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John Dale Wiley

John Wiley’s Answers

63 total


  • We lost our house to BK (Ch.7) and we were already discharged. Now the bank is about to foreclose on it.

    Before the BK, we were desperately trying to keep the house by renting out rooms. We sealed off the doors from the hallway of the inside of the house, and provided each roommate with own bathroom in the room, kitchenette-type set up, and own entra...

    John’s Answer

    I don't think it's very likely that the bank is going to sue you for modifications you made. They have more to worry about than that.

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  • HAFA offered then a Foreclosure Summons served at the same time I'm in review for HAMP/MHA trial mod..huh?

    I've been trying to get a HAMP for nearly 2 years now. I've had to reapply 3 times. First time application was lost, second time It was cancelled due to non-reciept of docs - which I proved was incorrect. Now this third time I'm currently in under...

    John’s Answer

    You should definitely hire an Illinois attorney who is up to date on foreclosure law. My experience has been that the modification business is a complete scam. I would seek out how much information they truly have on your loan. That may be a more fruitful argument.

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  • Trying to avoid foreclouser and loose the house

    i want to bring eventhing up to that but with all the summons and fees it too high and i cant pay all at once but can i make a payment plan with

    John’s Answer

    You need to be careful, because the banks will take advantage of you on things like this. Lucky for you, there are a number of good law firms working on this stuff, including Ice Legal in Florida. I would call them and discuss your situation. They may well be able to help.

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  • Can anyone help with advice about my loan with Ocwen?

    I am behind on my home loan. I wasn't working for a long time and went into BK. My BK was discharged and I now have stable employment. I called Ocwen to arrange to start making payments. Their rep told me not to remit the payment, but to file for ...

    John’s Answer

    I believe that there are a number of avenues you should pursue in addition to the loan modification. Send a "qualified written request" about your servicing, and ask for all documents relating to the loan, including asking them to produce the note. At this point, California judges are not requiring note production in order for the company to continue foreclosing, but I believe this will still be an important procedure should you pursue post-foreclosure relief based on the fact that these people do NOT have the right to be doing what they are doing.

    Contact a lawyer who understands this foreclosure mess. You need to be pursuing all avenues.

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  • I am financing my business property through owner finance. In Feb 2011 the previous owner came into me business and stated to

    two of my managers that i was in foreclosure, which i am 7 months late, but no foreclosure had been filed. The owner then asked them if the would be willing to work for him, if he foreclosed on me and started the exact same business in the buildi...

    John’s Answer

    Owners do not have to follow the FDCPA. You might have a cause of action for slander, or possibly some sort of business tort like tortious interference with contract. You should consult a South Carolina attorney.

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  • I've been working a modification with Chase since 1/07......they just approved me, but for the same mo. payment!!!

    Chase has been giving me the run around for years now on my mortgage payment amount. After all these years they have just approved me for about the same amount that I originally had in monthly payments. I need help in fighting this problem, ...

    John’s Answer

    Chase modifications are almost worthless. But at this point, if you have been paying the modified amount, you need to be careful, because sometimes they will push you towards foreclosure, saying you owe a duty to the note.

    You are ratifying many illegal actions by the bank when you sign a modification. Just be careful.

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  • I have a mortgage servicer trying to foreclose with fraudulent documents(assignmen t of mortgage) and their counsel already has

    RICO charges against them for ROBO signers. I had been Pro Se until I realized I may need help for procedural . I was contacted by attorney who said he loved this but now only wants to bill be and have me reinstate my mortgage. I kn ow I have the...

    John’s Answer

    You need someone who has successfully fought on these new issues of fraudulent documents and other issues. If you wish to talk with us, we do have people in place to co-counsel with all over the nation.

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  • Hi~I've had it w/ my mortgage company! Citimortgage. I've been trying for close to 2 yrs to modify our mortgage~I've been lied

    to repeatedly by their "representatives"-the bottom line is that we're self-employed & they can't figure out how we pay our mortgage. I've spend hundreds faxing them bank statements, the forms they've requested,all the paperwork requested only to ...

    John’s Answer

    In my experience dealing with these cases from all over, the banks don't really WANT to modify your loan, they just want to get the TARP money. I would suggest talking with a foreclosure attorney who is familiar with all of the intricacies with the current foreclosure mess and the lost notes that are prevalent all around the country.

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  • What happens to unpaid HOA fees when a investment condo goes into foreclosure? Can the HOA board still go after the unpaid fees?

    Do banks typically pay the unpaid fees? or do they pay only when they have possession of the unit?

    John’s Answer

    It depends on what the HOA rules and regulations state, whether they are "covenants running with the land", and a number of other factors. The HOA board should attempt, to the extent allowable by the indentures, to proceed before the foreclosure. After the foreclosure, they could probably sue the homeowner.

    Talk to a Boston real estate attorney about this.

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