Washington, DC (PRWEB) December 11, 2010
According to CPAC's court filings, Mr. Wang of California had received a Notice of Trustee Sale on his family's home well after he was purposely misled by his lender about an ever elusive loan modification that never materialized. Although, according to court filings, they accepted 10 months of temporary trail modification payments that apparently were never applied to his mortgage balance. All the while he was being reassured the loan modification looked good, Mr. Wang stated that his plea for help was eventually rejected. Mr. Wang states he never requested a lower loan amount. He only wanted a stable and sensible interest rate so he could not understand why his lender rejected him. According to Mr. Wang his Lender then suggested he short sell his home, he painfully agreed to do so to avoid foreclosure but according to Mr. Wang's licensed Real Estate Broker, his lender rejected offers presented to them, so the foreclosure seemed unavoidable. Sounds like a very common story so far?
According to Mr. Wang he is now only responsible for a loan balance that is $250,000 less on the same home. The 30-year fixed rate now allows the stability he originally was seeking and a payment that is less than half including tax and insurance. His prior loan had a crazy variable payment with tax and insurance paid separately that was more than double! What happened you ask? Mr. Wang's Church referred him to one of the staff members at Consumer Protection Assistance Coalition (CPAC) the Non Profit Law Clinic.
Mr. Charles Ton, one of the three Directors for CPAC and a Licensed Litigation Attorney was available to comment “Fortunately Mr. Wang was willing to take a more aggressive offensive approach and decided to file a Civil Law Suit against his foreclosing lender and the true Note holder who we later found had no idea Mr. Wang wanted to keep the home let alone able to afford the home with a minor modification. We quickly identified what appeared to us as over 40 State and Federal violations in his loan relationship and immediately filed a law suit on his behalf (Filed 11/12/09 - SUPERIOR COURT OF SANTA CLARA CASE # 109CV1572) CPAC legal staff discovered what appeared to have not only loan origination but various alleged predatory lending violations as well. Based on the complaint filed with the court, the servicing of the loan was now also in question because of what appeared to be predatory in nature”. Charles Ton adds “The icing on the cake was that through our discovery and investigation we learned that the original Notes whereabouts may not be so easily identified due to multiple beneficiary transfers, one being the infamous MERS making the ownership of the Note potentially very difficult to prove, in my book no ownership, no standing, no legal standing, no foreclosure”.
Mr. Ton adds “Most people may think you need a long expensive jury trial to get these type of results, at least that’s what a typical attorney will have you believe. The truth of the matter is these types of illegalities; misrepresentation and fraudulent business practices are quite commonly found and guess who’s known this for decades? You guessed it, the lenders and their attorneys. What sets us apart from all other law firms is we are a true Non Profit Organization registered with the federal government. Although we don’t get any government funding yet and we would love to help more Americans in need, we still do what we can and what we do, no one else does like we do it".
According to post litigation records, CPAC arranged a settlement that allowed Mr. Wang, his wife, children and grandfather to not only move back in to their home, but now the balance owed on the same home is $250,000 less than before. Charles Ton states "We've accomplished various settlements with similar results. The funny thing is that in the Wang case, Mr. Wang originally didn’t ask for any principal reduction at all, he only asked his lender for a simple stable rate adjustment. People don’t realize that majority of homes getting foreclosed on today are very questionable and may not even be legal as has been very recently made public by the 50 atate attorney generals investigation. We want people to understand that this is our mission, educating the public that the United States court system can and will protect the consumer; the consumer just needs to know who, how and when”.
Charles Ton continues to state “With the small amount of resources we have and the cooperation of the consumer we turn the tables on the lender. We pre-qualify the homeowner for one of several permanent principal reduction programs for free while we perform a free Lender Fraud and Violation Analysis and educate and inform Americans of their God given consumer civil rights”.
Consumer Protection Assistance Coalition (CPAC), a federally registered Non Profit Law Clinic with locations in Arizona, California and Washington DC can help struggling homeowners in 48 States thru reputable and experienced Licensed Attorneys in every State. CPAC offers many completely free services and products to those who may benefit from them as well as very aggressive and effective legal representation when needed. Mr. Ton adds "Tell your neighbor, co-worker, friends and family that its never too late, we’ve helped people even after they’ve been foreclosed on and achieved complete trustee sale reversals, even if your current on your loan and just want out, we don't work with your lender, we work against them using a venue that allows the average American to beat the Wall Street tycoon." Charles Ton makes his final comment "Once the American consumer decides that he has had enough of being abused by their lender they have power. The power of the court system, this kind of power can result in our court system determining that the lender was in fact in the wrong and the American consumer will have his day in court. Maybe even get a the entire loan eliminated! Quiet Title suits until now were thought to be a myth, not now, not here in California like the recent Nguyen vs. Chase Bank (Case cv09-4589-AHM filed in U.S District Court) similar to Mr. Wang, he decided to use the court system and now he not only gets to keep his home, but even better than Mr. Wang's result, according to the Judges ruling the loan was completely eliminated! This is how powerful and how fair our court system can be when people make the decision to use it when they've had enough". CPAC Non Profit Law Clinic. (866)773-7864 or visit us on our web site at http://www.CPACaid.org.
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