Wednesday, November 28, 2012

THE day

Today is the day.

 Today, a lawyer from Philadelphia is coming to our house to talk to us about our meeting tomorrow, with our mortgage company. It seemed like forever ago when all of this mess began. I remember the day that we went to the sheriffs office, and were served with our foreclosure papers. I was shaking, as I signed my name. We walked to the car in courthouse square. It was gray out, and very cold. We got into the car, and David was not speaking. He looked so incredibly stressed. Almost breakable, like if I said the wrong thing to him at that moment, he would have just been reduced to a pile of glass in the drivers seat. 

So I said nothing. I began to read the legal paperwork that was in my lap. The paperwork that was ultimately telling me how much time we had to get out, and what would happen if we didn't. The paperwork that was telling me that our hard work, and the dream that we wanted for our family, was over. It was all coming to an end, and our future seemed so very bleak. I can still remember how depressing Main Street looked, as we drove in silence, and how it almost felt like it was going to snow. 

We drove to Olivia and Charlotte's school, for their Halloween parade. I tried to make small talk with the parents I knew. I recall listening to a woman speaking to me. Her lips were moving, but I didn't hear a word she said. I looked beyond her, and saw David, nuzzling Molly. She was dressed as a pea in a pod. She had the chubbiest cheeks you ever saw. She looked adorable. David was smiling, and kissing her, as he held her tightly. I thought I was going to scream. Like I wanted to run around like a mad woman, yelling at the top of my lungs. But I couldn't. So I listened to the woman talk, and nodded my head, and responded when it was appropriate, even though, inside, I was running and screaming. I was a mad woman.

The parade began, and all of the kids came out in their costumes. Olivia was dressed as a rock star, and Charlotte was a snow princess. I kept holding back tears, as they came around. I felt like we were on the verge of losing something, and disappointing our girls. I know that sounds silly, but it all seemed to be out of our control. Beyond what we could do. It all seemed out of reach.

But it wasn't. And that mad woman got to work.  I read, and re-read every thing I could. And what I found out was compared to a giant bank, I am but an ant. Yelling and screaming will get me nowhere. My shouts were inaudible, even though I knew what they were trying to do to my family wasn't right. But when an ant suddenly gets legal representation, stuff happens. 

So, today is the beginning of something. To right a wrong. To fight for what is ours. To tell the big bank that they just can't do what they want.

 They have to play by rules too. Just like us. 

Today is the day.

6 comments:

  1. So what happened? Did you sign on a mortgage without reading the fine print and found out it was for an ARM or a loan for 125% of the value of the house or is your house now worth less than when you bought/built it? What are you expecting out of the bank if you signed a contract you can't make good on? I'm curious because a lot of people are riding in your boat. The lawyer's fees might have been better spent before you signed the loan you are defaulting on. Good luck.

    ReplyDelete
  2. Normally, I don't comment on my own posts, but what happened wasn't anything like you described. What happened was my husband and I living a cash only life. If we can't afford it we don't get it. We never overextended ourselves, and in fact, purchases a home for around $105,000.00. Tiny one bathroom house. One we could afford. My husband was a LAN surveyor. He was laid off when the housing industry imploded due to the banks irresponsibility. We suffered through 8 painfully long months of unemployment, and called our mortgage company every day begging for help. We were so concerned with meeting out monthly payments and were never late on them because my father in law thankfully went into his retirement savings to enable us to meet our obligation. Keeping a roof over our head, and our kids fed was our only priorities. We continued to beg the bank for help. A modification. And what they told us was this. There is nothing we can do for you as you are good customers, and you are current. However, if you stopped paying your mortgage, due to the unemployment hardship, you would qualify for a HAMP modification. And so, with much hesitation, we foolishly and regrettably trusted our mortgage company. We stopped paying. And within three months, and many threatening calls and letters later, they said they would help us! It was like a miracle. We were approved for a HAMP modification if we made three monthly payments on time at the new modified amount, and if we complied with the Trial Period Payment Plan, we would close. We signed the contract, and my husband became employed, around the same time. He was making MUCH LESS than his previous job, but it was a job nonetheless, and we could make the mortgage, with its new modified payment. Our trial period that we signed on that was to last three months lasted for 14 months. And in the end, they reneged on a HAMP modification. Instead, the trial payments were neve applied. And fees were added. Late charges were amertized as well as legal fees, driving up not only our principal balance, but our interest, making our mortgage payment higher than ever. We coul not make the payments and told them this, and so they began foreclosure proceedings. This pattern o behavior by our mortgage company happened to not just my families, but HUNDREDS OF THOUSANDS of homeowners. This pattern of bait and switch became so prevelant, that a class action lawsuit now has myself an my husband as one if the top named plaintiffs. We have the representation of one of the top law firms in the country. What the bank did was breach their own contract with us. They have us erroneous information that has effected us to our detriment. And the funny thing is that we want to pay our bills. We pay them all. We work hard. And I have been accused as being irresponsible, when in fact, the irresponsible thing to do would have been to walk away from this mess, and be done with it. It amazes me that people can point fingers at me and my husband, and accuse us of being deadbeats, when in fact we are doing the exact opposite, and fighting to continue to honor our contracts. If we never read our mortgage, and were ill informed, or borrowed more than we could have afforded, I would be the first to cry uncle. But we did everything we were supposed to do, and our fatal mistake was believing our mortgage companies directions which began this snowball we find ourselves buried in. That, is the cliff note version, of our story. Unremarkable, and quite too common, sadly. I was accused of being a victim. That struck me as so funny. A victim would not do what we have done to face a giant bank and tell them that they didn't play by the rules. That when I signe a contract with them, and abides to its terms, the same is expected of them, it is not ok what they did, to hundreds of thousands of people. It is criminal, and I for one will not rest until a court of law agrees with me, which WILL HAPPEN.

    ReplyDelete
  3. And by the way..I am not paying for a dime of legal fees. When we win, they will be paid.

    ReplyDelete
  4. Also, PLEASE forgive the typos! Yikes!

    ReplyDelete
  5. That's quite a mess with the bank. I hope things work out for you in the end. Looks like Fannie Mae and Freddie Mac are at it again this time with their HAMP program. It was bad enough giving mortgages to unqualified buyers (NOT meaning you) and now this wonderful program. I truly mean it when I wish you good luck. Like I said, you are not alone in this situation.

    ReplyDelete