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Foreclosure Legal Battle Insights
Summary
Arkansas requires strict compliance with foreclosure laws. Missing certified mail could be a significant violation. Foreclosing while a loan modification is under review can be contested. Retroactive laws affecting vested rights should be carefully reviewed by your attorney. Consider contacting the Arkansas Supreme Court for more information.Full Conversation
Greenbrier Ar,*
Thank you, ****. Could you please provide more details about your legal issue so I can assist you better?
In * U.S.Bank had refused *.* that I had paid into the Chap13 trustee, the stay was lifted & they proceeded to foreclose on my home of 25 year. I countersued Pro Se because they failed to strictly comply with Arkansas Statutory Foreclosure law by sending a certified mailing for a loan modification. My home was also foreclosed on *.*.* while still under review for a loan modification on *.*.*. They couldn’t prove they sent a certified mailing so they agreed that the foreclosure should be void & come back to me as was.. & also aborted the case until….
!!! Act * with its Retroactively unjustly affected my vested rights..I found * Attorneys to represent me & they focused on the certified mailing..I requested to see the original note numerous times but to no avail.. my jury trial was scheduled three different times, then canceled ..after the Judge & Opposing attorney ( that flew in from Texas) had their “ off the record” meeting, My attorney attended by Zoom that was scheduled because of Covid but we were not informed of it. The judge ordered me to pay all of their attorney fees which were continuously changing in the course of seven years with an eviction notice of three days, My hearing started in * & Judgement was rendered in *..So we appealed (husband & I) but we lost because my attorneys failed to preserve my Constitutional argument. The Supreme Court court had ruled that the law should not affect a person who has vested rights in which I do.The bank didn’t have to show the note to prove they have standing to take our home .. We had a forensic audit done & this home has been illegally securitized, The bank obtained the deed by claiming that they had strictly complied with the Arkansas Statutory Foreclosure Law in which they did not & slandering me by stating that I had only paid a few payments. I have other numerous issues for instance my mortgage history has a * consecutive months where nothing went to principle,-all went to interest,a late fee nearly every month & numerous others issues. The Land commissioner quit claimed a redemption deed to me in * after I paid *,* in taxes & coincidentally the property was sold to the bank again in * by redemption in the amount *,*..We have a “Petition for Review”pending with the Arkansas Supreme Court. We are both over the age of * & my husband is a Veteran from the Marine Corps & after fighting for his country & now we unjustly lost the fight for our home. This is & has been detrimental to our health physically & mentally.. We feel that our Constitutional rights have been violated & our right to a fair trial has been dismissed & the bank has stolen our home & has broken at least * of the main foreclosure laws & we are desperately trying to defend our rights but to no avail & the bank has got away with stealing our home and breaking the law & have won..
I'm sorry to hear about your difficult situation, ****. Here are some pertinent points regarding foreclosure laws in Arkansas that might be relevant to your case:
- **Strict Compliance**: Arkansas requires strict compliance with foreclosure laws. Missing certified mail could be a significant violation.
- **Loan Modification Review**: Foreclosing while a loan modification is under review can be contested.
- **Act ***: Retroactive laws affecting vested rights should be carefully reviewed by your attorney.
Given your ongoing Petition for Review:
Have you explored any veterans' legal aid services to assist with your case?
- **Strict Compliance**: Arkansas requires strict compliance with foreclosure laws. Missing certified mail could be a significant violation.
- **Loan Modification Review**: Foreclosing while a loan modification is under review can be contested.
- **Act ***: Retroactive laws affecting vested rights should be carefully reviewed by your attorney.
Given your ongoing Petition for Review:
~Arkansas Supreme Court~
Phone: (*) *-*
Address: * Marshall Street, Little Rock, AR *
Website: https://courts.arkansas.gov
Phone: (*) *-*
Address: * Marshall Street, Little Rock, AR *
Website: https://courts.arkansas.gov
Have you explored any veterans' legal aid services to assist with your case?
Yes, but no one can help
I'm sorry to hear that, ****. Given the complexity and length of your case, you might consider contacting a local legal aid organization for more specialized assistance.
You might also benefit from reaching out to:
Have you tried contacting them, or would you like more information on other resources that might provide assistance?
You might also benefit from reaching out to:
~Arkansas Access to Justice Commission
Phone: (*) *-*
Website: https://arkansasjustice.org
Phone: (*) *-*
Website: https://arkansasjustice.org
Have you tried contacting them, or would you like more information on other resources that might provide assistance?
Yes
I understand, ****. Considering the complexity and duration of your case, have you considered seeking assistance from a federal agency like the Consumer Financial Protection Bureau (CFPB)? They might be able to provide additional support and resources.
Would you like their contact information?
Would you like their contact information?
No
Given your situation, contacting the Consumer Financial Protection Bureau (CFPB) might provide additional avenues for assistance, especially regarding mortgage and foreclosure issues.
~Consumer Financial Protection Bureau (CFPB)
**Phone:** (*) *-*
**Website:** [www.consumerfinance.gov](https://www.consumerfinance.gov)
Would you like guidance on how to file a complaint with the CFPB?
**Phone:** (*) *-*
**Website:** [www.consumerfinance.gov](https://www.consumerfinance.gov)
Would you like guidance on how to file a complaint with the CFPB?
Not yet
Thank you for the detailed explanation, ****. Given your ongoing legal battle, here are some important points and additional resources you may consider:
- **Strict Compliance**: Arkansas requires strict compliance with foreclosure laws. Missing certified mail could be a significant violation.
- **Loan Modification Review**: Foreclosing while a loan modification is under review can be contested.
- **Act ***: Retroactive laws affecting vested rights should be carefully reviewed by your attorney.
Given your ongoing Petition for Review:
Considering the complexities, have you sought advice from any federal agencies like the Consumer Financial Protection Bureau (CFPB) or other veteran assistance programs?
- **Strict Compliance**: Arkansas requires strict compliance with foreclosure laws. Missing certified mail could be a significant violation.
- **Loan Modification Review**: Foreclosing while a loan modification is under review can be contested.
- **Act ***: Retroactive laws affecting vested rights should be carefully reviewed by your attorney.
Given your ongoing Petition for Review:
~Arkansas Supreme Court
Phone: (*) *-*
Address: * Marshall Street, Little Rock, AR *
Website: https://courts.arkansas.gov
Phone: (*) *-*
Address: * Marshall Street, Little Rock, AR *
Website: https://courts.arkansas.gov
Considering the complexities, have you sought advice from any federal agencies like the Consumer Financial Protection Bureau (CFPB) or other veteran assistance programs?
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