jeanne in CA
Member
Part 2-
There was nothing else I could do so I went home. My husband and I were both hysterical by this time. He got on the phone and started trying to locate an attorney for us. The attorney listened to our story and simply stated that if the sale was scheduled for two days hence there was nothing he could do for us. He said that if we were successful in getting a postponement he would meet with us to discuss options. The next day and a half were a nightmare. Finally we got word that the sale had been postponed for a little while but no one could tell us for how long. Eventually, the mortgage company postponed the sale for another month and we were able to meet with our new attorney. We submitted the “statements” and “payment history” my daughter had fabricated as proof of our claim and ended up filing a lawsuit. Based on our “proof”, the attorney was able to go to court and obtain a preliminary injunction against the sale of the home. We had to come up with a $5,000 bond on top of all the legal fees.
The lawsuit languished for several months. The mortgage company was having difficulty disputing our records and asked for additional time. Finally we discovered our daughter's ongoing financial and identity theft and realized that the documents she had given me to use as the basis of our suit were fraudulent. We immediately notified our attorney. He was not the least bit sympathetic and appeared to believe that we had tried to con him. It was not until an attorney friend of ours called him and vouched for our story that he seemed to believe us. Since we could no longer legitimately maintain that we had made the monthly payments the mortgage company claimed were in arrears, they was free to pursue the sale of the home. They made it clear that they intended to do so. That left us no other option than to file for bankruptcy for the simple reason that we did not have the funds to pay the arrearages and could not get a loan because our credit was ruined. The lawsuit was still pending until just recently when we finally told our attorney to withdraw it.
The mortgage situation has been particularly painful. In addition to the indescribable stress of it all was the knowledge that our daughter stole the money in my credit union and former bank account earmarked for the mortgage payments and used it for her own purposes. Then, she deliberately created and allowed us to use documents she had deliberately forged our lawsuit against the mortgage company. She knew about the thousands of dollars we were spending on legal fees to pursue what was clearly a bogus lawsuit suit against the mortgage company. And, she knew we could not afford the legal fees and court costs of such a lawsuit because she knew she had already embezzled nearly everything we had from all other sources.
Ok, I know I said I would try to curtail the lengthy posts and promise I will do better. For any of you who are thinking, "I wish this woman would shut up already!", I will.
Once again, thank you for the prayers and support.
There was nothing else I could do so I went home. My husband and I were both hysterical by this time. He got on the phone and started trying to locate an attorney for us. The attorney listened to our story and simply stated that if the sale was scheduled for two days hence there was nothing he could do for us. He said that if we were successful in getting a postponement he would meet with us to discuss options. The next day and a half were a nightmare. Finally we got word that the sale had been postponed for a little while but no one could tell us for how long. Eventually, the mortgage company postponed the sale for another month and we were able to meet with our new attorney. We submitted the “statements” and “payment history” my daughter had fabricated as proof of our claim and ended up filing a lawsuit. Based on our “proof”, the attorney was able to go to court and obtain a preliminary injunction against the sale of the home. We had to come up with a $5,000 bond on top of all the legal fees.
The lawsuit languished for several months. The mortgage company was having difficulty disputing our records and asked for additional time. Finally we discovered our daughter's ongoing financial and identity theft and realized that the documents she had given me to use as the basis of our suit were fraudulent. We immediately notified our attorney. He was not the least bit sympathetic and appeared to believe that we had tried to con him. It was not until an attorney friend of ours called him and vouched for our story that he seemed to believe us. Since we could no longer legitimately maintain that we had made the monthly payments the mortgage company claimed were in arrears, they was free to pursue the sale of the home. They made it clear that they intended to do so. That left us no other option than to file for bankruptcy for the simple reason that we did not have the funds to pay the arrearages and could not get a loan because our credit was ruined. The lawsuit was still pending until just recently when we finally told our attorney to withdraw it.
The mortgage situation has been particularly painful. In addition to the indescribable stress of it all was the knowledge that our daughter stole the money in my credit union and former bank account earmarked for the mortgage payments and used it for her own purposes. Then, she deliberately created and allowed us to use documents she had deliberately forged our lawsuit against the mortgage company. She knew about the thousands of dollars we were spending on legal fees to pursue what was clearly a bogus lawsuit suit against the mortgage company. And, she knew we could not afford the legal fees and court costs of such a lawsuit because she knew she had already embezzled nearly everything we had from all other sources.
Ok, I know I said I would try to curtail the lengthy posts and promise I will do better. For any of you who are thinking, "I wish this woman would shut up already!", I will.
Once again, thank you for the prayers and support.