Foreclosuresurvivor's Blog

Surviving Foreclosure

Dear Attorney General of Maryland

Attorney General Gansler:

My husband and I are victims of predatory lending from Fremont Investment & Loan.  We are residents of the state of Maryland.  We closed on our home in Bowie, Maryland on December 21, 2006.  The originating lender was Fremont Investment & Loan (“Fremont”) and transferred to Wilshire Credit Corporation, the mortgage servicing company.   Our home was foreclosed in January 2009 leaving my family homeless.  We now live with family in a basement based on Fremont’s predatory lending practices. 

I found out that by March 7, 2007, just 3 months after closing on our home, the FDIC issued a “Cease and Desist” order against Fremont Investment & Loan.

According to FDIC’s press release, “The cease and desist was implemented based Fremont’s lending practices, including:  “engaging in unsatisfactory lending practices” and “marketing and extending adjustable-rate mortgage (“ARM”) products to subprime borrowers in an unsafe and unsound manner that greatly increases the risk that borrowers will default on the loans or otherwise cause losses to the Bank, including ARM products with one or more of the following characteristics: …. qualifying borrowers for loans with low initial payments based on an introductory or ‘start’ rate that will expire after an initial period, without an adequate analysis of the borrower’s ability to repay the debt at the fully-indexed rate.”

The Attorney General for Massachusetts stood up for her citizens of Massachusetts to protect them from Fremont.  The Attorney General’s Office sued Fremont to stop foreclosures in Massachusetts and demand a settlement.  Attorney General Martha Coakley’s Office entered into a $10 million settlement with Fremont Investment & Loan and its parent Fremont General Corporation (“Fremont”) to resolve the Commonwealth’s lawsuit against the California-based lender.  Fremont agreed to pay the settlement including $8 million in consumer relief.  Why was this not done in Maryland? 

Fremont also extended their predatory lending practices right here in Maryland to families like mine.    What has our Attorney General done to protect hard working citizens from Fremont’s predatory lending practices?   

I’m now a single parent of two children who is underemployed and cannot get a job due to bad credit for seven years due to Fremont’s predatory lending practices.

I’m confident we are not the only victims of Fremont in the State of Maryland.  Please stand up for hard working Maryland citizens by suing Fremont and its Mortgage Servicers.  Please advise where we can work and/or live.   The FDIC implemented a “Cease & Desist.”  The Attorney General of Massachusetts successfully sued Fremont.  Why can’t Maryland?

I look forward to your prompt response.

                                                                                                            Sincerely,

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December 4, 2009 - Posted by | Forclosure Lawsuits

2 Comments »

  1. Hi, Our names are Tim and Kat and we found you on Neil Garfields site, livinglies. We live in Maryland and have stopped our predatory lender now for over five years. Lehman tried to take our home three times devoid of our ever having been in default. We are interested in talking with you as we live in Calvert County, just up the road from your former home in Bowie. We wonder if you have filed a lawsuit for ejectment and we would like to know the foreclosure mill who foreclosed as if it was Geesing and Ward who does a lot of Bowie work, we have proof of fraud that will set your sale aside so please call us as we must stick together here in Maryland as we have a heck of a fight on our hands with our corrupt courts, and lawyers here who are more than happy to serve us up to the Banksters. We can make a difference so please email or call, 410-257-5283 or timcotten@mris.com god bless, kat

    Comment by tim | December 17, 2009 | Reply

  2. Hi to all Marylanders and surrounding metro areas trying to save your home. We are sorry to make you acquaintance on such bad terms but are posting on this worthwhile blog to let local citizens know we are here and are willing to help all going thru the foreclosure process in Maryland and surrounding metro areas.

    While our case is a little different than most because we were never in default of our loan, the foreclosure process is still the same in Maryland and that is what we are happy to shed light on.

    Almost all MD foreclosures have been conducted fraudulently and devoid of the banksters having legal standing thus, the courts lacking Subject Matter Jurisdiction, the necessary what they must have to let the court doors fly open.

    We have learned the pleadings are deficient and can share with you defense arguments being made in Maryland courts all around the state right now and to which, MD citizens should win these cases if appealed.

    We have learned in our hell ridden seven years of fighting an illegal foreclosure sale that of which destroyed our credit to ensure keeping and holding us hostage so they could eventually steal our home…..They never wanted payment…..we are still prepaid and paid over 80k but, they did not want our money. See, 2003 when the bubble machine here in Maryland was kicking into full drive, we had amassed over 300k of bubble funny money equity, or equity that just never existed.

    Scummy Lehman Brothers, his bastard children Aurora Loans, CitiMortgage and Wells Fargo, (yes, Lehman owned interest in the others and owns Aurora outright), but, fact is all we had done wrong was have a bulls-eye known as equity on our backs!!!!!! That is right, they wanted the equity not our payments…..that were timely and sufficient.

    We found ourselves being foreclosed on, Christmas 2004, the first of the three fraudulent foreclosure actions taken against our property.

    We were horrified and could not imagine anyone could steal your home and you had never missed a payment and were by fact, paid in advance!!!!!!!

    We saw countless Maryland lawyers who were so happy to take our consultation fees of 150-300 per hour, only to smack us up side the heads and boot us from their offices yelling just SELL YOUR HOME, IT WILL SELL BY SUNDOWN!!!!

    THE ADVISE THE LAWYERS WERE WILLING TO GIVE US, YES, GODS HONEST TRUTH!!!!

    Then there was the other set of lawyers, Maryland, who saw us coming and of course offered to help however we would have to PAY 80K UP, FRONT, IN A TRUST ACCOUNT, in order for the lawyers to help!!!!! They pretended that it simply did not matter we were never late……OR, was it that they never intended to represent us at all but were just going to sell us out to the banks after they billed up the 80k, the later is what we suspect was the sinister plan underway but or local bar failed us miserably….to say the least and WE WERE NOT EVEN LATE OR IN DEFAULT OF THE LOAN…..WHAT IF WE WERE?????? GOD FORBID AND MAY HE HELP YOU ALL PLEASE…..AS THERE IS NO HELP FOR MARYLAND CITIZENS…..ONLY HELP FOR THE FORECLOSURE MILLS, LAWYERS AND BANKSTERS…..OUR STATE HAS FAILED US MISERABLY BUT, IS ALSO JUST LIKE THE LAWYERS, COMES STILL WITH HANDS HELD OUT!!!!!

    Most appalling was none of the lawyers believed we were not late and, albeit payment proof provided them, none even looked at our canceled checks, registers, proof of mailing and bank statements to which CONFIRMED WITHOUT DOUBT….WE WERE NOT LATE AND WERE NEVER LATE!!!!!!

    As though matters could not have gotten any worse, I had to stop working just to save our home!!!!! Thankfully, we never relied on both of our incomes to afford our home and I was able to do this……It has made us painfully aware of all those who are not so fortunate and who, had our circumstances been different, lost their homes to such egregious, and unadulterated greed and lust for a mans money and property!!!!!!

    We were horrified to be met by a court system here in Maryland, that is drenched in cronyism…..where Maryland’s citizens are denied access to due process and impartial judges…..

    Where judges whom have interest in the outcome of a case and or who owns stocks and bonds in a company to which the judge presides over a case but, by law is supposed to recuse and refuse to hear the case….

    We were shocked to realize that no matter how much proof of payment we presented to any court, BK courts also, no judge would examine our proof and simply ignored and admonished us…just as our now presiding Judge has done!!!!

    We, though victims of a financial crime, have been ignored and treated like lying trash by our courts and judiciary system…..We were forced into bk to save our home….We retain a lawyer to file the bk and who is suppose to be a TILA expert only to find out, he is bought and owned by Mr. Lehman and is lending money for Lehman…..yes, we are suing him but we do not plan to become fulltime members of the courts for the remainder of our lives…seven years has been long enough……AND WE WERE NEVER LATE…….

    What we have learned about Marylands courts and her judges is not pretty……No one is watching the hence house except for the fox….The MD Bar…….

    We have learned that reform must be undertaken to ensure access to the courts, to ensure there are incentives for MD lawyers to represent her citizens in consumer matters and we have learned consumer penalties for financial and consumer crimes in Maryland ARE SIMPLY NOT HIGH ENOUGH TO ACT AS A DETERRENT!!!!!!!
    We found a Mr. Calvin Winks info in an appraisal magazine, well Mr. Wink was touting how the FBI was going to prosecute Mortgage Fraud to the highest hilt…..What a joke…we wrote the Maryland FBI, Congress, Senate, and everyone we could think of HUD TOO AND FTC and guess what we got in return????? NOTHING, A BIG FAT NOTHING…..WE WERE TOLD THEY KNEW ALL ABOUT THE CORRUPT BANKS AND MORTGAGE SERVICING FRAUD, WHAT OUR INJURY IS, but that while they knew about it and yes, they knew that Lehman had pushed into foreclosure fraudulently and that no default existed and that, we were going to loose our home and were never late, and that Lehman and their cronies ensured we were placed before THEIR JUDGE, A FORMER LAW PARTNER TO THE LAW FIRM WHO TOUTS LEHMAN and the other scummy sobs as their representative counsel but, we have learned what our courts here in MARYLAND ARE NOT…..AND THEY ARE NOT COURTS OF LAW FOR THEIR CITIZENS…..FOR SURE….THEY ARE HOWEVER COURTS OF LAW FOR CORPORATIONS AND CRONYISM LAWYERING…..SAD BUT TRUE.

    Now, we know all of this does not sound so hopeful but WE ARE TAKING OUR COURTS BACK, ONE JUDGE AT A TIME!!!!!! What we have started doing is filing CRIMINAL COMPLAINTS…..AGAINST JUDGES AND FORECLOSURE MILLS WHO ARE BREAKING MARYLAND LAWS AND EITHER FACILITATING THE TAKING BY BREAKING CONSTITUTIONAL LAWS……..YUP, THAT IS WHAT WE ARE DOING AND WE ARE HAPPY TO SHARE THESE LETTERS WITH YOU, MARYLANDERS AS THE ONLY WAY WE CAN TAKE BACK OUR JUDICIARY IS TO COMPLAIN CRIMINALLY WHEN THEY DENY US OUR DUE PROCESS RIGHTS AND ACCESS TO LAW AND TRIAL TO DEFEND OUR PROPERTY RIGHTS!!!!!

    We are heartbroken this web sites creator lost their home to this fraud and want to stop and prevent other innocent Marylanders from the same……We must work together to stop this!

    We are very disgusted with the Justice Project and other None Profit Legal Aid agencies here in Maryland…Why, because these entities are not raising Subject Matter Jurisdictional Challenges for the neediest of our citizens….the poor….WHY ARE THEY NOT, Because Fed Grant Money prevents them from raising these or ANY BENEFICIAL CONSUMER LEGITIMATE CHALLENGES SUCH AS I.E., PREDATORY LENDING DEFENSE!!!!! Gods truth….No legal aid org. is allowed to mount these defenses EVEN THOUGH THE CONSUMER/CITIZEN HAS THESE CLAIMS VALIDLY…….HOW CAN THIS BE, IT JUST IS…..OUR JUDGES, LAWYERS AND LEGISLATORS ARE ALLOWING THIS TO HAPPEN, THAT IS HOW THIS IS HAPPENING….

    The same way our Maryland legislators gave her citizens the right to convert the non-judicial foreclosure into a judicial hearing by motion for exemption, good luck, getting a judge in Maryland to convert the case first of all but secondly WHY DOES THE CONSUMER HAVE TO WAIVE THEIR RIGHTS AND CONFESS TO OWING OR NOT OWING THE DEBT AT THE PRELIMINARY STAGES OF THE CASE WHEN THE COURTS OWN JURISDICTIONAL POWERS TO PRESIDE OVER THE CASE ARE IN QUESTION FIRST…..NO, MARYLANDERS ARE TRICKED INTO CONFESSION OF A DEBT BEFORE LEGAL STANDING IS ESTABLISHED….THE WHY OUR ATTORNEY GENERALS OFFICE AND FINANCIAL REGULATORS HAVE SO MUCH FURTHER TO GO….AND ARE NOT DOING ENOUGH TO STOP THIS KIND OF CORRUPTION.

    Well, this is just a start of what we want to share with the rest of our local citizens here in Maryland and please, we are not passing judgment against all of us who simply could not continue to make payments on our mortgages due to whatever reason….it is not about who has paid and has not paid it is about a much larger picture for us….the rampant raping of a states citizens by lawyers, judges and banksters….the why we are where we are now….The why there are no jobs for Maryland citizens because we have turned our state over to the courts, lawyers, judges and banksters oh, yes, real estate agents too….another that must be reformed….

    We hope that this post makes sense as it is another sleepless night….I have awoken in the middle of the night waiting for lady justice to arrive…..May God bless you all and if you are going through foreclosure this xmas, we are so sorry as we know how heartbreaking this whole thing can be as this is now our 6th xmas with this awful tyranny hanging over our heads…. tim and kat, 4410-257-5283, timcotten@mris.com

    Comment by tim | December 17, 2009 | Reply


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