Market Ticker Forums
Detailed market commentary at The Market Ticker and Ticker Classics (The Year 2012 In Review)
Donations accepted; we offer GOLD ACCESS for enhanced privileges. T-Shirts, caps, coffee mugs? Click here.
BlogTalkRadio - Mondays at 3:30 Central - Yes, TickerGuy has a radio show (kinda)
Rss Icon RSS available You are not signed on; if you are a visitor please register for a free account!
Sponsored Advertising
To remove advertising from your display upgrade to Gold Donor status
MarketTicker Forums Read Message in Foreclosuregate
User: Not logged on
Top Forum Top Login Control Panel FAQ Register Logout
User Info Lawsuit: Family blames JPM for retired minister's death in forum [Foreclosuregate]
Drench
Posts: 28631
Incept: 2009-11-10
Green
Report This As A Bad Post Add To Your Ignored User List Ignore this thread
Quote:
The relatives of Harry Engel alleged the bank’s negligent actions caused his death “by way of a stress induced” heart attack on July 1, 2010, which occurred days after he and his wife received an eviction notice on their Grand Prairie home, according to the lawsuit.

The family, which includes Engel’s widow, Wanda Jo, and their three adult children, alleged in court filings that a Chase employee told the elderly couple to miss a payment so that they could qualify for the bank’s refinancing program and secure a lower rate and monthly payment. The couple followed the employee’s instructions, the lawsuit claimed, but they soon received a letter indicating that they did not qualify for refinancing and that their mortgage had to be made current.

In the lawsuit, the family alleged that even after the couple made a payment for an unspecified amount as instructed by the same Chase employee, they received notices of foreclosure and eviction. The family claimed that Harry Engel was “overcome with stress and fear, and was terrified at the thought of losing his and Wanda’s home of more than 20 years,” according to the lawsuit.
http://bizbeatblog.dallasnews.com/2012/0....
Drench
Posts: 28631
Incept: 2009-11-10
Green
Report This As A Bad Post Add To Your Ignored User List
Quote:
A spokesman for Chase reviewed the lawsuit, saying "There are serious factual inaccuracies in the filing, but we are not going to comment because it is ongoing litigation."

He added, "We have not completed any foreclosure on the property. We work with homeowners across the country to help them to avoid foreclosure whenever possible."
http://www.wfaa.com/news/local/Lawsuit-c....
Azusgm
Posts: 2623
Incept: 2010-12-02
Green
East Texas
Report This As A Bad Post Add To Your Ignored User List
What the family alleges constitute a pattern of behavior for JPM Chase that has been reported multiple times in multiple instances. For the behavior to be so consistent, the orders have to be coming from far up the hierarchy. This is policy in action.
Sd79
Posts: 3138
Incept: 2008-10-12
Silver
SoCal
Report This As A Bad Post Add To Your Ignored User List
I'm baffled by this. Okay, I understand 'miss a payment to see if you qualify for for a mod' but when the banks says "nope, pay up", WHY can't these people pay up?

Do they miss the payment and go out to party with it?

Or are penalities like 2x the amount or more they normally pay?

----------
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
~ Albert Einstein
Pika-steph
Posts: 54924
Incept: 2007-09-11
Gold A True American Patriot!
Live Free Or Die; US Army Est. 1775
Report This As A Bad Post Add To Your Ignored User List
Penalties and fees after an actual missed payment are usually enormous and compounded with compiling interest. Unless the people are sitting on about double or triple their original mortgage payment then they cant catch up. After all, if they had that kind of cash they wouldnt be asking for the mod in the first place. This is a calculated strategy.

----------
Stop the Looting; Start Prosecuting - http://www.FedUpUSA.org/
inline
"The only regulation that really works is failure."--Rick Santelli
Sd79
Posts: 3138
Incept: 2008-10-12
Silver
SoCal
Report This As A Bad Post Add To Your Ignored User List
thanks. That is bad!!

----------
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
~ Albert Einstein
Flick
Posts: 1055
Incept: 2009-06-06
Green
Report This As A Bad Post Add To Your Ignored User List
That is exactly what happened to my friend's mother. Although she was not looking for a mod, she missed a payment (early Alzheimer's), and the fees and penalties ended up being thousands, even after she caught up. She lost her house.

----------
The man who wouldn't die.
Bigbluffer
Posts: 1330
Incept: 2010-11-01
Green
NC
Report This As A Bad Post Add To Your Ignored User List
Also, sometimes people make payments and either they are refused or improperly credited. The banks are making accounting errors on a regular basis and pursuing foreclosures based on these errors.

In addition, there was a case in Mississippi not too long ago that showed that Wells Fargo was illegally misapplying payments to penalties and fees before applying them to principal and interest owed, thus snowballing the penalties and fees owed. If you read mortgage papers from the last five years or so, you'll see they reflect the change in law that prohibits this. A federal judge enjoined Wells to stop the practice. A few months later another case appeared before her that demonstrated Wells was continuing the practice, despite the injunction. Wells responded it wasn't their fault but "the fault of the software they use". Apparently WF hasn't gotten around to updating their software, for YEARS now. Uh huh, they're too broke. More likely, too busy stealing homes. If I have time, I'll return later and see if I can find the case, however Yves reported on it on Naked Capitalism.
Flick
Posts: 1055
Incept: 2009-06-06
Green
Report This As A Bad Post Add To Your Ignored User List
The rest of the story re my friend's mother's house.

The bank offered to let her (the daughter) keep the house for something over $50,000. She declined. No way the house was worth it - tiny little 2BR, maybe 1,000 sq ft max.

House went on the market and sold for around $22,000. Turns out, it was purchased by a good friend of hers, who has offered to sell it to her for a few thou more than he paid. Dunno if she's going to take him up on it.

So let 'em foreclose, and maybe you can buy it back for less than half price. lol

----------
The man who wouldn't die.
Asimov
Posts: 104683
Incept: 2007-08-26
Gold
East Tennessee Eastern Time
Report This As A Bad Post Add To Your Ignored User List
Sd: Note this part...

Quote:
the family alleged that even after the couple made a payment for an unspecified amount as instructed by the same Chase employee, they received notices of foreclosure and eviction.


They did TRY to pay it back up.

----------
It's justifiably immoral to deal morally with an immoral entity.
If you trade based on what other people say, you will lose money. Especially what I say. I won't be held responsible. Festina lente.
Sd79
Posts: 3138
Incept: 2008-10-12
Silver
SoCal
Report This As A Bad Post Add To Your Ignored User List
Thanks, I missed that.

----------
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
~ Albert Einstein
Top Forum Top Login Control Panel FAQ Register Logout