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John Dale Wiley

John Wiley’s Answers

63 total


  • Should I call someone else at Ocwen about a Loan Mod?

    I just spoke with a representative at Ocwen about my delinquent home loan. I just got out of bankruptcy and have not made payments for months. I have not received a Notice Of Default. I recently started working and can make payments now. The rep a...

    John’s Answer

    Have you heard the commercial where the people in the "We Exist" support group have no problem believing the Easter Bunny and a Leprechaun but don't believe the Diet Dr. Pepper delivery man? That's how I have come to feel about loan modifications. They pre-approve every Tom, Dick and Harry down the street, but then they use those additional "delinquencies" (and if you're not paying your full payment, they're delinquencies) to foreclose on you.

    Ocwen has been beaten several times recently in court. There are other strategies that might benefit you, and I would be happy to discuss them with you.

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  • Home that you paid on for 15 years goes into foreclosure, after the mortgage company forgets to cancel sale, and it reverts back

    To the veterans admin. a realtor comes out, tries to get you to hand over keys, and sign a document that will offer you money(small amount), you rent an apartment, but never handed over the keys, they get someone in there to winterize and then you...

    John’s Answer

    Wow. There may be a number of people you could sue, including the mortgage company, the successor trustee, the realtor and others. Of course, all suits require good proof, and that would obviously apply here as well. It's worth talking to someone about, though. Sounds like it might have legs.

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  • What can I do to protect myself against my landlord?

    I lived in this apartment for about an year. I moved put on January 25 and I recieved a notice in which the landlord is asking me to pay 850 dollars for stains in bedroom carpet. I believe this is too much to pay especially because it was only the...

    John’s Answer

    Your lease would dictate what power the landlord has. I would say it might be worth calling an attorney in your area and asking them what they would charge for a short consult, then bring in the lease and let them look at it. This would probably be the best way to handle this.

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  • I have a rental home that has decreased in value and is now upside down. The 5 year arm I had has matured and I am being forced

    into a 30 year mortgage. My new payment is now costing me money each month (including the rent I receive) instead of it being income for me. I would like the bank to take it back and foreclose, because I can no longer afford the added expense ...

    John’s Answer

    This is an interesting question. I actually own some property over on Jekyll Island, so I'm very familiar with the area.

    There are several things that come to mind:

    1) If you did a true refinance when you went from a 5 year to a 30, you might want to look at TILA (Truth in Lending) violations.

    2) You would really have to have someone look at all documents before giving you a straight answer. If you have given additional property as collateral, then it may come into play.

    You are welcome to contact me on this issue, but in any case, please talk to a lawyer familiar with mortgages and with real estate law in general.

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  • I have a foreclosure debt with ING direct and Wells Fargo. I have checking acct. with Chase, can they take out money?

    I live in the state of IL, can my mortgage lender take out money out of my personal checking and saving account during foreclosure or after, to cover part of their debt or any legal fees? Do I have to close my bank accounts? I will really apprecia...

    John’s Answer

    During foreclosure, it would depend on the terms of your loan. After foreclosure, they would have to seek a deficiency judgment against you. I also think a new bank account is not a bad idea, but if you have not been foreclosed, I would definitely talk to an attorney and understand your rights.

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  • Unlawful eviction - what are my rights?

    Hi, I admit, I was in over my head. My house was foreclosed on, and in the midst of moving, we arrived one day to find the locks changed. We then received the keys a few days later. Just today (3 more days) I received a Demand for Possession. My...

    John’s Answer

    I would like to talk to you about your case. It seems that lenders have played fast and loose with many rules in this setting, and you may have more rights than you think.

    The lender can demand possession all they want; you do not have to hand over possession until they file suit against you. In the mean time, you should definitely contact a lawyer and discuss your rights. Make sure they know about securitization of loans, MERS loans and other complex foreclosure-related issues. These are key to getting the justice you deserve.

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  • Foreclosure - Economic Crisis - Can we sue the Counterparty Risk Policy Group?

    Counterparty Risk Management Policy Group - This is a group consisting of twelve major commercial and investment banks formed in January of 1999 after the near collapse of Long-Term Capital Management. This group seems to be well aware of the po...

    John’s Answer

    It would really depend on your particular situation. Theoretically, I think these groups are ripe for the right lawsuit. But, as in most any case, the concept of damages is the key. What damages do you have in this situation? I would love to talk to you more about this. We are certainly trying to muster as many valid claims as we can.

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  • Voluntary Repossesion of a Mobile Home

    I walked away from a mobile home mortgage in Middletown,Ohio. The mortgage company is harrassing me at work telling me that they are going to sue me and garnish my wages and deplete my bank account for the funds. They have also threatened to put...

    John’s Answer

    Most of these collectors are more "bark" than "bite". Your rights differ if it truly is the mortgage company, or if it is a collection agency coming in afterwards. If it is a collection agency, then you can tell them to stop contacting you by phone. Any violation thereafter is a violation of federal law.

    I would say you should simply tell them to go ahead and sue you; in recent cases that I have with creditors of this sort, they actually have ended up dismissing cases because they don't have the necessary paperwork to proceed.

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  • Notice of Trustee Sale. Employee working for our company.

    I have an employee that owns a home in Yuba City California. He rented it to another employee of ours. The owner of the property has collected the rent for years and has not paid the mortgage. A Notice of Trustee Sale has been issued on the pro...

    John’s Answer

    • Selected as best answer

    My firm has handled foreclosure defense all over, but we are just beginning in California. I would be happy to talk further about the particular challenges surrounding California law.

    The property owner is really the person holding the cards in this situation. It would be good for that property owner to essentially work with your renter in a manner that we have seen work successfully here in Missouri.

    A good, aggressive letter-writing campaign can sometimes stop a foreclosure, especially if it is punctuated by a clear understanding of the way these mortgages actually work.

    If the trustee's sale goes ahead, the renter would have certain rights under federal law. Tenants now have the right to stay in their homes after foreclosure for 90 days or through the term of their lease. The protections expire at the end of 2012.

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  • Foreclosure - Lender Takes Possession - Personal Property?

    If the lender has taken possession - Uniform Covenants - allows them to change locks etc... How/When do we get to take our personal property (Photographs, dishes, linens, clothes etc..)?

    John’s Answer

    They absolutely cannot take your personal belongings, but could claim that you have "abandoned" them if you don't get them out quickly. I would also check with a local attorney to make sure the foreclosure was done properly. So many of them are not.

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