TRIAL PLAN ABUSES – THE BEAT GOES ON……..SOME THINGS TO THINK ABOUT…..

Our office gets a good number of calls each day as the WAR ON FORECLOSURE wages on.  It is truly amazing how many calls we get from homeowners who have been scammed, cheated, lied to, spit on, deceived, and perhaps even fraudulently abused.  I got a call today regarding a homeowner that was a 70 years old and dealing with the “here’s a trial plan, thanks for your payments, oh we changed our minds” TRIAL PLAN NONSENSE scenarios.

Is this FRAUD?  Is it BREACH OF CONTRACT?  Is it UNFAIR AND DECEPTIVE BUSINESS PRACTICES?  Is it HEARTLESS?  What exactly is going on here?  Why can’t the lenders and loan servicers play fair when it comes to HAMP modifications, and even as to internal (non-HAMP) modifications.

We have identified several different types of scenarios on our website www.TrialPlanFraud.com.

People often ask us, “what can we do about this kind of shenanigans perpetrated by the lenders and loan servicers” (and if these entities are acting as “agents” for the so-called “investors” of the securitized loans aren’t the investors (principal) also liable for these deceptive acts?

Here’s some insight on these trial plan issues:

(1) The lenders are not obligated to give you anything, but if they do, they should play fair and honor what they say they are willing to give you.  For example, if you tell a 70 year old homeowner that they qualify for a trial plan modification (leading them to believe badly needed relief is at bay) shouldn’t the lender play fair, review the financials in good faith, and if nothing changes in a material manner from the time the trial plan was given until the time the final review takes place, shouldn’t this mandate that the lender/servicer/investor provide the modification?  After all, we are not asking you to give something you were not already willing to give, we are simply asking you to honor your trial plan that you used to suck additional payments out of people.  In this case, you would also be avoiding potential liability for elder abuse (financial elder abuse under California law).  Why not play fair and do the honorable thing?

(2) If the lender/servicer/investor refuses to honor the modification, consider sending in a “TRIAL PLAN FRAUD / BREACH OF CONTRACT LETTER” outlining the relevant facts, payments made, and citing potential causes of action.  You should consider putting the lender on notice of potential claims you may raise against them in a future civil lawsuit.  Our law-firm can write these letters on your behalf which also includes a qualified written request and demand to identify the holder of the loan amongst other things.

(3) If all else fails you may want to discuss with legal counsel the potential for filing a civil lawsuit and seeking money damages, specific performance of the contract and/or an injunction to stop foreclosure.  Some fact patters are better than others when it comes to deciding whether or not a civil lawsuit is in your best interest.

(4) When dealing with your lenders/investors/loan servicers, please make sure to make written notes of everything, document everything, take down names, dates, badge numbers, etc.  You will need this for our trial plan breach letters and if you wind up filing a civil lawsuit.  In this business you have to document everything, and trust no one.  The lenders are only out to protect their own interests.  They do not care about you or saving your home.  Right now it is all about their cleaning up their books.

THESE ARE JUST A FEW THINGS TO KEEP IN MIND WHEN TRYING TO SAVE YOUR HOME FROM FORECLOSURE.  FOR MORE INFORMATION VISITWWW.FORECLOSUREDEFENSERESOURCECENTER.COM OR TO BOOK AN ATTORNEY CONSULTATION CALL (877) 276-5084.