SCAMMED

[ckilgor]

Here is my letter I sent to the CFPB today:

On January 1, 2020, Bank of America erroneously sold a loan to Selene Financial, which included incorrect payment details and balance information. Consequently, I was double-billed. This issue had been raised multiple times in 2019. Despite being current on my mortgage, I requested a COVID-19 deferment due to a reduction in income, yet the payment errors were not rectified as promised. After two deferment terms, Selene Financial acquired the loan and mistakenly assumed the non-payments were arrears, believing I had been delinquent since February 1, 2019. I anticipated discussing a new payment plan but never received the required phone call as per my contract. Selene reported me to credit bureaus as over 180 days in arrears and demanded payment of these alleged arrearages.

I contacted Selene to inform them of the incorrect payments, which had persisted since 2019 with Bank of America. Despite numerous assurances of resolution, the issue remained unaddressed from February 1, 2020, to the present. I emphasized the need for correction to begin making accurate payments, as I was unaware of the correct amount due and the actual balance. I was concerned about the potential for loan default and the loss of everything I had invested in the property.

In 2023, I retained attorney Nathan Cace to prevent a wrongful foreclosure on my homestead, resulting in the issuance of a Temporary Restraining Order (TRO). I applied for TDHCA COVID relief funds and was offered a modification. Feeling compelled by the deadline, I signed the modification, despite receiving the funds and pre-approval shortly thereafter. However, I lost these funds due to Selene’s lack of response. I continued to request corrections to payments, balances, and arrears, and was promised by Selene’s attorneys that this information would be provided with another modification offer. However, this offer was unreasonable, doubling my payments from $2,500 to approximately $5,000 per month at a 14% interest rate. Despite my efforts to rectify the loan, Selene eventually refused to address my inquiries regarding the incorrect payments, balance, and fees. Once again, I signed under duress due to the imposed time constraints to preserve my equity. They subsequently issued a Summary Judgment based on unjustified claims against me.

In January, I sent a formal letter to Selene, which they acknowledged in February, stating they would respond. In March, they requested additional time but failed to contact me. I called to get information in my file regarding escrows and other mortgage documents, and also contacted Bank of America seeking the same as well as phone call logs and neither could nor have they ever given me this information when requested. Instead, I received another foreclosure suit against my home. My attorney sought a new TRO, but opposing counsel argued that I was over seven years in arrears and unable to catch up or afford payments, citing my lack of payments. I had filed another modification application shortly before, and no income documentation had been required previously, leaving my financial capacity unknown. Despite my attorney’s arguments that the judge’s decision was prejudicial, Selene was awarded the foreclosure the following day, July 2. I was informed hours before the sale and filed Chapter 7 Bankruptcy at 8 a.m. to prevent the foreclosure of my home, which had over $300,000 in equity and was valued at approximately $650,000. Selene stood to gain nearly $1 million, leaving me homeless and financially destitute.

Today, I continue to face the threat of foreclosure, which has severe mental and physical repercussions due to the stress of losing my sole asset, which I diligently acquired independently. My children and grandchild rarely visit, fearing they will not have a home for holidays, and my daughter, who needs to live with me full-time, has been homeless at times, uncertain of her future. The original loan amount after the deferment period should have been $340,195.20, with payments of $2,565 and the option for my escrows of approximately $35,000 to be a balloon payment, likely forgiven or divided over the loan’s 480-month term. The payment Selene was charging was precisely the sum of two of my insurance payments, an oversight indicative of the robo-signing practices associated with Bank of America.

Due to the gross negligence, I seek justice to the fullest extent of the law. Damages are claimed at $682,000 to over $1,391,000 for those who violated my rights, including:

• RESPA 2605, 12 CFR 1024.17 & e-f Reg X
• TILA 15 U.S.C. 1601 REG Z
• FCRA 15 U.S.C. 1681 S-2
• FDCPA 15 U.S.C. 1692
• DODD-FRANK
• TX UDAP, TX FINANCE CODE CH 158 & 343, TX SERVICING RULES TITLE 7 TAC CH 58
• BREACH OF CONTRACT/COMMON LAW CLAIMS

Thank you

Note: I am aware the amounts seem high that I am requesting, and I am aware I have made no payments since the transfer due to not ever knowing what my payments really were. I was “waiting for them, ” when Selene said they “would fix it.” So please realize I have been waiting over 3 1/2 yrs repeatedly asking them what to pay. At first it seemed like a lot of money I was requesting and made me look like a gold digger, but then I realized Selene stood to make that amount off me so it would make sense that my amount to mend this would be similar at this price point. I no longer felt any guilt. They ruined my credit the last few years, and the forced BK will ruin it the next seven. This has kept me from getting another job in finance industry because of the shame, higher rates, less buying power, loss of an apartment, and unable to help my young adult daughters financially after the passing of their Dad and all because of this incident. I need help desperately, and fast. I am scared. Their attorneys are on staff and do this for a living every day. I am in this over my head and cannot afford an attorney who can compete. I have been up researching law almost 3 days straight. This is exactly what they mean by pain and suffering. I am mad. I worked hard for my home, and it is mine. The gross negligence makes me wonder if this is a scam and not just Selene and BoA but among all the higher ups who run these companies. Even perhaps paying off other smaller attorneys, judges, even the CFPB. I have not seen one individual win on their own in Texas and if they do the full amounts allowed by law are not awarded. You see, I knew if they messed up I would get my loan for free according to RESPA/TILA/Dodd-Frank and even though I made attempts trying to pay them, I am being punished for not doing so. Who in their right mind would? They almost took and still might take almost $1M from me, and if I paid it would be more because they are saying I am late and that was not going to change if I made my original payment. But I am looked at as if I got a free ride?? Then I want off. Especially when I am being forced to play this poker game in regards to my livelihood, and having to show all my cards to a court system that has ruled against me already twice only because of my financial inability and lack of understanding for anyone who is not an attorney or judge. How is that fair to anyone who does not have money. I mean maybe I would have it if they had picked up somebody else’s file and robo-signed it. I wish it was theirs. Something just does not add up….

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