased our loan...or did they...

    after what happened to so many of us...pledged with job loses, illness, hardships that seemingly wouldn't stop, we found ourselves like so many others, just not being able to pay all of our bills. raising interest rates and medical bills on top of it, was just the final straw for us ...we ended up leaving...just left, or better stated were forced from our home because of chase's refusal (and now known trickery) to work with us on a loan modification. some of you may recall we were served smack in the middle of our mod and had 35 days to respond. although we lived in a judicial state, we found the pressure of it all, was simply too much for us. we packed up what we could and hired someone to clean out the sleds and out buildings only to find within a weeks time someone had padlocked all the buildings and winterized the house. to this day we have no idea who it was.

    upon examining the summons a bit closer chase filed the complaint and the lis pendens listing chase on the top, however in the body of the instruments are all stating MERS as the plaintiffs.... come to find out, one just can't' do that.

    further chase claims that we; in the second count of the complaint "at all times deprived the plaintiffs of the premises" in other words denied them access. the complaint went on and on and remember this is only a couple weeks after we physically met with a rep from chase who was working on our loan mod.

    5 years have past and i want that deed out of my name. it's been suggested to pay some druggie (true story) a few bucks to let us transfer it out of our names. wish we were that type of people, but we just can't do it that way. an atty is now reviewing the situation...actually thanks to this forum and to those that i have met here. you are truly a blessing for so many and i know have helped so many through their hard times.

    well...that's the update, can't wait to see what the atty thinks after he reviews it all.
    Last edited by tobee43; 03-19-2013, 04:41 PM.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

  • #2
    Tobee, keep us posted, like you always do. I still have the house in Hawaii that skank of america will not foreclose on. Like you we left a beautiful home, thinking someone would be able to take it back soon. My friend tells me the weeds are encroaching and swallowing the home and pool, driveway is barely visible. Two years since we left, can't imagine what five would bring. Amazing what neglect in the hot humid jungle will do. It really is a sad thing, and most days I try to just ignore it, but it still nudges me every once in awhile, and I keep hoping one day it will be foreclosed on, but so far no luck. Of course at the time this happened Hawaii had just had new laws passes that make it almost impossible for the banks to foreclose, and we are caught up in the middle, sigh....
    Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
    DISCHARGED and CLOSED 2/15/2011

    Comment


    • #3
      panda, i read about the laws in hawaii, actually the main case i observed the person's blog from hawaii while the suit was going on. their case was instrumental in the passage of , SB 651 http://www.capitol.hawaii.gov/sessio...SB651_CD1_.htm ..for better or worse making hawaii lead this nation with the toughest anti foreclosure laws in this county. i'm so sorry you went through this as well.

      can i ask you, if you could would you go back to your house, would you? i know for us it's too late now.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


      • #4
        Tobee, for us Hawaii was a dream come true, until reality set in and everything crashed around us. It takes a bit of money to live there, and we lost a lot of money, not just the home. We had a small business that did well and then went bust during the horrible down turn, taking every bit of cash we had, then we refinanced the house to keep the business going for one more year. I think the lesson we learned is sometimes you live a dream, and sometimes the dream turns into a nightmare, I would not willingly live where we were again, but certainly would vacation in Maui at some point in the future. We lived where our home was for almost ten years, and we had a lot of fun in the early years, but my kids are now grown and that is not the place for them to easily find partners for themselves or jobs, and I want to be close to them, it gets kind of lonely being on an island with out any family around, especially when you are to broke to fly anywhere. We are in a much better place in our lives once again, but boy this was a hard lesson I would not wish on anyone.
        Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
        DISCHARGED and CLOSED 2/15/2011

        Comment


        • #5
          well i guess that phase no man is an island fits neatly into your situation. the cool part of your story is it sounded like you lived your dream and really how many can say that?? so you are on the main land now? it must have been a big adjustment!

          i don't know how old your kids are now, but family is so important. we moved here knowing absolutely not a soul and that's why next fall we were looking at renting another place near one of them. we were lucky to get this house and thought hard about buying another, neither the place of my dreams LOL!! but it is what it is. also i had to just CHANGE my dreams although thinking back i'm not sure i had any big ones. i have the best guy ever for going on now 44 years, two remarkable children in spite of the crazy mom who was never home but she was always out saving the world one way or another. i'm really happy they turned out to be such great humans, but really do miss seeing them. next week one "set" is coming for easter so that is something to do forward to.

          we have set a new goal. get another place near our daughter in nc....i'm hoping we can do that by the fall. i wanted to buy first but i will be fine with renting, i don't want to be responsible for two places. so i guess our dreams change as we do

          i wish you the best panda and hope you are happy now.
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


          • #6
            Thanks Tobee, we are quite happy for now. We are renting as we are still tied up with the house in Hawaii, and I still am not ready to say this is the last place for us, so we rent for now. Plus all of the problems with the rental belong to the owner, which is a huge plus.

            Our son finished college in Hawaii and worked for about three years as a researcher before we moved, he is now in grad school in Pullman Washington and seems to be really happy, we are about four hours driving distance from him right now. Daughter is twenty three and has disabilities so we will have her with us for as long as she is willing to stay.

            I am just so happy to have the nightmare ending behind us, and husband is working a job for minimum wage to help beef up our retirement coffers again.

            We moved close to my sister in Washington, and then my mom got very sick so we were able to move her here with my sister. In the end it all worked out ok.

            As far as getting used to this climate, for me it is preferable to the humidity, but I was born and lived in Alaska up until we moved to Hawaii, that was a true culture and weather shock that I never fully got used to.

            I do at least now know that what seems like a never ending saga in a current situation will all ease with time, and before you know it you are past the hurdle and ready to move forward. Hopefully that information will help others on this board also realize that with time and action all things are possible to work through.
            Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
            DISCHARGED and CLOSED 2/15/2011

            Comment


            • #7
              that really is a remarkable story of courage and strength ...i really salute you panda.

              we were also blessed with a son and a daughter. now we have 3 and 1/2 grand children, one is due this june and we are really excited about it. with us, we have just been hit with such hard times since our move. my dh was diagnosed with a very rare life threatening cancer after our move here. completely alone, it was really a hard thing to face, but one does what they need to do. just this past two weeks i think i can say we beat it ...against all odds, we truly have been blessed with a REAL 2nd chance in life. 5 times this past year i was told to say good by to him as they rolled in him to either surgery or an er room while they attempted to revive him. i'm telling you, it has put my life and soul into perspective, that's all i can say. i no longer take anything for granted and make the most of everyday because i now know life can change at a drop of a hat and financial woes are but a small nothing compared to losing those that you love and care about.

              i really have to concentrate on trying to get the deed out of our names. besides keeping a part time job in the legal field, it's been really hard. getting our names off the deed, well, it was at first the first thing on my list at the start of this "adventure", it is now in the middle. i just don't want anything to come back to haunt us in the future however long that future may be.
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

              Comment


              • #8
                Originally posted by panda View Post
                Tobee, for us Hawaii was a dream come true, until reality set in and everything crashed around us. It takes a bit of money to live there, and we lost a lot of money, not just the home.
                Oh, I hear you. We lived there initially after we moved from Germany to the States (first, two months in an apartment in Honolulu and after that, a year in a rental in Ewa Beach) but the limited job opportunities, sky high cost of living and real estate prices made us move to Florida again. After a year, I also felt like being locked up in a golden cage. The small island got boring..

                Originally posted by panda View Post
                but I was born and lived in Alaska up until we moved to Hawaii, that was a true culture and weather shock that I never fully got used to.
                Oh yes, the "culture shock". Before we moved to Hawaii, we were under the impression that the people and way of living would just be like on the mainland. Boy, that was an unpleasant awakening..
                Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                Comment


                • #9
                  IBROKE, we were in Hilo area of the Big Island, out in the boondox, had a beautiful home on 2 acres at a steal of a price at the time. I am used to small town living, but these guys take the cake, I felt like I was living twenty or more years in the past, and the medical care was horrendous. I got very sick in 2008 and after 20k of emergency room visits and every test under the sun, the general surgeon guy told me I needed a psychiatrist.(supposedly I was making up all the pain I was under so I could have drugs) it was finally determined I needed an endoscopy and I had a huge ulcer, I can't tell you how painful that was, I wanted to just curl up and die, and I had no way to get anywhere fast enough before the pain was tearing me apart again. My regular doctor was horrified as she new I was not a druggie. I never want to be in a place so remote that a very easy thing to detect takes forever.

                  I was so bored after the first 6 months, which ultimately lead to our demise, as I wanted to work, could not find a job so opened up our own business.

                  Paradise is truly better lived on vacation than trying to make it a permanent reality, or so I think.
                  Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
                  DISCHARGED and CLOSED 2/15/2011

                  Comment


                  • #10
                    Originally posted by panda View Post
                    Tobee, keep us posted, like you always do. I still have the house in Hawaii that skank of america will not foreclose on. Like you we left a beautiful home, thinking someone would be able to take it back soon. My friend tells me the weeds are encroaching and swallowing the home and pool, driveway is barely visible. Two years since we left, can't imagine what five would bring. Amazing what neglect in the hot humid jungle will do. It really is a sad thing, and most days I try to just ignore it, but it still nudges me every once in awhile, and I keep hoping one day it will be foreclosed on, but so far no luck. Of course at the time this happened Hawaii had just had new laws passes that make it almost impossible for the banks to foreclose, and we are caught up in the middle, sigh....
                    I'm just curious about this, but what if you had just stayed in that house and lived there for free all this time?

                    I know you would still have to pay for electricity and water, etc., to keep them from being shut off by the utility companies, but at least you wouldn't have to pay a mortgage (or rent) all that time. That would have really helped you out.
                    The world's simplest C & D Letter:
                    "I demand that you cease and desist from any communication with me."
                    Notice that I never actually mention or acknowledge the debt in my letter.

                    Comment


                    • #11
                      Several things come into play with this, at the time we started doing the BK, foreclosures in Hawaii were non judicial and it was usual for them to foreclose in 3 months, While we were going through this the new laws were passed in Hawaii and it is more complicated for the banks to foreclose now.

                      Even living in the home you still have upkeep, our electric bill was about 500 per month and we were looking at needing roof work and the house was going to need a full electrical redo. We had a pool that needed work. And quite frankly I was done by this time and just wanted a new beginning, we had no money left and not a job to be found anywhere, we left Hawaii with money we managed to scrape together during our three month wait for our BK to close. Believe me when I say you do not want to be broke stranded on an island, with the possibility of your home being gone very soon.
                      Hired Attorney 8/28/10 Filed Chapter 7 11/08/10 341 12/14/2010 Report of NO DISTRIBUTION 12/15/2010 Waiting for February 14 2011, date objections due.
                      DISCHARGED and CLOSED 2/15/2011

                      Comment


                      • #12
                        i was going to ask the exact question as goingdown, i guess you're right panda, sometimes i guess that's why fantasies are just what they are...we always believe we want to live where we vacation, but living it is a different story as you have explained.
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                        • #13
                          I know, when I think about Hawaii I think about how it must be like living in paradise, but this puts a whole new spin on it. It was interesting hearing about it from a very different perspective.
                          The world's simplest C & D Letter:
                          "I demand that you cease and desist from any communication with me."
                          Notice that I never actually mention or acknowledge the debt in my letter.

                          Comment


                          • #14
                            yes, actually i never really knew what panda had experienced . thank you so much sharing! it helps b\put a perspective on things for many.
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment

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