cgcontractor
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Posted: Fri Apr 03, 2009 4:08 pm Post subject: false note made up by a bank employee
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Hello,
This is such a long story that it appears unreal to everyone that I have spoken with, including 4 attorneys (at $250 per hour for each)....But, to make a very long story, (from 2004-2009) short, what happened was; My father had borrowed $60,000 from a "personal friend" who happens to work at a very well known bank, that holds my 1st and ONLY valid mtg. My father had pretty much paid off the entire loan amount in cash, which was a BIG mistake, but...She was a "personal friend" that we trusted.
After my father fell ill, (he was diagnosed with bronchitis, but had lung cancer and died 3 weeks later)...This "personal friend" that works at wanted some type of collateral for the remaining amount owed.... So, I said, "OK, you can LIEN my home". A few YEARS after my fathers death, she produced a false NOTE and FORECLOSURE Notice that she had faxed to my DEAD father, stating that she was taking my home per forclosure.
I NEVER signed ANY paperwork other than a LIEN on my home, making it a clouded title for collateral purposes ONLY ...AFTER my father had died, out of the blue this lady produces; A FALSE Note, Mtg, and Foreclosure notice, to which she now claims she "lost" all original papers that had my hand writing on them. She also stated to my attorn that she lifted my signature from my signature card from the bank that I bank at, the same bank that holds my 1st and only mtg. She used my signature card signaure, on the false Note and Forclosure docs...She also told my attorn that she had 2 witnesses that work with her at the same bank sign their names on the false docs, as if they were there witnessing the siging of the Note and Foreclosure notices....But, here is the real kicker...She ran down to the Clerk of the Court and added the word "MTG" next to the word "LIEN" and paid doc and taxes on the claim, so now it "appears" as if she has ownership, or a real 2ng mtg of my home! Three attns told me to file bankrupt to get her off of my back, to which I did, to which a judge granted in my favor at the 1st confirmation hearing, (that she gets nothing)...But, last week this same lady hired a new attorney and she is coming back at me again for my home...So, I have another bankruptcy Confirmation Hearing set for 4/28/2009 ...Can this lady do anything else to me, or take my home away from me after the 2nd confirmation hearing IF the judge changes his mind???
My question is: How can someone just take a persons home away from them? I have lived, paid for, and owned my home for over 10 years, AND my home is homesteaded, AND I am in bankruptcy, and have been making payments for 6 months under my bankruptcy plan. Can anyone just pick a home that they would like to own and take over ownership in this manner in the state of Florida???? If so, I would really like to have a home on the ocean.... I am just SICK, and I mean SICK, over this NON STOP issue of this lady trying to take my home. I am out of money, my health is effected at this point, (my blood pressure has been over 209 for the past 6 months, I am on medication that I cant afford... I have lost over 40 lbs, I cant sleep, I cry ALL OF THE TIME, I live in non stop fear 24/7 that I will be out on the streets, I wont answer the door, phone, or even talk to anyone because I am scared to death of this lady taking my home. My husband is sick of hearing me bxxxx of the unfairness and injustice that has been done to me for almost 6 years on a NON STOP basis.
My husband and I married on 10/7/2007, and I would LOVE to put him on the home, as I believe that all married couples should both hold ownership in their home.... but, will this lady be able to go after him also if I do so?....My husband also has Early Onset Alzheimer's and Hemocromotois to which he is on medication for, but the stress that this lady has/is placing upon us is not helping his health at all. Alzheimer's patients cannot be removed from the only home that they know, as they have a very hard time adjusting to new environments.
At the first confirmation hearing the bankruptcy judge sided with me, but this lady has now hired a new attorn and I must attend yet another Confirmation Hearing on 4/28/2009....Is it possible that the judge will change his mind and side with her this time? When will this nightmare end?....Meaning, when will I KNOW for a fact that she cannot come back at me again? I do not owe that much on my home, as I put down a lot of money and have been paying for over 10 years on it... I had 2 appraisals done this week, (3/30/2009) and both appraisals came in wayyyy under for what I owe on the home...If there is NO equity in the home, can she even attach her FALSE claims to take my home away from me, or force me to make payments to her for monies that I did not use?...She has also has added on an extra $30,000 in interest to what my late father owed, "just because she could" and those were her exact words to me....plus she is telling me that I must pay all of her attorn fees for the past 6 years???
I do NOT believe in suing people, but IF I can some how clear this nightmare up: A) Do I have grounds for a criminal suit? B) Can this lady take my home away from my family? And, C) ARE there ANY laws in the state of Florida that would protect me from evil people such as this lady??
Thank You
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