Silver Lining Behind A Foreclosure?
There’s hardly any good news to speak of when the words mortgage and foreclosure are used in the same sentence but one self-proclaimed wrongful-foreclosure homeowner has identified a silver lining behind the massive cloud.
Aime Jackson writes on her website, advocateaime.com that her foreclosure was ‘set off by a series of errors (in some instances involving gross negligence) committed by my lender’s servicing agent.’
According to Jackson, the errors included failing to apply three months of payments and to update Jackson’s files correctly as well as having the home placed in default without proper notice under the Texas Property Code.
‘They were mis-applying the payments to another account,’ says Jackson. She adds, ‘There were a lot of procedural mistakes that they made when they actually started filing for foreclosure. The attorneys that the mortgage company hired to handle the foreclosure — there was just error after error.’
Jackson’s story was reported on by News 8 in Austin, Texas, recently.
‘This isn’t as uncommon as you would think. [Lending companies] are just so overwhelmed and they have so many files on their desk and cases going on — the right hand doesn’t know what the left hand is doing. There are some really huge mistakes being made. In some cases, they’re just ignoring people completely,’ says Jackson.
In the end, Jackson, her husband, and children kept their home but not before she felt completely beaten up by the process. ‘They were ugly and nasty and you feel like you’re being bullied by someone,’ says Jackson.
Her story ends with finding the silver lining behind the very dark, oppressive foreclosure cloud. Now, Jackson, who also battled ovarian cancer while fighting to keep their home, is helping others facing foreclosure learn how they can and should fight back to make sure everything possible is done to save their homes. After her intense experience she has learned methods that work
‘I can work directly with their mortgage company, the bank, the servicing agent, the lender (whoever it is) to come up with some kind of solution to either modify the loan so that they can continue to stay in the property or to do the right thing and, if they can’t afford to be there, to get out from underneath the property but still avoid the foreclosure,’ says Jackson.
Jackson’s website is a grassroots efforts aimed at helping protect and promote the welfare and rights of consumers. While she is not a Realtor or an attorney, Jackson believes her own hard-knocks experience can help others who may find themselves in a similar situation. She offers these tips.
‘Do not go into a hole and hide — that’s very tempting and a lot of people do it because they’re so overwhelmed with their own personal circumstances and then they’re bombarded with mail,’ says Jackson.
She says people sometimes think if they ignore it the foreclosure will go away. ‘That’s the worst thing you can do,’ says Jackon.
Next, she says, gather as much information as possible about your case. ‘Find out who your lender is, who actually holds the lien on your property,’ says Jackson. She adds, ‘You cannot deal with your situation and effect any kind of change unless you know exactly what you’re dealing with.’
Jackson says you must be relentless. Do not give up. ‘You are always your own best advocate because you care most about what is happening to you and your family,’ says Jackson. She adds, ‘I always tell people, the squeaky wheel gets the oil. So, you’ve got to be as loud and as vocal with as many people as you can so that your particular case gets the attention that it needs — otherwise it will just get lost in the shuffle.’
Jackson says remember that it’s never too late. ‘My situation was a wrongful foreclosure, meaning that my home was actually foreclosed on, and I fought it and got it overturned,’ says Jackson. However, she notes that her situation is rare but, as Jackson says, she’s an advocate who will help homeowners ‘go down fighting’ to the end in order to protect their consumer rights and welfare.
Written by Phoebe Chongchua for www.RealtyTimescom. Copyright