Question:
Dear Steve,
Part 1: Reaching out for help
July of 2007, I made a loan of seven hundred thousand (interest only) with IndyMac Mortgage Service. I secured the loan with my property which is a duplex. My family and I live in one unit and the other unit rented out.
I borrowed this money with the intention of paying off my debts and purchasing another piece of property. After I paid off all the loans including the house. I was not able to purchase another piece of property; I did not have enough left. So, the balance I put into a money mart at my credit union, Lockheed Credit Union, Burbank, California.
I paid this loan consistently without having late fees each month ($3567.78) until November of 2013 when I was transferred to Ocwen Loan Servicing, LLC.
I started out paying Ocwen $2317.39 per month, sometimes a little less. I had the same consistency with Ocwen until April of 2017, when I ran out of money.
I was keeping current with my note from the rent of the unit, the money mart money and my income. I finally used all the money mart money.
The unit became vacant and it was vacant for awhile that is the reason I could no longer pay my note.
Now my only recourse was to repair the vacant unit and get it ready for rent. I could not hire anyone so my granddaughter and I repaired it.
I started trying to rent it. In the meantime, the notes are doubling plus other charges. See the two examples attached.
I called Ocwen and I also sent them a letter asking for help. My letter is attached and the response letter. Ocwen assigned Wazit Islam to me as a manager.
I spoke with Wazit Islam on several occasions but no help.
Once I was told by Wazit that I would need nine times the amount of the note in the bank as the note. Again, he told me the only thing that he suggested was to sell the property. I asked for a modification loan but it was rejected.
On September 9, 2017, I hired Gregg Bruno from Keller Williams, Keller Williams Westlake Village 30700 Russell Ranch Road, Suite 200 Westlake Village, CA 91362.
He told me that he specialized in foreclosures. He tried to get me a modification loan but Ocwen refused him. Since he could not get a modification loan, he wanted to sell the property I could not because I would not have a place to live and no money, I thought there must be a way out.
On October 3, 2017, I hired JOSHUA STIENBURG EQG. 5757 Wilshire Blvd #345, Los Angeles, CA 90036. Joshua was unable to get a modification loan from Ocwen or anything that could help me. See attached.
I chatted with many online attorneys’ and they all said Ocwen should have given me a chance to keep my home. Most could not understand the situation of this loan.
I am at the end of my rope. I cannot understand why Ocwen could not give me a modification loan.
I never missed a payment or late on a payment from the first day I bought the house over forty-five years ago.
I have been a homeowner for all these years always on time with my bills. I have a good credit rating.
I have no criminal records. I worked for one company for thirty-one years, WellPoint of Calif. I know that I am a stable person.
Part 2: Just waiting
At this time, I know the auction will occur on October 2, 1919, I was informed by Ocwen and western Progressive, LLC. I am just waiting to see what happens, maybe it will not be sold.
On October 3, 2019, I get a call from a strange man named Michael Martinez. Mr. Martinez said,” I am not a part this sale but I just wanted to let you know your house was sold today at an auction and you have a surplus. “You better get your surplus before the government claims it”. I do not hear from anyone for about two weeks. Ocwen, nor the new owner called or sent anything to inform me that my property had been sold.
Part 3: Again, trying to get help
The next day I contacted Non-Profit Alliance of Consumer Advocates headed up by Pep Abad and I was told that they could help me. Supposedly, they knew all about these kinds of situations and that they had the attorneys on hand. I filled out the necessary form for NACA for them to get started.
Part 4 Unknown parties approached my home and locks changes
On October 17th, 2018 at 9 am a man knocked on the front door. He introduced himself as Johnton Rios and said that he was representing a 3rd party that purchased my home. I asked Johnton who brought my home and he would not give me a name, only say a third party purchase it.
This is my first time getting any direct information, no telephone call, no e-mail, no text or regular mail from the buyers or the sellers.
NACA appointed Tony Cara aka Anthony Paul Cara and Ursula G. Barrios, assistant, Amie Schardt, Paralegal as my legal team. The Contingency Fee I signed was under CDLG.
The first contact I had with the legal group was Mrs. Barrios. A telephone call was set up with Mrs. Barrios she called on the date set and we and discussed some details of the case.
She spoke with me on another occasion about the information that she found showing that Owen put my income as N/A which was the reason why my modification was denied, Along with numerous civil codes.
Mr. Cara never spoke to me even though I asked to speak to him several times, I even asked if I could meet with him. We e-mail him he answered a couple and in one e-mail he told me to send anything I had to his secretary. I begin to wonder if there was a Mr. Cara. I expected him to communicate with me and discuss strategy and let me in on what going on in the case.
The case was filed 11/28/2018. During the preliminary court, I knew nothing that went on, Mr. Cara never reached out nor Mrs. Barrios. They did not give me the case number the only way I knew that the court was going my granddaughter and I went downtown to Los Angeles courts and she found the case number. We tracked the case and saw that it was mostly hearings on demurrers. The case was set to go to trial on 08/17/2020 and it was going to last for 3 days. But on 09/09/2019 my case was dismissed by Tony Cara
He wanted to know what our plans were, when were we planning on moving?
I told him that I have an attorney handling this situation and that’s all I could say on the matter.
He still tried to get more information so he left the porch another man came and knocked on the door and his name was Frank Carranza he was trying to convince me to give him some information, even offered me money to move.
I told him no I did not need his help. Johnton was across the street, he called Frank across the street and gave Frank a card that read Law Offices of Christopher Glenn Beckom and Frank Carranza put his name and phone on the back of Beckom card and came back again asking me to please let him help me.
He came back three times that same day saying he could help and I asked him to please leave me alone. That same evening some individuals came up on the front porch trying to change the locks and my granddaughter and I told him to leave if they did not, we would call the police and they left. See cards attached
The next morning, at 8 am Johnton returned with the same individuals without saying anything to me and broke the locks on the rental unit without a police or sheriff.
I approached them and asked what were they were doing there, Johnton said they had to protect their property because the unit was vacant. The locksmith person had no name on his truck or anything. He seemed to be very nervous. After the locks were changed, he placed a lock pad on the door and Johnton put a big notice in the window stating “This property is not for rent no soliciting/no trespassing,” (see attached) and Johnton left.
The locksmith person did not leave the area, he moved his truck across the street and watched the house for over hour and he left. I called my attorney, I did not speak with Tony but Ursula Barros about this situation, she gave me conflicting information; she told me to have the locks changed back and gave me the name of a locksmith. I called the locksmith before he got there she called back and said that Johnton could do that.
That same evening after the locks were changed an old man came and parks in the driveway blocking the driveway where we cannot get out.
Another car comes and parks behind that car and two young men get out one very husky and they are drinking their sodas and laughing loud and walking up and down the walkway in the front yard.
I call my attorney and ask what should I do. I was told to call the police. I call the Wilshire division and they came and they said that they could not make them move because my driveway it was common ground. (My WHAT IS THIS?) We are stuck and cannot get out. After a while, the young men leave but the old man stays in his car and never leaves.
After a few days, Hollyvale or someone moved the old man into the unit still keeping the driveway blocked. He was called the house sitter. The house sitter, when he would see one of us in the window, he would taunt, wave, and harass us.
We were blocked in for over two months.
The police did nothing nor did the attorney nor NACA. My daughter had just had surgery in September and was on bed rest but could not get any rest.
This old man would smoke and the smoke would come through the walls. I called the police and told them, the police officer told him to go to the street and smoke, he never did.
Other people would come and go out of that unit. Some pictures are attached we could not get them all. I did not leave because I feared if we left, they would break into my unit. At this time, I am beginning to think this is an unlawful foreclosure.
On October 26, 2018, there were three automobiles blocking the driveway ((did not get a picture looked to dangerous) this was the day I received the unlawful detainer.
But it was not served in person and nobody attempted to serve me in person. It was taping it on the door by someone inside the unit where the old man was, no sheriff was there.
Cynthia Margo of Nonprofit alliance told me I must be served in person with the unlawful detainer. Cynthia told me to forward it to her because unlawful detainer was time sensitive and had to be answered by the 5th day, I followed her instruction and sent to her. I did not hear from NACA or CDLG.
I contacted NACA because I had a question about the unlawful detainer such as; was the case file so when what was the court date, when would I have to move, how many days did the court give me before I would be evicted?
I never receive any orders from the court. After about two months I heard from NACA and I was told that the detainer case was lost but they never told me what happens in court. I continued to ask how many days left. I would hear from; I will get back to you.
I had many questions about everything that was happening they never answered. I took notice that the deed was notarized in Georgia, not California where the sale happened. I also took notice that the unlawful detainer had a court date of January 2, 2019, and the house was supposed to have been sold on October 2, 2019
Yhe order of my attorney Tony Cara. Mr. Cara nor Mrs. Barrios nor NACA reached out to tell me he had dismissed my case. The only way we knew that the case was dismissed we were following it online and I bought the court records. I tried to contract NACA or CDLG no success.
After the case was dismissed, I tried to do research on Tony Cara. I could only find a picture online. The address he gave us is a ups store. He supposable is on the fifth floor of that ups store but there is not a fifth floor it’s in a little strip mall. I found a license number but nothing about his business. I wonder is there really a Tony Cara?
Attorney Cara was supposed to work to get my home back. I asked that the surplus not be file because I had been told if I get the surplus I could not fight for my home. However, I did sign to get the surplus in case I lost my home. Mr. Cara applied for the surplus immediately and it was issued to him on December 27, 2018 by ZBS Zieve Brodnax & Steele, LLP in the amount of $348,762.98 in my name. Mr. Cara deposited the check and wrote me a check for $244.134.09 and kept the balance of $104.628.89 I assume he is claiming this for his service which he had not performed the service yet there has not been a trial, not even a preliminary.
Part 7: Eviction.
No clear information from NACA or CDLG as when I was to vacate, I never received anything from the court or the sheriff office. I once ask Mrs. Barrios and she said to me, I am working on it as we speak, she did not get back to me. One or two people said in 30-60 days.
On January 22, 2019, I get a notice to vacate the premises by January 27, 2019. The notice was stamped in an office in Beverly Hills. When I received this notice immediately went to that office where this notice was signed. I asked the officer on the desk did they send out a notice to vacate. He said no, it is done at the office down the street or downtown Los Angeles.
Prior to this notice, my daughter call NACA crying because she was in pain and did want to move and Amie just said off her heard you have until February 12, 2019.
A few days later I called the office and told them I had the five-day notice. Amie Schardt said she could work something out with the sheriff. I knew that was not true because these are recorded at the county courthouse.
I did not believe this was a true eviction notice. I know this is done by the sheriff’s office and this notice was tape on my door but I could not take a chance I did want to go to jail if I was wrong.
Time is ticking I have not done anything toward moving. So, I start trying to find a place to store my things and packaging, throwing away and give away. All this had to be done in five days.
We left our home on January 25, 2019, before the five days were up and went to a hotel and from there we were in and of hotels for the next three months.
Part.8: My personal research and findings
I was informed that the property was sold on October
THEORY 1
May 2019, the property was put into a trust and sold on August 1st. The property was sold to a couple name Choik Kwon and Jill Kwon supposedly the new owners appeared in front of a notary for the deeds. According to research, the property was granted to a Choik Kwon and JILL Jacok Kwon husband and wife on August 1, 2019. The real estate sites have the sale recorded on September 10, 2019. If the property was correctly sold in September the deed should have not been assigned in August a month before the sale date of September 10th 2019. So why would they be signing the deed a month before and the property was still supposed to be in court.
It is apparent that Wedgewood must have had some information that the case was going to be dismissed long before September 9th. The September 9th hearing was only to be a hearing on a demurrer, that seemed to have turn into a hearing that dismissed the entire case. Wedgewood did not wait for the case to be over before they made the sale. The Council that represented me did not contact me on anything regarding this sale.
Theory 2
According to Western Progressive, the property was to be auctioned on 10/2/18 behind the fountain located in Civic Center Plaza in Pomona, CA 91766. Per Mr. Michael Martinez the property was sold.
On 10/10/ 18 in the state of Georgia before Stephanie Spurlock and Laterika Thompkins for Wedgewood deed. The recording date was 10/17/2018. See attached form, also the Recording request by Western Progressive is crossed out and Hollyvale Rental Holding is put in. WHY the STATE OF GEORGIA When the property was resident and sold in California?
On January I, 2019, I contacted legal aid and I was referred to BET TZEDEK LEGAL SERVICES. I met with Anna Burns, Attorney at Law. I spend several hours discussing the case. I signed a retainer agreement with her to investigate the court case.
She stated she would investigate the case but she would not be able to undo anything. She called downtown and she was told there were not case files. So, we left her office before we left, she said Tony was wrong in taking the surplus.
The next day she e-mails me and said they would not be taking the cause. I can understand she would not be getting paid lots of work.
Theory 3
I don’t believe that was ever an auction. My credit was not affected I have checked month after month and it continues to increase. I do know that your credit is damaged by a foreclosure.
Throughout this whole case, I never saw money exchange. I have never spoken to anyone from the other parties.
All I have ever seen was old dirty looking men coming around the house. I cannot imagine a large company or Firm carrying out their business so sloppy. You will see in the pictures what I saw.
The only decent people I saw was the police and I called them.
Another reason I don’t believe there was an auction, a true action the buyer would not prolong about getting his property.
We live in the home for three months after the dismissal. Another reason no sheriff or police was involved, nor court orders. All I can come up with is, they saw an old, black woman and single.
On my deed it reads, an unmarried woman that means no protection from a male may be an easy prey to force out of her property.
Enclosed pictures, Forms, e-mail, document, and letter are attached, Court documents of dismissal.
Who can I contact I need help in this situation. I’ve tried to contact the state bar of Los Angeles and they are ignoring my claims and calling me a liar. I desperately need help
Thanks for your help,
Annie
Answer:
Dear Annie,
That is quite a question.
Here is what I can tell you. When it comes to protecting your legal rights, you have to be represented by an attorney that is licensed in your state. One place to look for attorneys in California that specialize in real estate consumer law is here.
There is so much to deal with in your question that at this point it would be nearly impossible to provide you with any guidance because we first need to deal with the property transfer and work backward.
If the property transfer can’t be legally reversed, then it’s hard to unwind what happened before that.
It sounds like you contacted some law offices that were trying to provide you with mortgage modification services.
California has some specific rules that apply to this type of service. As the State says:
“No person or company—including attorneys, foreclosure consultants and real estate agents – can demand advance payment for providing loan modification services in California. (Cal. Civ. Code, §§ 2944.7 and 2945.4; Cal. Bus. & Prof. Code, § 10085.6, subd. (a).) This means that a company or individual cannot obtain payment from you until after they perform all the services promised in your contract or agreement. In addition, mortgage foreclosure consultants who offer to stop foreclosure or assist you with obtaining a modification or other relief are required to register with the Attorney General and post a $100,000 bond. (Cal. Civ. Code, § 2945.45.) Search for the name of a foreclosure consultant to find if they are registered at Is Your Foreclosure Consultant Registered?” – Source
This page from the California Attorney General office gives you some very specific links on where to file a complaint.
I feel certain my answer will disappoint you, but let me be clear, at this point you have a complicated situation with 50 moving parts. I feel like only a real estate attorney can even begin to find the critical piece to pull on first.
You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.
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Asked a very, very difficult foreclosure question.
Answered.