National City Mortgage - Juge ruled for me

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Update by user Apr 18, 2014

Final Judgment by the PBC Civil Court.

click the link to read the Courts ruling.

http://www.cherane.com/743fb5c0.jpg

Original review posted by user Apr 03, 2014

Judge said about PNC (NATIONAL CITY MORTGAGE) * GREENTREE " unclean hands you have come here" in Palm Beach County NJ Civil Court. This trial was March 27, 2014.

I have filed a Counter claim suit against National City/PNC/GREENTREE SERIVE in 2010 for breach of contract ETC. Justice does prevail. I will prevail this law suite as well..

below..IN THE CIRCUIT COURT OF THE 15111 JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUN1Y, FLORIDAGENERAL JURISDICTION DIVISIONCASE NO. 502010 CA012592X:XXX MB(AW)

GREEN TREE SERVICING LLC,vs.Plaintiff, CHERANE PEFLEY, et al

Defendants.---------------------- /COUNTERPLAINTIFF'S REPI.Y TO AFFIRMATIVE DEFENSES

Counterplaintiff. CHERANE PEFLEY, by and through her undersigned attorney, and files this Reply to the Affirmative Defenses of Counterdefendant GREEN TREE SERVICING, LLC, as follows:

l. Counterp1aintiff denies each and every defense pled and demands strict proof thereof.

2. Counterplaintiff further states that none of the defenses are pled with the certainty and particularity required by the rules of pleading and case law. Rule 1.120 Fla. Rule Civ. P.;Bliss v. Carmona, 418 So.2d 1017 (Fla 3rd DCA 1982) citing Chris CraftIndustries, Inc. v. Van Valkenherg, 267 So.2d 642 (Fla. 1972). Certainty is required when pleading defenses and claims alike. Zito v. Washington Federal Savings & Loan Association of Miami Beach, 318 So.2d 175 (Fla. 3rd DCA 1975).

etc..etc..etc...

  • PALM BEACH COUNTY CIVIL COURT
Company wrote 0 private or public responses to the review from Apr 03, 2014.

National City Mortgage Trying to Take Our Home for NO Reason

3 comments
Not resolved

Had mortgage with Nat. City since 2003 & never missed a payment.

Been in a Forbearance Agreement since Dec. 2008 over homeowners insurance dispute, NOT missed payments. Received letter on 10-02-09 that NCM are activating our loan for foreclosure even though we have NEVER missed a payment. We contacted them w/ a HOPE NOW counselor, they cannot give us a direct reason as to why they are trying to foreclose.

The reason they state is we were ONE DAY late with July 2009's payment. We have paid almost $16000.00 since last December 2008 and were due to be out of the forbearance agreement payments in a few months.

How can they get away with this? Need Help to fight them!!!

Company wrote 0 private or public responses to the review from Oct 29, 2009.

Comments

Anonymous
#271236

How is it going with your issue? We seem to be getting somewhere with the forensic audit that we had done through Endless Fraud Detection.

NCM (PNC) seems to not be in such a hurry like opposing counsel said they were to get this over with. Waiting on results of SEC audit to see who actually owns our note.

If PNC does not then they wrote it off on their capital gains taxes with out the right to do so. Hmm, wonder what the IRS would say about that!

nrsrchd
#113633

Now if you really want to fight these people who are trying to steal you homes, you need to prove they have committed fraud. How?

With a forensic audit of you papers. endlessfrauddetection.com can provide just that as well as the paperwork to file in court showing the fraud. The first being a letter asking for more information or a letter demanding the return of all money paid in because the note was fraudulent from day one and now void. They will be ask to divest them selves of all claims and the paperwork to file in court asks for quiet title.

The auditors are certified professionals and all paperwork is verified by a staff attorney or written by one depending on what part of the audit process the paper work comes from.

Once you have gone to the site and learned how we are being defrauded, contact steve@endlessfrauddetection.com and start taking these banksters to the cleaners instead of their $2,000 suits and take back America one home at a time. Once the banks commit fraud they owe YOU money not the other way around.

Anonymous
#86128

I had the same issue with them and lots a lot of money and my house......and they do lie about this. I would seek assistance from you state housing offices or conselors.

National City Mortgage

0 comments
Not resolved

In 2006, I was solicited to take out a home equity line for $185,000 by National City Mortgage. I used 95,000 to assist my family.

Since then the property value of my condo has significantly declined. I have made numerous attempts to discuss this with National City officers. They offered me no help. This is a travesty!

I don't want to default on my obligation to pay the money back, but I would like a SINCERE person to contact me from the bank with some reasonable options.

I'm so upset that I am considering foreclosure. Let the bank deal with it.

Monetary Loss: $95.

Company wrote 0 private or public responses to the review from Apr 25, 2009.

National City Mortgage - I have been getting the runaround for over a year.

2 comments
Not resolved

National City Mortgage has this so called counseling dept. and they send you a financial form and a very nice brochure. All This gives you a sense of hope. Unfortunately, it is just a scam.

I have been trying to get some sort of workout to keep my home as it is in an upside down loan. I was served foreclosure papers in July. I hired professional mitigators to deal with things as I can't get anywhere.

Everyone tells me the banks don't want your home, but National City seems *** bent on taking it. They want me to pay the original mortgage or nothing at all. They keep citing deficit of income. They have not let me pay anything in over a year. I lost my job of 21 years and needed an adjustment. I am about ready to just give the home back. This is one dishonest institution. Plus they lose my paperwork and claim I never sent it.

I put $42,000 down on this place and don't want to lose it. I am at my wit's end. My credit is bad now, but now I am employed (2 years) but I just don't make what I used to. I even filed a claim with the OCC and they believed NCM regarding the lost paperwork. It's horrible and frustrating. I would totally like to sever ties with this bank.

I recommend to anyone to never finance with them. They are not out to help the homeowner and are dishonest.

Company wrote 0 private or public responses to the review from Oct 19, 2008.

Comments

Anonymous
#86130

PNC now ownns Nat. City.

It may be better to contact them as well.

Do you have written proof of lying

Anonymous
#67635

I've been working w/National City Mortgage to modify my home loan since Feb 2009. The problem is that they have not been working w/me.

They have "lost" faxes, they have erroneously closed my packet, they don't know why my packet hasn't been worked, then they say I don't qualify for assistance due to the fact that their "investors" aren't obligated to offer assistance, when I've asked for the "investors" contact information they can't give it out, etc. It's been one dead end effort after another. They have not modified one single loan since rec'ing tax payer funds to do so. NCM's practices are fraudulent at the least and probably criminal if investigated.

The worst part, we actually qualify for a loan modification. We didn't get our loan on stated income. We followed the rules. Oh and our house which was appraised by Liberty Mutual at $440K (Nov 2006) is now appraised at $270K.

Interesting how a 2/2 house w/non-code electrical wiring and non-working appliances can be appraised as a 3/2 w/no code violations. Sounds fraudulent to me.

National City Mortgage RIPOFF

1 comment
Not resolved

I often "pay forward" on the mortgage, making two payments at once so I can skip the next month. There is no financial advantage to this, I just hate paying bills!

In September, I sent in 2 payment coupons (for September and October). Unfortunately, my math was wrong and I underpayed the second month by $200. Now it turns out that National City did not even apply the $900+ toward the October payment because they "don't take partial payments." Nor did they send the money back to me... it is just in limbo.

It should have been applied regardless of whether it was the full amount or not. National City has had the use of my money for all this time, without even applying it to my loan.

RIP-OFF.

Company wrote 0 private or public responses to the review from Oct 11, 2008.

Comments

Anonymous
#43034

We have faxed our tax and homeowners paperwork to National City, and they have been late BOTH times paying them from our Escrow Account. Is anyone else having this problem?

National City Mortgage - Crooke *** artists

4 comments
Not resolved

I am trying to find other people being ripped off by National City Mortgage. My husband and I have been getting jerked around for the past year.

The jest of our story is that we got one payment behind due to a medical issue with our daughter. Since they couldn't accept any other than the FULL amt due, we had to wait four months, making no payments, for them to twiddle their thumbs and come up with a "repayment plan."

One payment, by the time they came up with the numbers, was almost five months. We had contacted the veterans affairs office EARLY in the process - because my husband is one of probably thousands of veterans to be victimized by National City - and they had laid out a plan and were waiting for confirmation it had been received by the lender.

Being the dysfunctional bunch of pee brains they are, the lender started the process over. Long story short, we've been on two "forebearance" plans and paid our mortgage monthly for the past year but no payments are showing as payments since we now have to pay a $3,000 attorney fee that the V.A. confirmed with national city that we would NOT have to pay.

Last month, the renewal for yet another forbearance plan said send $1060 to an attorney by August 15. We did. They got it at 9am. We even paid $10 extra to UPS to send the check by morning of Aug15 instead of early afternoon. Didn't want to take any chances.

Since the attorney didn't send the payment until the 21st, (they don't know when they got it, gee golly!) and even tho we have a UPS receipt, they're starting a new game of "lets-***-the-customer" and now they say we might face foreclosure unless the VA intervenes and someone validates the fact we kept the agreement they laid out. WTF??

Its been a nightmare. Because of ONE payment, we're now in a big mess, likely with our credit trashed because of their bad record keeping and the constant changes in agreements made... we're just along for the ride but we're VERY close to telling them to shove this house where the sun doesn't shine.

All we want is to make our payment and it seems like that's impossible.

We're close to seeing a payment increase with the adjustable rate we got offered so I would imagine that's the next big surprise - doubling of our payment.

We very much want to get away from National City and would like a fixed rate but they've trashed our credit by taking us through this process-someone-to-death cat and mouse game. One payment behind and now our credit reflects 7 months delinquint. WHy? Because payments made in "foreberance" don't post to the account. It gets put in a holding account.

The system is set up to prevent people from keeping their houses and no one cares enough to stop them. If anyone else is having similar issues, email me at dob522 @ charter . net

Company wrote 0 private or public responses to the review from Sep 12, 2008.

Comments

Anonymous
#537989

I to am having problems with NCM. I dont want to discuss too in depth on here.

But they are very shady and crooked! my email is carmel_treat@yahoo.com

Anonymous
#505897

i hate National City they took my home 6 years ago after all the run around and lies that they made up telling that they did not receive all my paper work and they would not take partial payments and when u ask for a hardship they make your payment higher after all the fees I hope that they rot in hello

Anonymous
#82563

I recently had to short sell my house. I built it myself with a loan from NCM.

Because of politics and a wild fire in the area I was 2 months late in finishing it.

After almost 2 months of no contact with them they decided that they would not honor the 5 year arm I contracted with them ( because I was late in finishing the house) They would only give me a 2 year ballon loan on a house that lost 30-40% of the loan value no one would touch me on a refi. I tried to work something out with them ( Considering PNC Bank bought NCM for 10 cents on the dollar approx.) my house was worth only 100k or so to them, do you think they would do anything to help ( NO )

Let's all get this straight - they have no ambition to help you, they want to make bank - every house they short sell or forclose on - they still make lots of money on - the tax payers funded the takeover of NCM by PNC - the still made 400k cash and got to write off the differance on their taxes - I lost every penny and a year building it (sweat equity)

Anonymous
#43035

We have faxed our Property Tax statements to them as well as our Home Owners Insurance statement so they can be paid from our Escrow. BOTH times they were late paying them , and we received notices, the last one being today, 10/17 For our Homeowners Insurance.

We faxed the Info to them a month and a half ago, and I received a statement from my Homeowners insurance stating it was not paid.

I called them and they told me they received the payment today, 10/17 This is a joke. If I sent my mortgage payment to them a month and a half late, what do you think they would do?

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National City Mortgage - National City account terminated

1 comment
Not resolved

I just recieved a letter from National City Equity Line of Credit informing me of account termination for a late payment. This payment was 7 days late due to juggling payments after a vacation and pay periods since.

Counting this late payment I have been late 3 times in 5 years, the outstanding balance of our mortgage and LOC is approximately 60 % of the home's alue, and our credit score is outstanding per the three reporting agencies. Yes I was late but even they admit recieving the payment. Their advice was to seek another lending institution. I will fight any adverse notations on my credit score, you are willing to join me if you've been disrespected by Nation City as well.

Contact this site.

Company wrote 0 private or public responses to the review from Aug 25, 2008.

Comments

Anonymous
#95792

This is not about respect its about a contractual aggrement. Does anywhere in your contract statet that they can do this after one late payment? I doubt it.

National City Mortgage and Laughter.....

Pulaski, Tennessee
0 comments
Not resolved

I was going through a divorce and got awarded the house with a refinance and a payout to my ex-husband. When I approached National City Mortgage about refinancing in my name alone...the guy on the phone, and this is really unbelievable, flat out started laughing on the phone. He didn't even get my information from me to see if I qualified, which I did.

Needless to say, I did not need that reaction at that time. It was hard enough to try to make everything work, without this person's reaction.

I took my mortgage elsewhere and qualified and no one laughed at me either. I would suggest to anyone else to look elsewhere for a mortgage.

Company wrote 0 private or public responses to the review from Aug 18, 2008.

National City Mortgage - Beware

0 comments

Warning: Do not get a mortgage through National City Mortgage.

We have been long time customers with a perfect

record of making payments on time. Due to a death in the family we got behind slightly on our mortgage payments. They refused to accept any payments from us forcing us to become more past due and into foreclosure. I could not believe this was legal. I checked with the state and federal

consumer protection agencies and apparently there are no laws to protect homeowners against this practice. I had never heard of such a thing, I was always told that banks do not want to foreclose and will work with you. Not this bank. I asked for this policy in writing and was told that I agreed to this when taking a mortgage on our home. I went through all the paperwork, no such policy in writing.

Company wrote 0 public responses to the review from Aug 14, 2008.

National City Mortgage - Nat City's Run Around

0 comments
Not resolved

Like many others I just got "the letter". after 3 years as a client with an impeccable record and rather than work with me, National City has decided to freeze my account.

I do not dispute that my home has lost value. We all have lost values on our homes. But I have paid off my LOC two times and actually have a credit because I overpaid. My wife and I have credit scores over 800.

it makes NO sense that they would just freeze me out. And their reasoning is just plain wrong and unfair. PLUS they told me that I could pay them $350 to have my home appraised by them. Are you kidding me?

How unethical can you get? They tell me my house has lost its value, then they say for more money they will tell me the same thing!

Shame on you National City!

Company wrote 0 private or public responses to the review from May 06, 2008.

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