1 response

  1. Heather
    December 5, 2018

    Hello, My name is Heather Hardin and I would like to take this opportunity to thank you for your work and GENEROUS contributions in helping the ‘little guys’ like me arm ourselves for the fight. I have gleaned so much useful information from your YouTube channel, and your letter templates, too. It is a perilous world for an average citizen to navigate without any legal problems- add trying to follow the course of the court system and it’s treacherous, with all the legalese, the confusing forms, and rules-if you throw in some real estate law, bank bullying, then season all that with some fraud– a gal like me can easily find herself exhausted, worn out, and simmering in a big pot of burnt- consumer stew!!
    I am an Arkansas resident, so I realize that you are unable to represent me, however, I felt compelled to write you to express my gratitude for your lessons. I truly am thankful for what I have learned from your videos and from your website. I currently have an attorney helping me, and I have even urged him to watch a few of your videos! Of course, I nudged gently and respectfully, I was cautious not to imply any doubt in his ability and I do not doubt his ability at all but, as there are few (ZERO) consumer protection attorneys in my area, and little concrete information online, I think he and I BOTH are thankful for what I have learned from you so far.
    I have a real booger of a case involving an owner financed real estate purchase agreement that I entered in 2010. The owner sold/assigned it to First National Acceptance Company, a subsidiary of First National Bank of America out of Lansing MI. (ever heard of them?) Anyway, when she made the assignment, she misrepresented the principal amount owed. I had made a large additional principal payment to the owner three months after we entered the Purchase Agreement. I have receipts/ proof of payment- she is not a very honest person, and she was not organized, I am certain she didn’t keep records of my payments, because she always refused to give me an accounting statement.
    I called them (the Assignee) the day I received their packet notifying me of the assignment. I told them that the balances were off. I emailed copy of the cashiers check for the principal payment, and they didn’t recieve it yada yada, you know the script. So, I continued trying to resolve the principal balance discrepancy and the monthly amount was incorrect as well. I never got any resolution, rather demands to remit payment. Also, I never got notice from seller, she wouldn’t answer calls, and she moved. The bank sent a letter of acceleration, a letter offering a a deal for me to do a deed in lieu. They never told me about needing to send a written notice of error, or a written request for documents. When I did finally sent a letter about the balance discrepancy I received a letter stating that my request would not be answered and that they had sent my account to the legal dept.
    They filed a lis pendens, and a complaint to extinguish our contract. The complaint mis-states the terms of the contract, and they did not include the note in their complaint. They are asking for an ejectment based upon a default clause in the purchase agreement. However, without the note how do they prove I was ever in default? Now they have filed a motion for summary judgement. There is a dispute of facts, there is a dispute of law, as to whether or not they even own the contract, since it was assigned with false balances. They have been reporting it to the bureaus, and I have disputed. They changed one report and then later reported the account closed with an enormous amount owed. My credit score a month prior to their reporting was 720, currently it is a terrible 530!!! There are so many more things that are so wrong. I have all my paper work, and I have done a ton of research and reading yet, I cant seem to find specific rules, or regulations to refer to for my case. Would they be considered a debt collector? The company that filed the complaint is a different subsidiary of servicer, First National Bank of America, and it was assigned after it was considered to be in default.
    They are not considered a small servicer, and I believe that they have to follow federal guidelines-
    I’m confused about whether they are a National Bank or not- because in June, a lady that I had spoke with there claimed abruptly when I asked about a modification, that “they didn’t have to do a modification because they are a private bank” ? So, that remark has had me confused about what rules they actually do have to follow. I realize this is a tall order to even ask to be pointed in some direction, but ANY direction would be very appreciated, if you can’t please know that I understand and regardless, you are already very much appreciated. Thank you so much, Mr. Watts. Merry Christmas!

    Heather H.

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