In May of 2008 I received a notice of eviction and a three-day notice to quit. There was no court information, it was just a three-day notice. After the three-day notice to quit I received a summons and complaint. A summons and complaint are a set of legal paperwork used to start a lawsuit in some countries. In general, the summons serves to notify the defendant that he or she is being sued in a particular court. The complaint usually details any claims that a plaintiff is making against a defendant as well as the type of judgment being sought.
At this point in time, I did what any reasonable person would do in this situation when it pertains to their family home, I DID NOT OBEY THE THREE-DAY NOTICE! I had pre-paid legal, so I called them assuming they would take my suit on, to let them know I had been illegally foreclosed upon, and to see if they could help me so I did not lose my home. I was then told that under this new protocol that I would receive another three-day notice, but I was stating it was a wrongful foreclosure, if you do that you are not going to want to move forward. In the alternative I was explained to just take the three-day notice and put it away, which would force them to do a summons and complaint on me to take me to unlawful detainer court. In hindsight I now know that this was all a PLOY AND PART OF THEIR PLAN TO STRING ME ALONG, THEN STEAL MY HOME THROUGH A WRONGFUL FORECLOSURE.
I fought this unlawful detainer order to move out of my home. In California a WRIT OF POSSESSION is issued after a landlord wins an eviction case in court. This order allows a person or group to take possession of real property by forcing the person or group currently in possession of the property out. I went to court on this, and THEY VACATED THE UNLAWFUL DETAINER HEARING. An unlawful detainer hearing is a summary proceeding to determine the right of possession of real property. It was vacated because the LENDER HAD CALLED IN AND SAID THEY/RE DISSMISSING THE CASE. To me this meant, I was not facing eviction anymore, WHICH MADE ME RELIEVED. THIS WAS SHORT LIVED THOUGH.
At the end of 2008 I received a welcome letter from SELECT PORTFOLIO SERVICES. They stated that they were now my NEW SERVICER AND THEY GAVE ME A NEW LOAN NUMBER AND TOLD ME I HAD TO MAKE A PAYMENT OF 2,600 ON October 1ST. Between the first time I applied for a REFI in 2005 up until this point in September/ October 2008 I hired an attorney to help me. The first attorney I hired was Rose Moll. She represented me from May 2008 until June of 2009. When I received this letter from SPS. Rose gave me advice, but we were both confused about the letter from SPS. Rose informed me that when it went to an unlawful detainer, then they vacated the hearing, and then receiving this letter, that they realized that they made a mistake on me for foreclosing, and they were reinstating the loan. She then informed me to make this payment. WHICH I DID.
Rose then told me to call and verify that the letter was actually valid. I called and verified the letter. I got a machine prompt that told me to enter my name and social to verify who I was, then I made the payment of 2,600 on October 8th of 2008 via Western Union. During this time while I was speaking to SPS, I AGAIN ASKED ABOUT A LOAN MODIFICATION. I specifically said that this is 2,600 dollars, am I going to be getting a loan modification on this? I also informed them that this payment like all of the other payments up until this point were TOO HARD FOR ME TO PAY.
At the end of October 2008, October 29th to be exact, there was a gentleman Infront of my home taking pictures, which concerned me. The man stated that he worked for South Hills Properties and that the property should have been vacated. Right then and there he called an ALLY. She relayed the message over the speaker phone that SHE OWNED THE HOME, SHE JUST MADE A PAYMENT, AND WAS GETTING READY TO MAKE HER NOVEMBER PAYMENT. She then proceeded to tell me that the payment I just submitted was being rejected.
