Losing your home is very stressful. Losing tens of thousands of dollars to a mortgage scam can really drive a “sane” person over the edge.
GENESEE COUNTY (WJRT) — (02/25/08)–Several banks call it one of the largest mortgage schemes ever in Mid-Michigan. A Grand Blanc Township man is accused of ripping off banks and homebuyers.
One of those buyers: a prominent psychologist who may have been driven to violence.
In a state where last year foreclosure notices roughly equaled the number of birth certificates, Kurt and Lisa Heintz stand out — at least to several banks.
“Everyone seems to know about these folks, yet nothing has been done,” said attorney Michael Haley.
Welcome to reality. Too many crooks and not enough cops.
The reported scam that the doctors was involved in, is a scam that was played out across the country in almost every state and county. Straw buyers, fake appraisals and loan fraud were as easy as 1,2,3.
More from ABC 12:
Their court filing lays out what the company claims is the Heintzes’ M.O.: First, buy a bunch of properties. Second, get an appraiser to lie about how much they’re worth.
Third, let other people in on the plan, get them to apply for loan and buy the land for the higher price. Fourth, pay those borrowers a fee, anywhere from $10,000 to $25,000 up front.
Fifth, Indymac says through a land contract, the Heintzes would promise to buy back the properties for the inflated value, perhaps to sell them again.
Instead, the borrowers were left on the way to foreclosure and potentially facing criminal charges.
If you were scammed by a similar con game, then please contact the FBI or please contact me personally and I will see what I can do to help you find justice. Your identity will be protected.
{ 9 comments… read them below or add one }
I have a countrywide home loan. These people are the worst to deal with. I have attempted to refin my home loan at leat 6-8 times. Each time the deal fell through. I was told by 3 lenders that countrywide was blocking me from going to another lender. Now I am currently 1 month behind witha mort. of 1,464.27 a monuth. My mother health is felling and she will longer be able to work to help me pay this high mort. I have told Countrywide a a thousand times that I need assistant to bring down my payments. They totally ingnore me saying that I do not qualify for alower interest rate. I was modified from 10% to 8% because I had lost my job. This only brought it down by $92.00. They also made me pay about 3,000 to get them to modifiy my loan. I really hate these people. I need help to get away from them.
Countrywide agreed to a home modification with me on December 17, 2007. They told me to get a money order for a down payment, and once I received the documents, to get them notarized and back to them. I waited for those documents, and they never came. When I would call…they would say, ‘they are on there way’. Now..I have only 35 days left before foreclosure, and they are now denying this ever happened. I still have the money order. What can I do?
UNITED STATES DISTRICT COURT-MIDDLE DISTRICT OF FLORIDA-FT.MYERS DIVISION
PATRICK FARRELL,\tab\tab Plaintiff,\tab vs.G.M.A.C.PREMIER MORTGAGE FUNDING,JODY HERNANDEZ,FIRST AMERICAN TITLE INS.CO.,LOIS CONRADUNITED HOMES,BUSEY BANK,APPRAISE-IT,GARY PRUITT,MORTGAGEWISE,PATRICK ROBINSON,PINNACLE FINANCIAL CORP.,COUNTRYWIDE HOME LOANS INC.,\tab\tab Defendants\tab Case No. 2:07-cv-817-FtM-34DNF COMPLAINT FOR FRAUD,CONSPIRACY AND DAMAGES
AMENDED COMPLAINT FOR DAMAGES
This is an action at law for Fraud,Fraud in the Inducement,and Conspiracy commited by defendants upon Plaintiff in which the damages suffered are in excess of $15,000,exclusive of interest,fees,
penalties and other disbursements.Plaintiff is entitled to relief and demands judgement for damages.
PARTIES
Plaintiff Patrick Farrell is a natural man,Sovereign,Sui Juris,Secured Party Creditor/in Propria Persona.
G.M.A.C. a corp.3451 Hammond Ave.Waterloo,Iowa 50704
PREMIER MORTGAGE FUNDING,a corp.237 Joel Blvd. Lehigh Acres,Fl.\tab \tab
JODY HERNANDEZ/agent/person/ens legis; 12520 World Plaza Ln.#1 Ft.Myers,Fl.33907
FIRST AMERICAN TITLE INSURANCE CO.,a corp.,LOIS CONRAD/agent/person/ens legis
3103 Del Prado,Cape Coral,Fl.33904
UNITED HOME BUILDERS,a corp. 231 Del Prado,Cape Coral,Fl.33990
BUSEY BANK FL.,a corp.7980 Summerlin rd. Ft.myers,Fl.33907
APPRAISE-IT a corp.,GARY PRUITT/agent/person/ens legis
5598 8TH ST.,#4,Lehigh Acres,Fl.33971
MORTGAGEWISE,a corp.PATRICK ROBINSON/agent/person/ens legis
6741 Buckingham Ftmyers,Fl.33905
PINNACLE FINANCIAL CORP. 2611 Technology dr.,Orlando,Fl.32804
COUNTRYWIDE HOME LOANS INC.,a corp.,450 American St.Simi Valley,Ca.93065
JURISDICTION AND VENUE
This court has supplemental jurisdiction over all other claims,including state law claims
Venue is proper in this district as the defendants principal place of business or residence,is in this district,or because defendants acts and omissions constituting violations of law occurred here.
Plaintiff demands a trial by jury at Common Law.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
Plaintiff decided to buy a home in 2004.The purchase agreement for the property required Plaintiff to obtain interim construction financing from the defendants for the purpose of acquiring the property and constructing a home and improvements thereon,and,then,upon completion of the home,to secure permanent mortgage financing,or \’e2\’80\’9cend loan,\’e2\’80\’9d to Pay off the interim construction financing loan,then make subsequent monthly mortgage payments.Subsequent to agreeing with the defendants to engage in their process,Plaintiff was subjected to a scheme of material misrepresentations made by the defendants,that were false,known to be false when made,or was made recklessly as a positive assertion without knowledge of its truth,it was intended to be relied upon by Plaintiff,it was relied upon,and it caused injury to Plaintiff.
1.\tab On 6/5/04,Plaintiff put a $100 deposit on a lot in Cape Coral that cost $47,500.On 6/29/04,it was settled by First Comm.Title for $47,370.01 after some fees.
2.\tab On the dates of 6/21/04 & 7/08/04 Plaintiff engaged in agreement with Defendant PREMIER MORTGAGE FUNDING INC.,who created good faith estimates for a loan ,none of which included $47,370.01 or $47,500 in lot equity. JODY HERNANDEZ was the agent who affirmed this.
3.\tab On 7/15/04 defendants FIRST AMERICAN TITLE INS.CO.& LOIS CONRAD, instructed Plaintiff to bring a cashiers check to closing,based on figures from lender,PREMIER MORTGAGE.
4.\tab On July 18,2004 the property was appraised at $279,600.
7/30/04 HUD-1 FINAL SETTLEMENT STATEMENT – VIOLATION F.S. 817.545
5.\tab On 7/30/04 a HUD-1,FINAL STATEMENT was created by FIRST AMERICAN TITLE INS.CO.and LOIS CONRAD,file #1024-577543,that included charges from defendants PREMIER MORTGAGE,FIRST AMERICAN, BUSEY BANK,UNITED HOMES.
6.\tab On this 3 page document were bogus numbers and calculations from defendants that Plaintiff discovered in July 2007 to be material misrepresentations. During the course of the discussions above, defendants PREMIER MORTGAGE & FIRST AMERICAN,affirmed to Plaintiff that the figures were true and correct regarding the alleged lot equity [$47,370.01] added to the appraised/sales price $279,600 ,that already included the lot price,plus settlement charges amounting to $328,134.21.
Defendants JODY HERNANDEZ and LOIS CONRAD affirmed to Plaintiff that \’e2\’80\’9cthis is how BUSEY BANK wants this done and that the lot equity,would serve as a replacement for a down payment.\’e2\’80\’9d
7.\tab Another set of figures were amounts paid,which had $265,600 as the amount of the BUSEY loan,#71108831.Upon review of the documents,Plaintiff discovered that defendant BUSEY BANK added the actual principal loan balance of $233,590 [which included all draws to defendant UNITED HOMES] to the final draw to defendant UNITED HOMES of $32,010 [already added] to arrive at the amount of $265,600. Adding an additional $32,010 was a material misrepresentation.
8.\tab The inflated amount of the new loan,$265,600,plus $2,500 in deposits,plus $47,500 in false lot equity for a total of $315,600 was affirmed by defendants as true accounts and required.
9.\tab $315,600 was subtracted from $328,134.21,which required Plaintiff to pay FIRST AMERICAN TITLE INS.CO. a sum of $12,534.21,an amount based entirely on Fraud.This amount was purported to be escrowed,and to be used in the end loan but never appeared in any subsequent calculations.Instead,FIRST AMERICAN converted the $12,534.21 amount to its own possession.
10.\tab The representations mentioned above were false when defendants made them in that there was no lot equity in the amount of $47.370.01 or $47,500,to be added,and the $265,600 was incorrect, fraudulent ,and $12,534.21 was stolen by defendant FIRST AMERICAN for their own unjust profit.
11.\tab Defendants PREMIER MORTGAGE,FIRST AMERICAN,UNITED HOMES,BUSEY BANK knew the representations were false when defendants made them,Defendants made the representations mentioned above with the intent and for the purpose of deceiving Plaintiff and to induce Plaintiff into relying on the representations and procure a loan to build a home.
12.\tab Plaintiff in reliance on the material misrepresentations mentioned above was induced to go forward with procuring the loan,sign documents with BUSEY BANK and give them $8,466 in interest payments for the loan and make mortgage payments after closing. Also give $2,656 to PREMIER and $2,656 to BUSEY BANK for fees for their services.
13.\tab This document was signed and approved by LOIS CONRAD & JOE SEALEY of United.
14.\tab On July 30,2004 Plaintiff and defendant BUSEY BANK engaged in an agreement, a TRUTH IN LENDING DISCLOSURE STATEMENT.The defendant represented to Plaintiff that the amount financed would be $265,600.The representation mentioned above was false in that the actual principal balance of the loan was $233,590,and the final draw of $32,010 to defendant UNITED HOMES [already included in the $265,600] was added again,unjustly,and charged again at closing 11/11/05.
15.\tab Plaintiffs reliance on the representations mentioned above was reasonable under the circumstances in that Plaintiff hired defendants,they received fees and or profit to perform their professional services, which Plaintiff assumed were governed by law,experience and integrity.
16.\tab As a direct and proximate result of the conduct of the defendant as described above Plaintiff engaged in a fraudulent contract,all to Plaintiffs damage in the amount of $75,000.
17.\tab Had it not been for defendants material misrepresentations,Plaintiff would not have been able to qualify for said loan,and incurred no damages.
APPRAISE-IT – VIOLATION F.S. 817.545
18.\tab July 2005 Plaintiff found defendant Patrick Robinson of MORTGAGEWISE to do closing.
19.\tab On 8/29/05 Defendant MORTGAGEWISE hired GARY PRUITT of APPRAISE-IT to appraise the subject property,file #2005-225-FARRELL.
20.\tab Defendant gave a grossly inaccurate, and deliberately illegal assessment of the subject property.Defendant appraisal stated,ALL SALES HAVE POOLS, ALL LOTS HAVE CANALS,but omitted the pools were larger,better,the canals were saltwater/gulf access,worth $100,000 more,and the \’e2\’80\’9ccomps\’e2\’80\’9d had boat lifts and docks increasing their value much more in compared to Plaintiffs property.
21.\tab COMPARABLE NO.1-3238 NW 23RD ST. CAPE CORAL
22.\tab This home had a much larger pool and lanai,a waterfall on the pool deck,the deck is pavers that extend outside the pool area,all the way down to the seawall,which has a concrete dock,on a very wide salt water/Gulf access canal,with a very good view.These aspects were omitted by the defendants.The defendants claimed all this was only worth $2,000 more,All this was material misrepresentations.
23.\tab COMPARABLE NO.2-1243 NW 35TH AVE. CAPE CORAL
24.\tab This home had a much larger pool and lanai area,a stamped/block impressed concrete finish, with a Xylene topcoat.The defendant claimed the difference was \’e2\’80\’9cNIL\’e2\’80\’9d.There was a boat lift the defendant claimed was only worth $1,500.It was also on a gulf access/salt water canal.These aspects were omitted by the defendants,all this was material misrepresentations.
25.\tab COMPARABLE NO.3-1026 NW32ND PL. CAPE CORAL
26.\tab This home had a pool and lanai area that was twice the size of Plaintiffs,increasing the value. The defendants claimed the difference was \’e2\’80\’9cNIL\’e2\’80\’9d.This home has 2 boat lifts,and wooden docks extending across the entire edge against the water,with walkways extending around the other side to get on two boats from both sides,and another dock to fish off of or access a canoe or kayak!
27.\tab The defendants claimed this was only worth an added $3,000! This home was on a salt water/gulf access canal.These aspects were omitted by the defendants,all material misrepresentations.
28.\tab The defendants artificially inflated the value of Plaintiffs property to $465,000,to induce Plaintiff to sign the contract for the end loan,and induce the bank to approve the loan causing Plaintiffs damage,since Plaintiff gave no \’e2\’80\’9cdown payment\’e2\’80\’9d or other consideration besides his signature.
29.\tab Had it not been for the fraudulent claims and omissions,Plaintiff would not have been qualified for the loan,and would not have suffered financial damages as he has.
MORTGAGEWISE – VIOLATION F.S. 817.545
30.\tab 9/7/05 Plaintiff met with defendant MORTGAGEWISE to sign papers related to closing.
which stated that Plaintiff supplied lender with income and asset documents showing net worth.
31.\tab On the Uniform Residential Loan Application,page 2, Defendant falsely stated that Plaintiff worked as a painter for 12 years and had a monthly income of $7,500 per month.On page 3,Defendant falsely stated that Plaintiffs mobile home was worth $20,000.Records in Lee Co.Tax office reveal Plaintiffs mobile home was assessed at a value of $2,360.
32.\tab About 10/1/05 Defendant told Plaintiff the lender did not approve Plaintiff,as Plaintiff did not have enough income and assets.Defendant would have to find another lender.
33.\tab Plaintiff entered into an \’e2\’80\’9cend loan\’e2\’80\’9d mortgage note on 10/11/05,with MORTGAGEWISE.
34.\tab Defendant MORTGAGEWISE gave the false appraisal along with an application with false income and assets to lender/defendant PINNACLE FINANCIAL CORP.to induce them into granting Plaintiff a loan.
35.\tab At closing on October 11,2005,defendant told Plaintiff that the equity from the appraisal could not be used as a down payment,as he had affirmed it would be in earlier talks,but after we close,
defendant would find Plaintiff a property,and Plaintiff could take out a home equity loan with him and invest it in a property.This never occurred.Defendant also affirmed that Plaintiff could close on the loan,keep the home for 2 years,and sell it without paying taxes.All the market had to do was go up 5% and that would offset Plaintiffs monthly mortgage payments.This has not occurred. The $12,534.21 that was purported to be used as a down payment by defendant FIRST AMERICAN was not calculated into the HUD-1 settlement statement,it was omitted.File #1024-973415.
36.\tab THE BANKS INVOLVEMENT
37.\tab Defendant PINNACLE FINANCIAL CORP.gained a profit from giving Plaintiff a loan,
#132030973,on false pretenses and collected on an unlawful debt by taking 3 mortgage payments until they sold it to Defendant COUNTRYWIDE HOME LOANS.
38.\tab When Plaintiff entered into the loan contract with PINNACLE, I signed a promissory note. This contract supposedly qualified me to receive the bank\’e2\’80\’99s money.The bank either sells or hypothecates Plaintiffs promissory note before we sign the final papers relative to the \’e2\’80\’98loan\’e2\’80\’99. In essence the defendant PINNACLE FINANCIAL CORP. is receiving the proceeds of the sale or hypothecation of my note before it purchases or accepts Plaintiffs promissory note as a loan to itself.
39.\tab The contract Plaintiff signed promissory note was converted into a\’e2\’80\’98negotiable instrument\’e2\’80\’99 by the bank and became an asset on the bank\’e2\’80\’99s accounting books,allowing them to loan more money.
40.\tab Plaintiffs promissory note (\’e2\’80\’98money\’e2\’80\’99) was taken, recorded as an asset [$283,000] of the bank,where they could loan out 10 times that amount of money due to \’e2\’80\’9cfractional reserve banking\’e2\’80\’9d,and then sold by the bank to COUNTRYWIDE,loan #72387978 without \’e2\’80\’98equal valuable consideration\’e2\’80\’99 given to Plaintiff for my note. PINNACLE FINANCIAL earned interest on $2,830,000 [10X $283K] .Plaintiff has received no consideration for this.
41.\tab The defendant used my note to pay the seller,BUSEY BANK,which satisfied the mortgage, in order to raise an asset for itself, and also used the face value of my note as \’e2\’80\’98principle\’e2\’80\’99 which it claims it \’e2\’80\’98lent\’e2\’80\’99 me and against which it charged interest. Consideration on the part of the bank is nonexistent.
Since consideration is essential to an enforceable contract and the note was obtained from Plaintiff via fraud, the entire transaction/contract is fraudulent.
42.\tab Had it not been for the defendants acceptance of the fraudulent loan application,Plaintiff would not have been granted a loan or suffered any damage.Defendant COUNTRYWIDE HOME LOANS bought the loan from PINNACLE FINANCIAL CORP. and thereby continued this fraud by collecting an unlawful debt by taking monthly mortgage payments from Plaintiff,after securing the rights to service the loan,without Plaintiffs approval or notice.They earned interest on $2,830,000 [10X $283K] Plaintiff has received no consideration for this.They then sold the loan to defendant G.M.A.C.
43.\tab Defendant GMAC later began servicing the loan #0359244301,after buying it from defendant COUNTRYWIDE without Plaintiffs approval or notice,to profit from it, by collecting an unlawful debt by taking monthly mortgage payments from Plaintiff.They earned interest on $2,830,000,10X $283K, Plaintiff has received no consideration for this.
44.\tab Defendant WELLS FARGO BANK,as trustee of IMPAC SECURED ASSETS CORP.is attempting to foreclose on Plaintiffs fraudulent loan,thereby collecting an unlawful debt,furthering the Fraud and Conspiracy of the aforementioned defendants.Plaintiff faces financial ruin as a result of defendants false representations and knowing participation in such a fraudulent scheme.
COUNT 1 FRAUD IN THE INDUCEMENT
AGAINST-PREMIER MORTGAGE FUNDING & JODY HERNANDEZ
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-17 above as if fully set forth herein.
45.\tab Plaintiff is and at all times mentioned in this complaint was a man of Lee County Fl.
46.\tab Defendant Premier Mortgage Funding is and at all times mentioned in this complaint was a business of Lee county Florida.Defendant Jody Hernandez was a person working for Premier.
47.\tab Defendant Premier Mortgage Funding made material misrepresentations and omitted to state material facts necessary so not as to appear misleading.
48.\tab Defendants knew or should have known the numbers and calculations on the HUD-1 statement were false and his affirmations that they were true were material misrepresentations.
49.\tab The defendants intended that Plaintiff act upon the false statements in the manner reasonably contemplated,that is to procure a contruction loan from his \’e2\’80\’9chand picked\’e2\’80\’9d lender,BUSEY BANK.
50.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
51.\tab Plaintiff relied on defendants false statements and misrepresentations,and got a loan.
52.\tab Plaintiff had the right to rely on the statements,as defendants were paid for the service.
53.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings and imminent foreclosure of said property.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendant herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation including fees,costs,disbursements and expenses.
4.To award such further relief as the court deems just and equitable.
COUNT 2 FRAUD
AGAINST FIRST AMERICAN TITLE INSURANCE COMPANY & LOIS CONRAD
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-17 above as if fully set forth herein.
54.\tab Plaintiff is and at all times mentioned in this complaint was a man of Lee County,Fl.
55.\tab Defendant First American Title Ins.Co. at all times mentioned in this complaint was a business in Lee County. Defendant Lois Conrad was a person working for FIRST AMERICAN.
56.\tab Defendant FIRST AMERICAN TITLE INS.CO..made material misrepresentations and omitted to state material facts necessary so not as to appear misleading,& took $12,534.21 from Plaintiff.
57.\tab Defendants knew or should have known the numbers and calculations on the HUD-1 statement were false and affirmations that they were true were material misrepresentations.
58.\tab The defendants intended that Plaintiff act upon the false statements in the manner reasonably contemplated, that is to procure a contruction loan from BUSEY BANK,and build said home.
59.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
60.\tab Plaintiff relied on defendants false statements & misrepresentations,got a loan & built a home.
61.\tab Plaintiff had the right to rely on the statements,as defendants were paid for the service.
62.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings and imminent foreclosure of said property.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation including fees,costs,disbursements and expenses.
4.To award such further relief as the court deems just and equitable.
COUNT 3 FRAUD
AGAINST BUSEY BANK,UNITED HOMES,
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-17 above as if fully set forth herein.
63.\tab Plaintiff is and at all times mentioned in this complaint was a man of Lee County Florida.
Defendant BUSEY BANK is and at all times mentioned in this complaint was a business of Lee county Florida.Defendant UNITED HOMES is and at all times mentioned in this complaint was a business of Lee county Florida.
64.\tab Defendant BUSEY BANK made material misrepresentations and omitted to state material facts necessary so not as to appear misleading.
65.\tab Defendant UNITED HOMES approved the material misrepresentations and signed for the resulting benefits on the HUD-1 statement and BUSEY BANK\’e2\’80\’99s TILA and other documents.
66.\tab Defendants knew or should have known the numbers and calculations on the HUD-1 statement were false and the affirmations that they were true were material misrepresentations.
67.\tab The defendants intended that Plaintiff act upon the false statements in the manner reasonably contemplated,that is to procure a contruction loan from BUSEY BANK,and build said home.
68.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
69.\tab Plaintiff relied on defendants false statements and misrepresentations,and built a home.
70.\tab Plaintiff had the right to rely on the statements,as defendants were paid for their service.
71.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings and imminent foreclosure of said property.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation including fees,costs,disbursements and expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin any third party from any terms of the contract against Plaintiff.
COUNT 4 CONSPIRACY
AGAINST-PREMIER MORTGAGE FUNDING,FIRST AMERICAN TITLE INSURANCE COMPANY,BUSEY BANK,UNITED HOMES,JODY HERNANDEZ,LOIS CONRAD
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-71 above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee Co.
Defendant Premier Mortgage Funding,First American Title Ins.Co,BUSEY BANK,UNITED HOMES were at all times mentioned in this complaint,businesses of Lee county Florida.Defendants JODY HERNANDEZ,LOIS CONRAD,JEAN LINDER,JOE SEALEY were persons residing in Lee Co.Fl.
72.\tab Prior and up to the date of 7/30/04 defendants maliciously conspired together in the city of Ft.Myers,,Lee county,Florida with the intent to profit by inducing Plaintiff to procure a mortgage loan.Defendants engaged together in their respective capacities as mortgage loan brokers,facilitators, bankers and builders to finance a home built by UNITED HOMES.
73.\tab There was a meeting of the minds,intent upon a common goal to procure a loan,through the resulting HUD-1 statement and loan from Busey Bank.In furtherance of this conspiracy,defendants PREMIER, FIRST AMERICAN,,BUSEY BANK,UNITED HOMES, committed the following tortuous acts and profited from their respective actions; all to Plaintiffs damage;
\’c2\’b7\tab Premier Mortgage Funding falsely claimed the numbers on the HUD-1 were valid,induced Plaintiff to go forward with the loan and made a $2,656 profit unjustly.
\’c2\’b7\tab First American Title Ins.Co. used the false info.;created and signed the HUD-1 to take $12,534.21 from Plaintiff without consideration and profited unjustly.
\’c2\’b7\tab Busey Bank took over $8,466 from Plaintiff in interest charges based on the Fraudulent,inflated loan procured by Fraud and profited unjustly.
\’c2\’b7\tab United Homes signed the false HUD-1,agreed to build a home,received extra money based on Busey Banks false,inflated loan and profited $32,010 unjustly.
74.\tab As a result of these wrongful acts committed by the defendants Plaintiff has spent his entire life savings in the amount of $75,000,and faces imminent foreclosure.
75.\tab In committing these acts defendant acted with malice towards Plaintiff,and Plaintiff is entitled to recover 3X $75,000 in exemplary damages in the amount of $225,000 or in such amount as will sufficiently punish defendants for their willful and malicious conduct and will serve as an example to prevent a repetition of such conduct in the future.
76.\tab WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation including fees,costs,disbursements and expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin any third party from any terms of the contract against Plaintiff.
7.To award such further relief as the court deems just and equitable.
COUNT 5 FRAUD
AGAINST UNITED HOMES,
Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.
Defendant UNITED HOMES is and at all times mentioned in this complaint was a business of Lee county Florida.
77.\tab Defendant UNITED HOMES contracted with Plaintiff to build the house for a fixed price.On 6/14/04 I met with United salesman Ed Trebilcock and signed agreement to build home.Gave $2,000 deposit.UNITED HOMES document advertised that \’e2\’80\’9cwe include all\’e2\’80\’9c regarding Lot Prep Cost.
78.\tab 5/3/05 United Homes agent Vanessa Sweigart sent Plaintiff a letter informing him that he must pay an increased cost of $6,990 for dirt.
79.\tab 2/28/06 Plaintiff complained about several issues in a fax to United Homes that threatened suit if not fixed.The main issue was the fact,that there was evidence of a lack of adequate dirt all around the home,especially next to the driveway,where Plaintiff could place his entire arm underneath the concrete slab.Defendant UNITED HOMES agents Bob Appolloni and Lisa responded and repaired this and other issues and confirmed it in a letter.
80.\tab Upon information and belief,the $6,990 was a fraudulent charge,as if there was $6,990 of extra dirt used there would be no need to come back right after the home was built,and use more dirt to repair serious building flaws.
81.\tab Defendants UNITED HOMES made material misrepresentations and omitted to state material facts necessary so not as to appear misleading.
82.\tab Defendants knew the claim of including lot prep was false and his affirmations that they were true were material misrepresentations.
83.\tab The defendants intended that Plaintiff act upon the false statements in the manner reasonably contemplated.
84.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
85.\tab Plaintiff relied on defendants false statements and misrepresentations,therefore believing in the idea of building and buying a home.
86.\tab Plaintiff had the right to rely on the statements,as defendant was paid for the service.
As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings and imminent foreclosure of said property.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation including fees,costs,disbursements and expenses.
4.To award such further relief as the court deems just and equitable.
COUNT 6 FRAUD IN THE INDUCEMENT
AGAINST APPRAISE-IT ,GARY PRUITT
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 18-35 above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.Defendant Appraise-It at all times mentioned in this complaint was a business of Lee county Fl.,and defendant Gary Pruitt was an person who resided in Lee Co.,Fl.
87.\tab Defendant Appraise-It made material misrepresentations and omitted to state material facts necessary so not as to appear misleading.
88.\tab Defendants knew or should have known the numbers and calculations on the appraisal were false and his affirmations that they were true were material misrepresentations.
89.\tab The defendants intended that Plaintiff act upon the false statements in the manner reasonably contemplated,which was to procure an end loan through defendant MORTGAGEWISE.
90.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
91.\tab Plaintiff relied on defendants false statements and misrepresentations,& procured an end loan.
92.\tab Plaintiff had the right to rely on the statements,as defendant was paid for the service.
93.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings and imminent foreclosure of said property.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation incurred by Plaintiff including fees,costs,expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin any third party from any terms of the contract against Plaintiff.
6.To award such further relief as the court deems just and equitable.
COUNT 7 FRAUD IN THE INDUCEMENT
AGAINST MORTGAGEWISE,PATRICK ROBINSON
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 18-35 above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.Defendant Mortgagewise at all times mentioned in this complaint was a business of Lee county Fl.and defendant PATRICK ROBINSON was a person residing in Lee Co.Fl.
94.\tab Defendant Mortgagewise made material misrepresentations and omitted to state material facts necessary so not as to appear misleading.
95.\tab Defendant knew or should have known the numbers and calculations on the appraisal and loan application were false and his affirmations that they were true were material misrepresentations.
96.\tab The defendant intended that Plaintiff act upon the false statements in the manner reasonably contemplated,which was to procure an end loan from defendant PINNACLE FINANCIAL CORP.
97.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
98.\tab Plaintiff relied on defendants false statements and misrepresentations,and procured a loan.
99.\tab Plaintiff had the right to rely on the statements,as defendant was paid for the service.
100.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings put into the subject property and imminent foreclosure.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation incurred by Plaintiff including fees,costs,expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin any third party from any terms of the contract against Plaintiff.
6.To award such further relief as the court deems just and equitable
COUNT 8 FRAUD
AGAINST PINNACLE FINANCIAL CORP
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-45; above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.Defendant Pinnacle Financial Corp.at all times mentioned in this complaint was a business in Orlando,Fl.
101.\tab Defendant PINNACLE FINANCIAL CORP accepted the bogus loan application with a grossly inflated,illegal appraisal provided by defendant APPRAISE-IT,and false,illegal income information,
from defendant MORTGAGEWISE,then provided financing to Plaintiff,taking interest,thereby illegally collecting money on an unlawful debt.
102.\tab Defendant Pinnacle Financial knew or should have known of the material misrepresentations and failed to stop the loan process and deny the loan application,proferred by MORTGAGEWISE.
103.\tab Defendants knew or should have known the numbers and calculations on the appraisal and loan application were false and his assertions that they were true were material misrepresentations.
104.\tab The defendant intended that Plaintiff act upon the false statements in the manner reasonably contemplated and collect 3 monthly mortgage payments through the U.S.mail of about $6,000.
105.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
106.\tab Plaintiff relied on defendants false statements and misrepresentations,therefore believing in the idea of buying a home by getting the loan from defendant.
107.\tab Plaintiff had the right to rely on the statements,as defendant was paid for the service.
108.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings put into the subject property and imminent foreclosure of said property.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation incurred by Plaintiff including fees,costs,expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin any third party from any terms of the contract against Plaintiff.
6.To award such further relief as the court deems just and equitable
COUNT 9 FRAUD
AGAINST COUNTRYWIDE HOME LOANS,
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-45 above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.Defendant Countrywide Home Loans Inc. at all times mentioned in this complaint was a business in Calabasas,Ca.
109.\tab Defendant Countrywide Home Loans,bought the bogus loan from defendant PINNACLE FINANCIAL,charged Plaintiff monthly,thereby illegally collecting money on an unlawful debt.
110.\tab Defendant Countrywide Home Loans,knew or should have known of the material misrepresentations on the loan proferred by defendant PINNACLE FINANCIAL CORP.
111.\tab The defendant intended that Plaintiff act upon the false MORTGAGE statements in the manner reasonably contemplated and collect 3 monthly payments through the U.S. mail of about $6,000.
112.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
113.\tab Plaintiff relied on defendants false statements and misrepresentations,and paid on the loan.
114.\tab Plaintiff had the right to rely on the statements,as defendant was paid for the service.
115.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages equal to the amount of losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation incurred by Plaintiff including fees,costs,expenses.
4.To enjoin any third party from any terms of the contract against Plaintiff.
5.To award such further relief as the court deems just and equitable
COUNT 10 FRAUD
AGAINST G.M.A.C.
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-45 above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.Defendant G.M.A.C. at all times mentioned in this complaint was a business in Waterloo,Iowa
116.\tab Defendant G.M.A.C. accepted the bogus loan then charged Plaintiff monthly on a fraudulent mortgage,thereby collecting money on an unlawful debt through the U.S.mail.
117.\tab Defendant G.M.A.C. knew or should have known of the material misrepresentations on the loan and the resulting invalidity of the contract/promissory note.
118.\tab The defendants intended that Plaintiff act upon the false statements in the manner reasonably contemplated and collect 15 monthly mortgage payments of about $33,000 by U.S. mail.
119.\tab Plaintiff was unaware of the falsity of the statements at the time they were made.
120.\tab Plaintiff relied on defendants false statements and misrepresentations,and paid on the loan.
121.\tab Plaintiff had the right to rely on the statements,as defendant was paid for the service.
122.\tab As a consequence of the defendants acts,the Plaintiff has suffered damages including,but not limited to, the complete loss of his savings put into the property and foreclosure of said property.
WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation incurred by Plaintiff including fees,costs,expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin any third party from any terms of the contract against Plaintiff.
6.To enjoin G.M.A.C. and Wells Fargo Bank from foreclosing the mortgage contract on the subject property with an injunction or restraining order.
7.To award such further relief as the court deems just and equitable
COUNT 11 CONSPIRACY
APPRAISE-IT,MORTGAGEWISE,PINNACLE FINANCIAL CORP.
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-45,87-108 above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.Defendants Appraise-It, Mortgagewise,were at all times mentioned in this complaint business in Lee Co.Fl.,Pinnacle Financial Corp.was at all times mentioned in this complaint was a business in Orlando,Fl.Gary Pruitt,Patrick Robinson were persons residing in Lee Co.Fl.
123.\tab Prior and up to the date of 10/11/05 defendants maliciously conspired together in the city of Ft.Myers,,Lee county,Florida with the intent to profit by inducing Plaintiff to procure a mortgage loan. Defendants engaged together in their respective capacities as appraisers,loan brokers, and bankers to finance a home built by United Homes.There was a meeting of the minds,intent upon a common goal,through the false appraisal and loan application.In furtherance of this conspiracy,defendants committed the following tortuous acts and profited from their respective actions;
\’c2\’b7\tab The appraisal was inflated and falsified and claimed to be valid.Appraise-It & Gary Pruitt proffered this fraud to Mortgagewise to aid and abet in procuring a bogus loan and profited unjustly.
\’c2\’b7\tab Mortgagewise & Patrick Robinson conspired with Appraise-It & Gary Pruitt ,and Pinnacle Financial Corp. by submitting material misrepresentations as truth and profited unjustly.
\’c2\’b7\tab Pinnacle Financial Corp.approved the false information on the appraisal and inflated income on a loan application,and profited unjustly.
124.\tab Defendants by and through their associations and agreement with one another;
125.\tab to do the unlawful acts of commiting fraud in their respective capacities;
126.\tab and the doing of these acts in furtherance and procuring a loan on false pretense;
127.\tab and the resulting damage to the Plaintiff, by and through the sale on the property from United Homes to Plaintiff,procured by the fraudulent material misrepresentations of defendants have all profited through said association and sales.
128.\tab As a direct and proximate result of the association between the defendants and the acts of the defendants by and through said association,the Plaintiff has suffered damages,including but not limited to the loss of all monies spent and the imminent foreclosure of said property.
129.\tab As a result of these wrongful acts committed by the defendants Plaintiff has spent his entire life savings in the amount of $75,000,and faces imminent foreclosure.
130.\tab In committing these acts defendant acted with malice towards Plaintiff,and Plaintiff is entitled to recover 3X $75,000 in exemplary damages in the amount of $225,000 or in such amount as will sufficiently punish defendants for their willful and malicious conduct and will serve as an example to prevent a repetition of such conduct in the future.
131.\tab WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation incurred by Plaintiff including fees,costs,expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin G.M.A.C. and Wells Fargo Bank from foreclosing the mortgage contract on the subject property with an injunction or restraining order.
6.To award such further relief as the court deems just and equitable
COUNT 12 CONSPIRACY
PINNACLE FINANCIAL CORP.,COUNTRYWIDE HOME LOANS,G.M.A.C.
Plaintiff Patrick Farrell,repeats and re-alleges his allegations contained in paragraphs 1-45;1012-122 above as if fully set forth herein.Plaintiff is and at all times mentioned in this complaint a man residing in Lee County Florida.Defendant Pinnacle Financial Corp.at all times mentioned in this complaint was a business in Orlando,Fl.Defendant Countrywide Home Loans Inc. at all times mentioned in this complaint was a business in Calabasas,Ca.Defendant G.M.A.C. at all times mentioned in this complaint was a business in Waterloo,Iowa.Defendant WELLS FARGO BANK at all times mentioned in this complaint was a business in San Francisco,Ca.
Defendants by and through their associations and agreement with one another;
132.\tab to do the unlawful acts of commiting,continuing and concealing fraud in their respective capacities,and collecting on an unlawful debt through the U.S. mail.
133.\tab and the doing of these acts in furtherance and confirming a loan on false pretense and continuing to charge Plaintiff monthly mortgage payments;
134.\tab and the resulting damage to the Plaintiff, by and through the sale on the property from United Homes to Plaintiff,procured by the fraudulent material misrepresentations of PREMIER MORTGAGE FIRST AMERICAN,BUSEY BANK,UNITED HOMES,APPRAISE-IT,MORTGAGEWISE,and the fraudulent procuring of monthly mortgage payments from Plaintiff,have all profited through said association and sales.
135.\tab As a direct and proximate result of the association between the defendants and the acts of the defendants by and through said association,the Plaintiff has suffered damages,including but not limited to the loss of all monies spent and the imminent foreclosure of said property.
136.\tab As a result of these wrongful acts committed by the defendants Plaintiff has spent his entire life savings in the amount of $75,000,and faces imminent foreclosure.
137.\tab In committing these acts defendant acted with malice towards Plaintiff,and Plaintiff is entitled to recover 3X $75,000 in exemplary damages in the amount of $225,000 or in such amount as will sufficiently punish defendants for their willful and malicious conduct and will serve as an example to prevent a repetition of such conduct in the future.
138.\tab WHEREFORE,Plaintiff demands judgement against defendants and prays;
1.To award damages against the defendants herein for a sum of money equal to the amount of damages and/or losses Plaintiff has sustained or will sustain.
2.To award pre-judgement interest on the amount of damages Plaintiff has sustained or will sustain.
3.To award all costs of litigation incurred by Plaintiff including fees,costs,expenses.
4.To order that the mortgage contract be rescinded,and for such further relief as necessary to place Plaintiff in a position as if the contract did not exist.
5.To enjoin any third party from any terms of the contract against Plaintiff.
6.To enjoin G.M.A.C. and Wells Fargo Bank from foreclosing the mortgage contract on the subject property with an injunction or restraining order.
7.To award such further relief as the court deems just and equitable
I HEREBY CERTIFY that the foregoing is a true and correct account of events that transpired,and have sent true and correct copies to current legal counsel for the defendants.
January 10,2008
__________________________________
without prejudice/UCC 1-207
Patrick Farrell/Plaintiff/in Propria Persona/
Sui Juris/Sovereign/Secured Party Creditor
UCC-1 Filing # 2007-356-2344-8 [12/22/07]
2904 NW14th Terrace
Cape Coral,Fl.33993
I am also a countrywide customer and I fell behind in my payments as well and requested a modification and have been tortured by this company ever since. I received my first set of papers to sign and have notarized and include a check for 1100.00 only to have the modification cancelled 3 days prior to my due date for the papers and after calling to complain they said it wasn’t cancelled my first payment would be december first at 3.00 less than it was prior to the modification.In december I tried to make a payment only to be told that they could not take my payment because they were reprossessing my modification due to cancellation , this went on until febuary at which time I was told I should have made my prior payments that now they would be considered late and go on my credit report at which time I promptly call the corporate office and spoke with the vice president of countrywide who settled things by rolling those payments into my suddenly processed modification and the payment went up even more. I was sent out a second set of papers to sign and notarize with no down payment , I sent those in and receive a phone call 4 days later stating they received my documents and I was all set to make my 1st payment on March 1st only to receive a letter 3days later stating they never recieved my documents and would be cancelling my loan if they werent sent in asap. I called the vice president again who reassured me everything was fine. I am now I think caught up with this loan and my heloc and hate this company to no end and I want out of this company badly and as soon as possible but I am afraid they have botched up my credit something horrible from other things they have done to me prior to this and also from this. Help!!
Im also very upset with countrywide insurance. My husband got laid off of work on October 2007 & I immediately called them to see if they can help us with a modification but I was denied, they said that their wasnt anything they could do. I used all our savings and withdrew money from my IRA account to pay our monthly mortgage. I call at least 2X a month to see if someone can help us. I just want to keep our home. PLEASE HELP US!
I also lost my house due to forclosuer. My payments were suppose to be modified so we could pay them, instead they jumped from 912.00 to 1129.00. In the meantime, while they were doing the modification, they told us not send a payment till we heard from them. We not only lost our home, but the land that my husbands father gave him and where he lived for 30 years. I hope there is a way someone can help us.
I to have almost lost my house. My daugter was in the hospital for a week in ICU. A year later my son got the same thing and was in the hospital for three days. We have fallen behind on payment. The have raised our payment by over $600.00. They have tried to forclose on my house several times. Everytime I have to sent more money. I have taken out over $10000.00 to try to keep my house. Now I am about to lose it again if I don’t send more money. Now our credit is so poor we will never be able to get a loan to get out of this. I can’t afford to lose my house. Can anyone help us.
I guess reading about what others are dealing with in regards to Countrywide doesn’t really give me much hope. I also am tring to deal with countrywide in regards to saving my home. I haven’t had an ounce of help. It’s incredible that with all that is going on with the housing industry, Countrywide isn’t willing to deal with their existing customer to help reduce the foreclosure situation that is going on today. You would think it would save them money to help with mortgages, other than just to say we are going to foreclose on your home. Wouldn’t it make sence to you for Countrywide to help lower the payment other than to take your home and NOT get the payment? Something needs to get done here and someone from COUNTRYWIDE needs to step up and take some control and help those who are willing to do what is right.
In the latter part of of 2007, I left a job that owed me 12,000.00 in back pay. I took a lower paying job. We had falling behind on our vehicle payments to try to keep our house which is finance with countrywide.Our Payment is $1400.00 a month We try to refinance to lower our payment but they weren’t willing to help us. We did a modification with them because we got behind a couple of payments. On December 16, I called Countrywide to tell them that we could not make the payment of $1735.00 and that we needed help. The person I talked to acted if he didn’t care. He asked me check to see if our church would help us or maybe my in-laws. I asked him would he lend me the money.I told him that we had to pay our taxes and insurance on the house and that was all the money we had. He told me that there was nothing he could do. I told him that they could have the house. He told me to hold on that he was going to talk with his supervisor. After about 5 minutes he came back on the phone and said that they would take what was owed and put on end of loan and drop our interest rate to help us. He said a a loan negotiator would be in contact with us in a couple of weeks. No one contacted us in December. I called in January to see when to make a payment. The person that I talked to told me that a negotiator had been assign to our loan and would be in contact with us. She told me not to send any money. I never heard anything in January. I called in February and was told the same thing that I was told in January. I told her that we were getting farther behind with our payments. She told me that they would work with us on this. I didn’t hear anything in February. I called in March and was basically told that the negotiator was still working on our loan. In April, my wife received a phone call from a person working for Countrywide threatening her that if we didn’t come up with 6 months of mortgage payments that our house would be foreclosed on. My wife called me while I was driving home from umpiring crying because of the threat. I called Countrywide and spoke with a women name Michelle and told her what my wife had encountered from anther representative from Countrywide. Michelle told me that what was told to my wife was incorrect. She said that we would only have to paid 3 months of payments. I told her we could send two months the next day and pay her the other at the end of the month. After getting off the phone, I told my wife that if we had to come up with all that money that we wouldn’t have any left to pay the rest of our bills. We called a non profit agency that took our information down and said that it would try to help us. Well that was a waste of time. We have call them and e-mailed them to respond to us. The person that is suppose to help us is always busy, meetings, and out of the office. We also received foreclosure papers on April 22. Come to find out the negotiator who was looking on our loan had closed it because she said that we didn’t update our information. We never received a phone call to update anything. We have another negotiator now who is supposely trying to help us. Every time we call, we get a different story concerning the status of our loan. We are going to have to pay late charges, lawyer fees for foreclosure papers and other fees that could have been avoided by them calling before it got this far. The sell date on our home is June 20 if we don’t get this worked out. Looks like Countrywide and their lawyers are trying to scam people like us who are on the brink of losing their home. We also have to pay their CEO 22 million dollars for all this mess that could have been avoided.