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     | Friday, September 01, 2000 - 11:49 pm  I am a widow of four [very painful] years now, with two children, due to the death of my husband of 11 years, who was swarmed by wasps and died suddenly at work due to a heart attack. My dec'd husband and I bought a 28' x 80' mobile home and financed it with CIT Financial Group and placed the mobile home on a 1 acre tract of land that my husband was given to him by his mother via quit claim deed prior to our marriage. This land has been in my late husband's family for now four generations which is located on a five mile road named for his family. The family surname ends with my son, he is the only heir to the family name and only namesake on this five mile road still living. If I cannot either refinance and payoff the alleged obligation owed under the Security Agreement or file bankruptcy as our property is in foreclosure and I believe I am being scammed out of my home as the mortgage company refuses to correctly quote an accurate payoff figure on the mortgage and is, effectively, prohibiting me from refinancing, as we had no credit life insurance. We borrowed the principal amount of $44,000.00 at 11.5% interest for 20 years, beginning monthly, in 8/89 and our payments were meticulously current until approx. 1 yr. following my husband's death. When I became 1 month in default the mortgage company sent someone out to our home and their representative offered me a "deferment agreement" on the one payment then behind and the next two payments to become due so that I could catch up comfortably on the loan. The agreement was to be that the three months payments would be added to the end of the loan and the agreement would modify the current terms of the loan by extending them for three additional months - same interest rate, same everything, only the loan life would be three months longer than that originally agreed to. I, of course, agreed to this "deferment agreement" and the representative specifically told me "do not make any payments until you receive your deferment agreement, then sign it, and send in the next month's payment due with the executed deferment agreement." The three months passed and I still never received the alleged deferment agreement from CIT. I called and called, they told me time after time that the agreement was being prepared and would be sent to me soon. After approx. six months, with no payments, and no receipt of the alleged deferment agreement, I called CIT's credit department once again. I was told "we do not have any record of a loan with you, I am new here." I said, oh yes I have a loan with CIT and can you please ask your supervisor and research this fact and call me back and let me know what the status of the "deferment agreement" is so that I can get this cleared up, your representative told me not to make any payments until I received the deferment agreement, which was several months ago." When the credit dept. rep. called me back, she stated that the entire credit dept. of CIT had been fired and replaced with an entirely new staff and my loan had somehow "slipped through the cracks." She also told me that I was in serious default of my loan obligation and that I was facing litigation at this time. I tried to explain to no avail. When I finally did receive a "deferment agreement" the agreement reflected deferment of many payments I had proof of which were paid that were listed to be deferred, which would, if executed by me, effectively make me pay those payments twice, as well as other questionable amounts being deferred. When I contacted the representative about the problems with the deferment agreement, I was told by Deanna, the rep., by telephone after she read my fax, that I had two choices, 1) sign it and return it; or, 2) do not sign it and face legal action on my home as she stated that her legal department refused to modify the agreement in any way and would not acknowledge my efforts to explain. Being either stubborn, or just plain stupid, I refused to execute an agreement which would require me to make even one dollar in duplicate payments, much less the several thousand they were attempting to scam me for. I believed that the local courts would certainly protect me from this company. In November, 98, I received by posting on the door a notice of a hearing that my mobile home was being replevined and I was ordered to appear and show cause why it should not be so done. I did appear and disputed the amounts owed and the Judge went ahead and entered a Final Judgment of Replevin, with a proviso for another hearing to determine the accurate amounts actually owed by me. Knowing that I could refinance the loan, I waited for this hearing for months and months, and in the meantime, the mobile home has yet to be taken away. One month ago, I received a notice in the mail that a final hearing on a summary judgment motion seeking foreclosure on my real property [which I did not even know there was a mortgage thereon]as my husband and I at the closing had no knowledge that CIT was intending to hold a mortgage on the land, and we were given back the originals (2) with the original signatures when we disputed the placing of our real property as collateral when it had never been mentioned to us prior to the closing. The original executed mortgage (2) that I have in my possession which we received back at closing, have no amounts filled in and no terms of the loan thereon. Apparently, CIT representatives chose to have a mortgage on the property anyway after the closing and filled in the blanks on an original they apparently kept and recorded it in the public records, unbeknownest to us. We have never received a copy of the fully executed mortgage at any time and we presumed that the Security Agreement was on the mobile home and there was no mortgage on the property. On June 21, 2000, the local Circuit Court adjudged me to be in default of the service of process the mortgage company had published in the newspaper without ever attempting to serve me, but one time, and alleged that "a man at my residence address told their process server that I was out of town and he did not know when or if I would be returning." I have two kids in school registered at that time and who are currently in public school in this county. As for my son's ownership interest, apparently a guardian ad litem was appointed on his behalf, since CIT alleged to the Court that they could not find me for service; and, the Guardian Ad Litem, answered the Summons & Complaint that my son could not be found either, and that he had no significant ownership interest in the property which would preclude foreclosure. My deceased husband's estate has never been formally probated, though it was filed, as the attorney who I hired to do the probate suddenly went up on his fee from the $500 quoted to me to do the entire proceeding, became in excess of $5,000 when he hired a new associate who began billing me monthly by the hour. I was not able to pay his fee and their firm withdrew from my representation as the personal representative of the estate. The real property was never deeded to anyone and remains to this date, titled to my deceased husband. The Court ordered CIT to furnish a payoff figure of principal and interest, costs and attorney's fees, each delineated item for item to me so that I could seek refinancing that I was certain I could achieve. They sent me a letter stating that my principal balance owed as of June 30, 2000, was $59,100.00. A new hearing was set on August 30, 2000, and a Final Judgment was entered following the filing of an "Affidavit of Amounts Due" by CIT which totalled in excess of $75,000.00. Yes, more than $75,000 alleged to the Court to be owed on a $44,000.00 loan at 11.5% interest for 20 years, which almost half of the life of the loan had been paid out (9+ years), with an INCREASE IN THE PRINCIPAL AMOUNT OWED -- IMPOSSIBLE. I FACE THE NEARING SALE OF MY PROPERTY -- AND NO ONE WILL GIVE ME A CORRECT PAYOFF FIGURE SO THAT I CAN PAYOFF THIS LOAN AND SAVE MY HOME. OTHERWISE, I FACE THE POTENTIAL OF FILING BANKRUPTCY. PLEASE HELP ME OR REFER ME TO SOMEONE THAT MAY BE ABLE TO HELP ME AS SOON AS POSSIBLE. Mom, widowed with two children, is being scammed in a viscious way and I seemingly have no recourse. Thank you in advance for any help you can give me. Catyharis@aol.com
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| | Wednesday, October 04, 2000 - 09:16 am Does anyone have recommendations where Cathy could get assistance in Florida? Below is the e-mail I'm sending to Cathy: -------------------------------------- Cathy, previously I wrote to you: "I just saw your posting at bayhouse.com about your foreclosure, was off-line for a several weeks and am still on the road. I need to know what State you're in, and then I'd like to talk to you on the phone. Please send me your number and what's a good time to call you. Sorry about the delay, I'll try to help you." A few days later, after I had left Fairbanks, Alaska for Arizona, you responded "Please contact me today if possible, I am running out of time and I don't know what to do. Please let me know how I can reach you and I will call you immediately. Thank you." I realize that you have a lot of problems and stress, but that doesn't mean that I change my entire life just to talk to you, free of charge, with no prospect of ever getting a penny in compensation. I posted numerous times at BayHouse that I travel, and I told you so in my E-mail. I DO NOT give out my number, even when I have a number to be reached at. If I wanted to sit at a phone from 8 - 5 every day, I'd get a job. I'll post this E-mail too, and maybe someone knows of an organization in Florida that can assist you better. Good luck, Christine
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