CitiCorp Trust Bank, CitiFinancial, The Associates Complaint - predatory lending
PLEASE READ :SECOND WRONGFUL FORECLOSURE INITIATED BY CITIFINANCIAL, THE ASSOCIATES, CITICORP TRUST BANK, FSB
(regards to the above named: our actual loan and loan servicing is through citifinancial, and formerly by associates, but citigroup trust bank is listed as the plaintiff in the default notices to us and the associates is listed as the plaintiff in all of the papers filed with the court).
My husband and I are about to lose our home because of a wrongful foreclosure action with our mortgage company CitiFinancial Mortgage formerly known as the Associates. We believe that this company is and has been using deceptive practices against us, which violate federal and state regulations that protect our consumer rights. We live in NY and originally took our home loan through The Associates in 1997 and then refinanced in Oct. 2000. Citifinancial took over our loan Nov, 2000. For some reason , they transferred are account out of the NY office to another state, then another and another. In fact, this has happened so many times in the past 5 years, I am not even sure what state our account is actually in now.
Beginning in May of 2004, we began having problems with C.F. repeatedly claiming that they were not receiving my payments, even though they cleared through my bank. I spent numerous hours on the phone with so many different collectors, each with conflicting information regarding our loan. I never got anywhere with anyone, even though I faxed copies of my canceled checks to them, many times, to many numbers, over and over. The more time I spent looking all the monthly statements, and loan agreement, the more I began to notice. I observed many discrepancies with interest rates, different account numbers, different amounts, credit report errors, and other conflicting documentation. As soon as I began asking questions and demanding answers from the company, the phone call from them stopped (when they were previously calling many times a day.
The next thing I know, there is a man sitting in his car, outside of our home. He told us that he was asked to do a drive-by appraisal of our home, but he could not remember by whom. (C.F. found out that we have approximately 75, 000 worth of equity on hour home). Ten days later our nightmare began. We received a notice of default, by the company’s lawyer. We were given 30 days to bring account current, which involved an incorrect amount. They received the correct amount in the time set, which could be proven with proof of checks and postage. A short time later, we receive the first Summons and Verified Complaint against us, of course all with their information and claims inaccurate, requesting foreclosure on our home and all equity that is left over after principal amount.
. After we received the first summons and verified complaint filed against, we tried to deal with the company directly to explain their error and our proof of it. No one would listen to us or cooperate what so ever. In fact, those who we did talk to were very rude and even hung up on us as we tried to get an explanation of what was happening. After getting no where by ourselves, we became unsure of what to do, so we decided to seek legal counseling. Basically, we had to pay a lawyer to show the same proof, which was the same proof, that we tried to show them many times. They were very anxious to cooperate as soon as they found out we had a lawyer. After things were agreed upon, we thought we could take over where our lawyer left off because we could no longer afford to pay him and no longer thought we needed him. As soon as the company learned this, their cooperation and willingness to work things out, disappeared. Even though they admitted their mistake, they withdrew their first foreclosure proceedings; we received the second notice of default, again with the same errors. Soon after, the second Summons and Notice of Complaint arrived at our doorstep. They did admit their errors and withdrew the first foreclosure proceedings.
My husband and I tried to answer the summons by ourselves, by sending a letter to the plaintiffs attorney and the court as instructed to in the summons. In the letter we stated that we disputed their complaint and alleged allegations made by them. A few days ago we received an "Order of Reference" made by the Judge of the NYS Supreme Court stating that they were in favor of the plaintiffs. We have the documentation and other forms of evidence to prove that this company once again made a mistake, as they did once before, but we are not being allowed to defend ourselves or be heard because we do not have a lawyer.
We could not afford to hire another lawyer to do same thing that had to be done last time, to straighten our their mistakes, nor did we feel we needed one because we knew we were right. I truly believed that at some point, this nightmare was going to end because the courts would eventually listen to our side of the story, before they would grant an order in favor of them. I was wrong. I have since, learned a hard, life lesson. That lesson is that the little people, like us, are not allowed to receive a chance for justice and will not be heard, unless thousands of dollars are spent on someone who will be heard for us.
My husband and I now realize that we need legal representation immediately or we are going to lose our home through the legal system. We are in the process of gathering money for a lawyer to try and stop this wrongful foreclosure, hoping and praying that it is not to late for us.
I have spent endless hours researching this company and. This company is notorious for their deceptive lending, servicing, and collection practices regarding home mortgages. I have learned that there are many federal and state regulators of consumer protection rights, whom are well aware of their practices and illegal tactics.
I am very confused, angry and sad that people like us, who do not have the money and/or resources to fight these corruptive companies, our losing everything we worked so hard for. Now that I am more familiar with the facts, I will not sit by any longer and not be heard by those who are liable to protect us. I am ready to fight and do whatever I can do, so that other families do not have to go through what we have. I will not allow this company to take away our home, the only home that my children have ever known, for their unjust actions and allegations.
We have worked so hard for what we have and it is not fair that we stand a chance to lose it. We were taken advantage of, as are many thousands of other families, by a very powerful and deceptive company who should not be allowed to be in business. I want answers on why this sort of thing is happening over and over again to honest and hardworking families all over our country. It’s unfair, unjust and something has to be done and us little people are not going to be able to do it by ourselves. I have spent hundreds of hours learning about this company, and getting information that will help us in saving our home and making this company pay for the pain and suffering that they have caused my family and other innocent families. I am willing to spend hundreds of more hours if I can bring justice for myself and others in these same situations.
I am by no means looking for sympathy or handouts. I am simply looking for any resource, advice, or any other information that can help give us direction towards our goal of justice. Thank you for your time and consideration.