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Plaintiff, Keith Cabaniss, is an individual who resides in, and previously owned and occupied real property located in Gilpin County, Colorado. Cabaniss purchased the land on which the Home resides in November, 2003 built the home from July 2004 through January 2007 and completed its interior and first occupied the Home in January 2007. On information and belief, Nationstar did not own the Note or hold the corresponding Deed of eagle loan company of ohio Trust when it filed the Foreclosure. On information and belief, Nationstar acted only as the servicer of the Note, i. From January 2008, when Nationstar filed the Foreclosure, through mid-February 2010, Nationstar consistently and repeatedly postponed the sale date in the Foreclosure action. HAMP requires that applicants complete a three month trial period by making the payments that would be required under a proposed modified loan terms. In September of 2009, Cabaniss called Nationstar to ensure that it had received his August, September, and October HAMP payments. By timely making his August, September, and October payments to Nationstar, Cabaniss successfully completed the HAMP trial period. Nationstar consistently told Cabaniss that his new, modified, HAMP eagle loan company of ohio loan documents were in progress. The communications between Cabaniss and Nationstar, include, but are not limited to the following communications: a. Cabaniss called Nationstar on December 10, 2009, and informed it that he had not yet received any new, modified, HAMP loan documents. Nationstar informed Cabaniss that it was still working to prepare new loan documents, could eagle loan company of ohio take another month. Cabaniss called Nationstar again on January 26, 2010.

He informed Nationstar that he still had not received the new, new, modified HAMP loan documents. At the time Nationstar made the statements in the immediately preceding paragraphs (a) and (b) to Cabaniss, Nationstar knew that these statements were false. February 26, 2010, was the last date on which Nationstar could schedule the Foreclose Sale without having to file a new action to request a Public Trustee Sale of the Home. At the time of the Foreclosure Sale, Cabaniss had no notice that Nationstar intended to continue with the Foreclosure. Prior to the Foreclosure Sale, Nationstar provided no notice to Cabaniss that Nationstar eagle loan company of ohio had set the Foreclosure Sale, or that Nationstar otherwise intended to proceed with the Foreclosure.

If Cabaniss had had notice of the Foreclosure Sale, he would have been able to exercise legal rights, filing small loans online a chapter 13 bankruptcy petition, which would have allowed Cabaniss to prevent the Foreclosure Sale and keep the Home by restructuring his debts and becoming current on the restructured Note over time. After Cabaniss learned of the Foreclosure sale, he again called Nationstar. On March 9, 2010, Cabaniss spoke with Thomas Brown of Nationstar. Brown to have Nationstar personal loans bad credit no credit check rescind the Foreclosure Sale because Nationstar had (a) failed to provide Cabaniss with any notice that it was proceeding with the Foreclosure Sale and (b) had eagle loan company of ohio made multiple misrepresentations to Cabaniss regarding the status of his HAMP modification and of his Note to Nationstar. Despite his concurrence with the facts as Cabaniss presented them, Brown and Nationstar refused to rescind the Foreclosure Sale. In response to further questions from Cabaniss, Brown would not reveal what transpired, refused to rescind the Foreclosure Sale, stated that he was going to terminate the telephone call, and then hung up. On May 17th, Cabaniss held a conference call with Geraldo Hernandez of Nationstar and Jeff Plaine of Money Management (a HUD-certified loan counselor). Nationstar did not notify Cabaniss of the Foreclosure Sale date or that Nationstar was proceeding with the Foreclosure Sale. As part of the Note, Nationstar had an obligation to deal fairly and in good faith eagle loan company of ohio with Cabaniss in its efforts to enforce the Note. At saturday payday loans the time that Nationstar made the representations details in paragraph 60 above, Nationstar knew or should have known that these representations were false. Nationstar made the representations detailed in paragraph 60 above with intent that Cabaniss rely on these representations. FOR THESE REASONS, the Court should vacate the Foreclosure Sale, restore title to the Home to Cabaniss as title existed prior to the Foreclosure Sale, award Cabaniss economic and punitive damages, award Cabaniss all costs and attorney fees incurred in this action, and award Cabaniss all such further relief that the Court deems as is just, proper or appropriate. Yes, by suing and even then, I think that most mortgage investors have their losses hedged.
They knew the game and played the market to a t on most all home loans. The only one getting screwed in this debacle are homeowners and lower level investors by the millions.

The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your payday loans with no upfront fees attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and payday loans no teletrack check may not reflect the opinions of the firm or any individual attorney. Since 2007, the LoanSafe forums have helped millions of homeowners over no teletrack direct lenders the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. Who is responsible for completing the 1007 rental schedule that goes with an appraisal? On the HUD 1 Final, it shows a fee for the appraisal, and then a separate fee for the rental comp 1007 form being same day loan no credit check paid to the broker himself. The Single Family Comparable Rent Schedule Form 1007 is intended to provide an appraiser with a familiar format to estimate the market rent of a property. Sometimes it is ordered as a separate item by the lender. I would think that the appraiser must do this, or at least a 3rd party real estate broker. The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to direct payday loan lenders no third party any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions unsecured bad credit installment loans of the firm or any individual attorney.

Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.


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