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Home > Ask The Get Out of Debt Experts > I Got a H-118 Mortgage Litigation Mailer From Consolidated Litigation Group. What Should I Do? – Kimberly

I Got a H-118 Mortgage Litigation Mailer From Consolidated Litigation Group. What Should I Do? – Kimberly

“Dear Andy,

I received this Litigation Notification Final Notice (only one rec’d) ID#HCV-0421. Litigation Settlement vs Sierra Pacific Mtg. Co. Funded FHA loan 11/2009 sold to Wells Fargo 10/2010. The other party on this loan has vacated this property. I can no longer make the payment with only my income. I stopped making a payment in 11/2010. I have contacted Wells Fargo to see what my options were as I could make only 1/2 the monthly. Aside from the mortgage payment, the cost to keep the property up is right at $400.00 mo. I was told by Wells Fargo that my situation did not fit into any of their programs and when I asked what I could do, I was told “Bring your loan current and continue making the scheduled payment or be foreclosed on.” I suppose this is because had only lived in the property 1 year. I have not been able to make a payment. I was told (by a Wells Fargo representative)that I would needto make the full payment of $1800.00 mo, a parti al payment would not serve a purpose. I can only make a payment of maximum $900.00 per month to include taxes and insurance. I don’t want to let the condition of the property to be deprived so I have kept it up, so as not to have a negative effect on the neighborhood property’s. The property is in California, Shasta Co. The purchase price was $240k. The value at this time is $218k. I am still living in the property. The Litigation Settlement Notification Form H-118 personal ID#HCV-0421 type of litigation is VOID TRUST DEED and NOTE. Address is in Irvine, Ca.

I have been told by Ramon Soto, Client Ambassador of Consolidated Litigation Group the following: I would like to know if indeed any of this is a legal process and rightfully in order:

My principle reduction 20% which would be $176k @2% fixed for 30 yr. Payment would be $850 month PITI.

The cost is: Phase 1 $2,350 to be paid with application, copy of required documents. Phase 2 $1650 which will be paid to lender upon submission. If I do not qualify to be a part of this “Mass Joinder Litigation” the initial $2,350 would be returned to me. This would be determined within 30 days. If I qualify the $1,650 is to be paid and the time frame would be 6 to 8 months. From the start of phase 2, the current lender (Wells Fargo) can not by law start foreclosure process.

I have the money if this is legitimate and should act in a timely manner so as not to have forclosure start.

I need to know if The Home Retention Division is an avenue I should be taking. Please advise, I appreciate.

Thank-You,
Kimberly”

Dear Kimberly,

I don’t have an opinion on the validity of the underlying lawsuits in these mass-joinders. I do believe however that the sales and marketing efforts I’ve seen are outrageous and downright deceptive. Far too many people are being told whatever they need to hear, just to fork over the cash. If you ask me the H-118 form you received belongs in the trash.

I’m not alone in my concerns with the sales and marketing tactics currently in use by the mass joinder folks. The CA Dept of Real Estate issued a warning here, the CA Bar Journal issued a warning here, the Better Business Bureau issued a warning here, and a district attorney in Colorado also issued a warning here. He went so far as to say that his office “believes these mailings are a scam and recommends that anyone receiving this mailing not respond” Those are some strong words and none of these groups would issue a warning unless they had a valid reason. I’m sure the sales person you have been speaking with will dispute these warnings as bogus, but then again it’s his job to do that, he won’t get paid unless you pay him. If it walks like a duck and quacks like a duck…..

Getting to your particular situation. I’m afraid to say that there won’t be very many options for you to modify this loan unless you’re able to increase your income. Even then, the fact that you have only been in the loan about a year will make things terribly difficult to qualify for modification with Wells Fargo. My suggestion would be to consult with a local real estate broker and discuss short sale. Your goal would be to sell the home, even it is for less than what you owe. You can mitigate your losses allowing you to move on. For many, this is a tough pill to swallow, but it’s better than struggling endlessly with a mortgage payment that you can never realistically afford.

Good luck Kimberly, and if you have more questions or would like to keep us posted on your progress, please use the comment section below. I am subscribed to this post and will always do my best to respond promptly.

Best Regards,

I Got a H 118 Mortgage Litigation Mailer From Consolidated Litigation Group. What Should I Do?   KimberlyAndy is a licensed real estate broker in Massachusetts and is the founder of Northeast Properties in Norton, Massachusetts. His brokerage is designed to help homeowners in today’s difficult real estate market, specializing in short sales. Andy speaks with Massachusetts homeowners every day, helping them to address their questions or issues with short sale or loan modification. He enjoys helping consumers arrive at the correct solution to their problem, and believes that the only way to correctly do that is by presenting them with all of their options in an un-biased manner.

If you have a mortgage, short sale, real estate, or loan modification question you’d like to ask just use the online form. I’m happy to help you totally for free.

I Got a H-118 Mortgage Litigation Mailer From Consolidated Litigation Group. What Should I Do? - Kimberly by

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About Andy Faria

Andy Faria
Broker/Owner of Northeast Properties – real estate brokerage President/Owner of Northeast Settlement Group – performance based debt relief
  • Eugene

    THEY JUST GOT BUSTED BY CA ATTORNEY GENERAL!!!!

  • Jack

    I need some pro bono lawyers in this industry, someone who works for free and dont charge. I hope the State of California and other states can join forces with the feds to investigate the predatory banks on here . http://www.huffingtonpost.com/2011/07/06/fdic-mortgage-lawsuits-bank-foreclosures_n_891689.html Make them pay penalties back the consumer and don’t let them settle their way out of it.

  • Rita

    If you should decide to proceed, you can see that on Consolidated litigation group’s site, it shows that the attorney is Christopher Van Son.  He is a fine man with a bright career ahead of him. He’s the attorney who you will probably be partnered with if you decided to proceed with the case. You could not be in better hands. He is direct, passionate about his work, and he knows what he’s doing. I have to say, it’s hard to find a lawyer like that these days.

    • http://GetOutOfDebt.org Steve Rhode

      Is he one of the attorneys that is charging people to join the lawsuit? If so the California Bar would like to know so they can investigate him.

  • john

    You definitely should consider siding with the home retention division http://www.conlitgroup.com mainly because they are helpful and very sympathetic to times of struggle. You seem like you are having a very difficult time with paying off your loans and any sign of help, especially from the consolidated litigation group, is a positive investment of your money. Considering you have the money, it will be an advantage to you in the long run to save your house given that you win the lawsuit or let the bank settle. I honestly can not see any cons to the offer. If you are not qualified for litigation, you automatically get a refund of your money. On the other hand, if you do qualify, then you can pay your 1,650 in small increments. And like you said Wells Fargo can’t start the foreclosure process. It’s worth a try.

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