Ms. Marilyn you are correct; there is much corruption in this case and it’s on the part of the Mortgage Server (MS) attorneys, and the “bailed out” MS should be held accountable for allowing these attorneys to turn a $465 dollar mistake on a $50,000 dollar property into a $500,000.00 (1/2 million dollar legal bill! Notice that none of the writers dispute the facts of the case, AND all unanimously states, the Dowds should gain settlement; meaning they ALL agree; this is a wrongful foreclosure and there are damages!

The settlement that Jeff describes would have been ideal… we are business people who just want to get our lives back, we know how to cut our losses and move on, business people would not put themselves through this, like Jeff said…but after the Attorney’s took over from the MS representatives we never heard of a settlement.
Wow, to have “negotiated fair settlement obtained on the Dowd’s behalf…” Jeff’s comments, reminded me how he use to say, “they are holding your credit rating hostage, like ransom”. Jeff said he believed they were using our credit as their “negotiating tool” to make us drop the case!
Jeff’s objective investigation verifies, for the readers, that the MS did report “DEROGATORY credit information…to the credit bureaus” It’s amazing how MS can get away with this…actually holding, “the ability to change their wrongly-reported credit information… over your head,” until you submit…AND they KNOW they had reported false information! This has to be an abuse of power! This can happen to anyone, by a large or small business!
The more our nation considers our credit in our everyday life… for insurance, jobs, homeownership, veteran benefits, .the list keeps growing…the more serious this is.!!! For any company to refuse to correct “derogatory credit information”…think about it…Jeff makes a good point.

Unfortunately, the Dowds are not in control of settling this matter; the MS allowed their Attorneys to handle this matter, “unchecked”, and these Attorneys WON’T settle…they are “milking” this MS, and the “government bailed-out” MS officials obviously doesn’t care, herein, lays the corruption! And these Attorneys will not let us out of the situation either!

After 6-years of suffering from the MS’s acknowledged error, we, the Dowds have tried to file bankruptcy…we never dreamed we would be in bankruptcy, but our credit is destroyed so, having bankruptcy on our record can’t hurt us, now…but somehow the MS’s Attorneys have managed to drag this bankruptcy matter out too! It has been 6-months so far just trying to get the initial paperwork started; they dragged out month-by-month…people familiar with bankruptcy say this is unheard of…it’s corruption!

We were told that bankruptcy is a Federal matter and is handled by Federal courts, but somehow the MS’s Attorneys have managed to have this bankruptcy matter handled at the District Court level, to their financial advantage; sounds like corruption!

Ms. Marilyn, here are the facts stated generically, to let your readers be the judge:

“During 2004, a Mortgage Lender made a Customer, (a Retired 40yr-military-couple turned investor) with 750-credit score, TWO-$50 thousand dollar mortgage loans, in March and May. Upon closing, each was assigned to the same MS, (two-months apart). (There is Proof)

Inadvertently, the MS co-mingled the two files and made several posting errors to both accounts, particularly within the insurance department. (There is Proof)

After a year of phone calls, faxes, letters, statements written on payment check, etc… the MS realized/acknowledged a $465 dollar insurance error on their part…(they also realized that a year of ignoring the Customer’s explanations, had resulted in the filing of 10-months of negative credit reports, which caused obvious damage to Customer’s credit rating.) (There is Proof)

Instead of repairing the damage, by correcting credit reports…the MS spent yet another year, entire 2005, attempting to cover up the first error, (verified in Deposition given by MS representative, “at the tail end”), daily harassing the Customer (verified by supeoned phone records, 7-days per week from 0600-2300hrs.) and continuing negative credit reporting (Oct 04-Mar 06). (There is Proof) In the mean time, because of fraudulent credit reporting Customer had to cancel several other business investment opportunities, waiting, in hopes that the MS would clear up the matter, as verified by Jeff’s comments.

After the 2-years of backtracking, and trying to cover up errors didn’t work, the MS decided to wrongfully foreclose against the Customer’s property, in 2006. Helpless Customer cries and prays. Then, some regular citizens who have a vision to help victims of wrongful-foreclosures found the Customer’s case in the public court records, and contacted the Customer. They listened to the situation and offered to help by getting caring attorneys involved.

These regular citizens said that they could only help one-percent (1%) of foreclosure cases because usually there are gray areas; they scrutinized every aspect of this matter, forensically proving this case has no gray areas, it was pretty simple: MS had co-mingled the files…so, on one property MS said Customer didn’t have insurance, they force-placed it and increased the payments, and when MS realized Customer really DID have insurance already…to cover caused damages…Accounting Customer tried to force-place ANOTHER kind of insurance that Customer did not need… and again, they increased the payments. Customer continued to make all the regular payments on time. But, MS filed for foreclosure even though several official records proved that Customer did not need the “extra” insurance. MS’s error and fraudulent credit reporting destroyed Customer’s business and robbed Customer of life-long earned benefits. (Boxes of legal documents as proof)

FYI: At the onset of this wrongful foreclosure, these “regular citizens” had personal hopes that ranged from “wanting to see justice served… to launching new careers” all resulting from their efforts to help the Customer (using this “for sure” case); who was a victim of this “wrong practice”. Instead, they have endured much abuse, slander, threats, backbiting and criminal activity against them…. these “regular citizens” have not profited in any manner, in fact, some have suffered loss. Only the “bailed-out” MS’s Attorneys have benefited from this situation. (Re: the comments)

In 2007, in the presence of Attorneys for both sides, within the first 15-minutes, Mediation confirmed the MS’s mistake and the Customer’s efforts to inform the MS of the error. So, the “flown-in” MS’s Representatives wanted to resolve the matter quickly and continue the business relationship…the MS and Customer immediately established amicable email-contracts to decide the matter. (There is email proof)

Days after Mediation, corruption enters… the MS’s Attorneys tell the MS’s Representatives they must stop all contact with the Customer; and by using the “slow-process of the court system”, the MS’s Attorneys have managed to drag this simple (resolved) case out for 4 more years, 2010. Corruption!!

During the 4-years of legal battles, the Customer repeatedly re-proves that the MS was wrong… on every front (at Mediation, to the District Judge, at Arbitration). The Customer paid for several depositions, and the “regular citizens” collected letters from County, City, State and National officials. (There is proof)
Since MS’s attorneys’ could not prove this case on facts, therefore, their final concluding written statement states essentially…“When all else fail, we can do what we want to do”… (Public record.) Jeff verifies this by reciting it in his comments…the Dowds CANNOT understand how MS can get away with this! Again, this can happen to anyone!
At the time of this writing, the MS and their unscrupulous Attorneys have won; they have proven that money, influence and intimidation WILL allow you to get away with making detrimental mistakes and dealing falsely with Customers. (Case in point)

Mayilyn, why don’t you put your money where your mouth is and bail the Dowd’s out. If you think they got such a raw deal, why not have your foundation write a check and pay off the Dowd’s mortgage?

Had Mrs. Dowd had faith in her investment business, she could have taken the settlement and moved on and continued to purchase other investment properties and forget about getting rich in litigation.

The Dowd’s foreclosure is not on their personnel residence, but is on an investment rental property of which they own others. Their personnel residence is not at risk.

The Dowd’s and their certified fraud examiner cannot seem to understand that what underlies this entire foreclosure is a note and mortgage which clearly spells out the responsibilities of each party. The foreclosure was the result of the mortgage servicer doing exactly what they were allowed to pursuant to the note and the law. The Dowd’s cannot seem to understand this.

I do feel sorry for the Dowd’s. Not because they lost a piece of investment property, but because of their weakness in human nature that led them to be so gullable to the fraudulant advice they were receiving from those with the least amount of knowledge. The Dowd’s were scammed by their own expert and associates.