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vacuum
29th May 2013, 09:11 AM
Wells Fargo Foreclosing on Florida Man Who Made Mortgage Payments Early
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Posted on May 26, 2013

https://www.truthdig.com/images/eartothegrounduploads/etiennesyldor300.jpg


Screenshot via WFTV


Etienne Syldor.



Did you know you could make your mortgage payments early and still be foreclosed on? That’s exactly what happened to a Florida man who says he not only made his loan payments ahead of time, but even paid more than was required each month, and is still being foreclosed on by Wells Fargo.
According to Orlando station WFTV (http://www.wftv.com/news/news/local/wells-fargo-bank-foreclosing-orlando-man-who-paid-/nXsMr/), Etienne Syldor was offered a loan modification by Wells Fargo last year. The bank told Syldor that as long as he made the payments during a four-month trial period, the modification would become permanent.
Still, despite court records that prove Syldor made his payments early, and even paid more than the amount he needed to, Wells Fargo stopped taking his payments and began the foreclosure process on his home.
The ridiculous reason Wells Fargo gave: because Syldor made his payments early, he didn’t follow the modification guidelines.

Wells Fargo representative Veronica Clemons said in a statement: “For some loans, completing trial payments is a significant step toward a permanent modification; however, in this instance, the loan was part of a mortgage-backed security and in a protected pool, with specific payment guidelines. We are working with Mr. Syldor to explain the guidelines and explore options that may help.”
WTF?!
Bank personnel should be bending over backward to help borrowers who go above and beyond to meet their mortgage payments each month. Instead, they’re “rewarding” him by trying to take his house away.
“When he came in and showed me all of the documents, it was just unbelievable,” LaMya Henry, Syldor’s attorney, told WFTV. “Who gets foreclosed on when they’ve made all payments on time?”
As Think Progress observed, this instance sadly fits into a broader pattern of past “shenanigans” by the big banks, some of which they were supposed to have ended as part of a multibillion dollar foreclosure settlement (http://www.reuters.com/article/2012/02/09/us-mortgage-settlement-idUSTRE81600F20120209) with the government last year.

Think Progress:
Banks have been accused of similar shenanigans in the past, as many have lost track of paperwork, illegally foreclosed on military members, and refused to work with borrowers who scrounge up money on modifications. Major banks have been widely reported to use a process known as “dual tracking” in which they work with a borrower on a modification while also pursuing foreclosure. Some instructed borrowers to stop making payments to help enter the modification process only to foreclose on them anyway.
But banks were ordered to end dual tracking and other abusive practices as part of the $25 billion fraud settlement. They dragged their feet on ending this practice as homeowners continued to face foreclosure. Banks were also ordered to modify mortgages as part of the settlement but some have been slow to dole out the relief.
Frustration about the weak agreement, coupled with the slow trickle of settlement money, sparked a protest at the Department of Justice on Monday, where activists and foreclosed homeowners marched and some were arrested.
Read more (http://thinkprogress.org/economy/2013/05/24/2061601/man-who-paid-his-mortgage-early-facing-foreclosure/)
Watch Syldor’s story below:
—Posted by Tracy Bloom (http://www.truthdig.com/tracy_bloom).

Cebu_4_2
29th May 2013, 09:27 AM
Banks foreclose because they are awarded at least twice. First they claim the entire amount of the original loan, even if you only owe one dollar. They get the government money and insurance money, not to mention all the money you paid in plus they get to sell the house. They will also put you into collections for the difference of what you owed and the original loan amount. They will also 1099 you at the end of the year so you can pay taxes as income on that amount that was forgiven.

Why the fuck would they want to work with anyone?

Fighting foreclosure is a rich mans game since the banks can and are legally changing the rules they are supposed to play by.

madfranks
29th May 2013, 09:36 AM
Wells Fargo representative Veronica Clemons said in a statement: “For some loans, completing trial payments is a significant step toward a permanent modification; however, in this instance, the loan was part of a mortgage-backed security and in a protected pool, with specific payment guidelines. We are working with Mr. Syldor to explain the guidelines and explore options that may help.”

I know it sounds dumb, but these terms are specifically laid out in the mortgage contract. When we got our mortgage, we specifically got one that had no penalties for paying early. This man was simply not following the terms of his contract. Doesn't mean I think it's right, but those are the terms he agreed to.

vacuum
29th May 2013, 09:58 AM
I know it sounds dumb, but these terms are specifically laid out in the mortgage contract. When we got our mortgage, we specifically got one that had no penalties for paying early. This man was simply not following the terms of his contract. Doesn't mean I think it's right, but those are the terms he agreed to.


According to Orlando station WFTV (http://www.wftv.com/news/news/local/wells-fargo-bank-foreclosing-orlando-man-who-paid-/nXsMr/), Etienne Syldor was offered a loan modification by Wells Fargo last year. The bank told Syldor that as long as he made the payments during a four-month trial period, the modification would become permanent.

Sounds to me like he got some random letter in the mail with a "modification" that took effect 4 months after it arrived in the mail by default?

mamboni
29th May 2013, 10:14 AM
I know it sounds dumb, but these terms are specifically laid out in the mortgage contract. When we got our mortgage, we specifically got one that had no penalties for paying early. This man was simply not following the terms of his contract. Doesn't mean I think it's right, but those are the terms he agreed to.

Palani? Is that you? LOL

Twisted Titan
29th May 2013, 10:28 AM
Banks foreclose because they are awarded at least twice. First they claim the entire amount of the original loan, even if you only owe one dollar. They get the government money and insurance money, not to mention all the money you paid in plus they get to sell the house. They will also put you into collections for the difference of what you owed and the original loan amount. They will also 1099 you at the end of the year so you can pay taxes as income on that amount that was forgiven.

Why the fuck would they want to work with anyone?

Fighting foreclosure is a rich mans game since the banks can and are legally changing the rules they are supposed to play by.

CORRECT you are my good sir.


I think i found a group of people that can look into MERS and find the original pool that my loan in.

If if thast possible I may be able to show that they already collected default insurace on my property and with them continuing to persue me is that balant insurance fraud

it is still a long shot but that is the angle I am trying to attack.


iF I CAN expose that.....the odds are decent they may drop their forclosure all together

sirgonzo420
29th May 2013, 10:33 AM
I know it sounds dumb, but these terms are specifically laid out in the mortgage contract. When we got our mortgage, we specifically got one that had no penalties for paying early. This man was simply not following the terms of his contract. Doesn't mean I think it's right, but those are the terms he agreed to.

The thing with contracts, is that there has to be a meeting of the minds for them to be valid and lawful.

Merely thinking that there is a meeting of the minds does not necessarily constitute a true meeting of the minds.

I would be more apt to "side with the bank" in this case, if they had, at signing, looked the guy in the eye and said "Now, you know you can't pay this off early or we won't get all the usurious interest that we were planning on bilking from you and you will lose the house, right?" and then if the guy answered in the affirmative, the banksters say to him, "Are you sure? Because honestly it's a really shitty deal from your end." if the guy still agreed to the terms, after they have been plainly laid out for him so that it is obvious that both parties know where they stand and how they fit into the agreement, *then* it could be said that there was a true meeting of the minds and that the "homeowner" lost, fair and square.

palani
29th May 2013, 10:35 AM
Get the original note and mortgage back and quietly endorse the back of each. Even if the bank has endorsed previously the last endorsement is the one that counts.

palani
29th May 2013, 10:38 AM
The thing with contracts, is that there has to be a meeting of the minds for them to be valid and lawful.

I always apply a $1 Fox stamp to my contract offers. Makes it hard for them to argue later that there was no consideration. Besides which the hologram makes it possible to validate an original document. (I love it when that happens).

Another ploy is to use security paper. This paper, when copied, emblazons a banner UNAUTHORIZED COPY across the face. Even if the document is recorded any copy that comes out of the recorders office whether certified or not will have this banner.