Hi my name is Scott. I am in serious need of support while I'm trying to show mortgage lenders they can't just walk on barrowers. Especially when if it wasn't for us then they wouldn't be in business or at least not as well off.
In 2011 we had a house fire on Easter morning around 2:30. We lost everything including out pets but thankfully not our lives. At least not physically. Well we had coverage and had a partial payment for $70,000 that July with pending $33,000 final payment. Sent it in to flagstar bank with the thought and promise by the bank there would be disbursement of funds for repair. After few months we began to do repairs out of pocket and paid for services and permits waiting for inspection by bank for the next stage. In September 2011 was sent a notice of default for august and September. We asked lender to apply the missed payments from the restricted escrow that held the $70,000.00 because we were already in around $10,000.00 from our own money. We couldn't afford both apartment as well as monthly mortgage while the lender would continuously up the payment and deny relief for hardship. The bank said no that we would be reinbursed once the home was complete but keep on mind they was NOT disbursing funds still at this point. Just recently found out that flagstar took 8,040.59 and paid Aug & sep payments for $1300 then applied the rest to INTEREST & LATE FEES. FSB never gave us knowledge that this happen nor did they report to credit reporting as well as they didnt up date loan. we now know it was because they were trying to force us to foreclosure but they had to wait for the remaining payment of insurance. So they continued to demand payments which we were making but thought we were still behind but technically was not from FSB making the payments above. So each payment we made afterwards we still were making late fees and couldn't catch up so we thought. In Feb 2012 FSB demanded $4,300 with threat of foreclosure which we paid by loan from family. The $4300 was 5 months of payments. In March the insurance company said they would pay the final payment. FSB received the check on April , 17th and the same day sent a demand saying we owed $2200 or lose home we couldn't come up with that and we thought we were paid up to April so we thought we were only 17 days late but recent discoveries of the FSB payment from restricted escrow in September 2011 and the payments we made afterwards had us paid through April 2012. So we wasn't even I'm default while FSB was demanding payment again. Then they accelerated foreclosure and foreclosed on us in July which we had moved back in Feb because we had to choose either pay the demand for 4300 or for renew of apartment we choose keeping our home. All of our belonging were back in the home at that point even though we hadn't repaired it enough to be entirely livable. No utilities or essential needed means of living but we had to. So after non judicial foreclosure FSB filed with the courts and set a date for following month of sep.2012. We still had rights till then but in august FSB had a company illegally evict us taking everything and I walked in on them which then was threatened. I called a lawyer that got them out and they offered 1500 for us not to sue which we said no since in personal property alone was over 13000 they took and another 5000 in damages they deliberately caused to our things. After court we then was legally evicted and became homeless so we moved to my sisters in Kansas to yet again start over. We tried to do something about it all but at that time wasn't aware exactly of everything so sorta lost hope. Well last year April 2016 we received a letter from cfpb and small check saying we were named as victims of FSB and we could seek further legal action if we choose to do so. I got hope again. I start doing research again and requesting more and more from FSB then one day came across code for transaction on account with the 8,040.59 amount on 9/30/2011 I call flagstar and ask what the code was they reply transfer of funds from restricted escrow. So the late fee and principle as well as fha insurance for loan as well as INTEREST all got funds but more then half went to INTEREST. That tells me that they never intended on allowing us to repair home but only needed time to exhaust the insurance payment before foreclosing because it was a seduced loan so the if foreclosed fha would pay the bank back. After looking further at it we see several thousands of dollars being used for misc transactions during the year of FSB taking our payment saying they would disburse funds for home repair only to give run around and excuses so that the insurance would pay out then exhaust claim, take our payments, take home, never pay us for funds we spent on repairs, illegally evicted us before court after taking everything even our clothes, then get the fha refund from the loan even then they demolished the house and sold the land for thousands more. After talking to several lawyers and legal aid we do have a case but statue of limits are coming up in just 7 wks so in order to take my case they would have to drop everything so they need retainer to begin then the rest would be contingency fee. I know with the evidence we have now we would win and be compensated for FSB cruel wrongful and illegal practices. I know there are others going through this same situation I just hope that after enough times of us barrowers taking the lenders to court showing all their dirty laundry to the public that they will think twice before victimizing again .
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