I signed up with CHFA to buy my first home. I was paying them, satisfied, until I learned about the scandals on Wall Street in 2008, and learned that CHFA had previously been in trouble for the way they did their loans.
I decided to confront them about it, to make sure they didn't sell my original note while continuing to collect payments from me. Sure enough, in my closing documents, I find a letter that was not intended for me, but for my lender. It stated that there were 3 banks who had a "security interest" in my note, and even included their full account numbers. I discovered my loan was done through MERS (a sure sign of fraud).
CHFA ignored every question I asked them. I asked over the period of 2 months for an explanation, and for them to promise I was not supporting organized crime or criminals in any way. They ignored me until they sicked their lawyers on me! I repeated the scenario to their lawyers, who denied any involvement with the fraudulent practices but would not explain the documents I had or anything about MERS.
My note was indeed sold before we even got to the closing process. So they initiate foreclosure because I refused to pay criminals and demanded they prove they still had my note (which they wouldn't). I entered my "answer" in the Rule 120 hearing, providing the document with the info of the banks who had an interest in my note, and that my loan was done through MERS. I show up on the day of the hearing but my name was not on the roster, so I figured something happened and I expected to get a letter or something in the mail.
Apparently they defaulted against me claiming I "didn't show up." So I appear for the eviction hearing, to which I never agreed to be seen by a magistrate. I try to make the argument that the eviction is unconstitutional since they did not see the foreclosure case with due process and I was trying to contend the unconstitutional handling of the foreclosure case. I also contested that the eviction was being heard by a magistrate without my consent. The magistrate ignored everything I had and denied relevance of anything I contested.
CHFA's lawyer bullied me and my wife (witness) on the stand. I ended up walking out because the magistrate was not upholding his oath or the Code of Judicial Conduct, and he sided with CHFA. Because of this, we had to move into an apartment that did not take care of their units or their "guests." My wife was pregnant, and we were stuck without an A/C in July during the smokey Waldo Canyon Fire weeks, because the apartment manager refused to fix the A/C. So we found another place and moved out without paying that month due to breach of contract on their part.
We still get sent an eviction summons, and again without permission they set it up under THE SAME magistrate (conflict of interest). I tried filing motions to Recuse and Reconsider on both the foreclosure/eviction and the 2nd eviction, providing all the evidence I had, and the court turned me down every step of the way.
If only CHFA had done the right thing to begin with! If only the court/judge upheld their oath and followed the Code of Judicial Conduct!
Reason of review: unconstitutional practice, poor judgment, conflict of interest.
Monetary Loss: $60000.
Preferred solution: Let the company propose a solution.
I didn't like:
Lack of pro se compatibility, Conflict of interest, Judicial misconduct.