Bank Fraud and Foreclosure - any other victims? Advice?

Bank Fraud and Foreclosure - any other victims? Advice?

Denver, CO · Member since 2017 · 7 posts · 1 vote

Our Historic Wash Park Renovation Investment was sure to make us an easy profit. It's a beautiful 2 story on the park. We used a bank for a construction loan we had used before. But, when the budget was mysteriously depleted, and no one could make sense of the numbers, the bank began blaming the builder, and the builder began blaming us. Per the bank's request, we put everything we had into this home, anticipating a $800,000 to $1 MIl profit. But instead of the expected refinancing, the bank served us with Foreclosure papers and reported us to the Credit Bureaus on the last day of the loan terms. Even without 1 missed payment or any other cause, the banks have this option, and the Homeowner can do NOTHING about it. We all know lenders don't give loans away to people with bad credit, but the credit is ONLY bad because of the loan the bank reported when it reached maturity, instead of the promised HELOC and refinance. While searching for answers as to WHY a bank would do this, we have discovered numerous unrecognizable withdrawals and debits from the holding account they were using to pay the builder. However, this claim will require months of discovery and thousands in attorney fees + forensic accounting fees to prove it through the system. Meanwhile, the bank can foreclose on our property simply because they CAN. With close to $1Mil in equity, they matured the construction loan, report us as delinquent, causing us to lose any chance of financing, and stole from our loan throughout the process. Homeowners are helpless! Has anyone else experienced this CORRUPT system? ANY ADVICE?

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Bill S.Pro Member
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Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
9y

Personally I would get a hard money loan and sue the bank for the costs. You mentioned, "no mater what it takes, we will fight them and fight for what is right." If there is truly $1M in equity at stake, then the question becomes, Do you want to be wealthy or right? Personally, I would choose wealthy in your situation. Cash out the bank with a hard money loan. Sue them after the fact and let the lawyers work it out.

All that said, we only have your half of the story and it's my experience that banks, as greedy as they are, don't want to foreclose and own property. For example it's pretty easy to have $1M in equity disappear if there was a small but continuous water leak on an upper floor that runs for days or months without notice. Banks know that bad stuff happens to property in foreclosure and there are so many ways for them to loose that it's not a route they are likely to take if there are other options.

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  • Investor · Scottsdale, AZ · Member since 2016 · 1k+ posts · 885 votes
    9y

    Have an attorney file a counterclaim immediately. No other choice in my opinion. Or worst case, your attorney could file a chapter 13 bankruptcy for you (call a bankruptcy attorney immediately) and that will probably stop the sale and force the bank to prove their claim.

    I am not an attorney and I can not give legal advice. This my opinion, not legal advice.

  • Denver, CO · Member since 2017 · 7 posts · 1 vote
    9y
    Ken Min , our attorneys, now Foreclosure and Bankruptcy, have advised us to file Chapter 13, and we have been counseled this will allow us to keep the house. And, John Anderson we do have proof of the bank fraud, which is why we have hired a Certified Forensic Appraiser, and we are looking for an attorney to take this case. But, you are correct, the bank is not required to give us the HELOC, and can request full payment to be due at the end of the terms, even if they tell you up to the day if they are going to give you financing or an extension. This is why, legally, they can Foreclose, even when we are without fault. So we can file a Fraud suit against them, but a bank can lie, cheat, and steal first, before the consumer even has a chance to prove it! We think the bank, a Colorado bank, wants the house because of the equity and location. They knew we were becoming suspicious of them, especially when the President of the bank, who was in charge of our loan, and his assistant, were suddenly retired and fired with no explanation. I only wish we had considered fraud sooner instead of trusting them for so long. The entire system is a farce, which is why I am wondering if anyone else has experienced anything similar? This could happen to anyone! We are now forced into Bankruptcy because we are not willing to sell the house and let them win. With otherwise excellent credit and equity in our home, how does our system allow these types of situations to play out, and we basically have no other options, other than HML with high interest. No matter what it takes, we will fight them and fight for what is right. I imagine we are not the first people with an investment property or construction loan that they have done this to.
  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    9y

    I would think that letting a Bank choose and pay their OWN Contractors (supposedly on your behalf) is ALWAYS a conflict of interest! Hope it gets sorted soon. 

    I reckon any decent Lender could now cover you (becoming a "hero" marketing coup for them)?...

  • Johnson City, TN · Member since 2014 · 586 posts · 705 votes
    9y

    something isn't right here.

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    9y

    Personally I would get a hard money loan and sue the bank for the costs. You mentioned, "no mater what it takes, we will fight them and fight for what is right." If there is truly $1M in equity at stake, then the question becomes, Do you want to be wealthy or right? Personally, I would choose wealthy in your situation. Cash out the bank with a hard money loan. Sue them after the fact and let the lawyers work it out.

    All that said, we only have your half of the story and it's my experience that banks, as greedy as they are, don't want to foreclose and own property. For example it's pretty easy to have $1M in equity disappear if there was a small but continuous water leak on an upper floor that runs for days or months without notice. Banks know that bad stuff happens to property in foreclosure and there are so many ways for them to loose that it's not a route they are likely to take if there are other options.

  • Rental Property Investor · The Woodlands, TX · Member since 2014 · 345 posts · 288 votes
    9y

    @Elizabeth M.

    You said  "We are now forced into Bankruptcy because we are not willing to sell the house and let them win."

    Two things - As others have said, you have other options - a Hard money loan with $1million in equity seems like a possibility - so you aren't "Forced into Bankruptcy"

    If it was your original intention to flip the property, ("Our Historic Wash Park Renovation Investment was sure to make us an easy profit.") why are you not willing to sell, and how does selling "let them win"?

  • Investor · Denver, CO · Member since 2016 · 736 posts · 582 votes
    9y

    Wow - I live about 3 miles away (just on the other side of Ruby Hill Park) and walk Wash Park all the time.  It's certainly an extremely desirable area and I wish you the best.  Please report back with findings and lessons learned once the litigation is complete.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    You signed a note ... the note had a due date... If you did not have a written formal loan approval for a refi.. then you needed to either have a sale lined up or a refi with as other stated a HML or other bank. a million in equity on a 5 million house is not much.. a million in equity on a 2 mil house is golden. However unless you have a completed home HML are usually not to keen to jump into a construction mess.. I know I never was..

    Anyway refi  or sell then if you think bank misappropriated draw funds you can bring an action to prove that.. plus damages I would suspect...

    However we need just think back to the GFC with all those commercial loans out there with 5 year due dates that had historically been rolled over.. now they were being called..

    And even with a formal loan approval it simply is not done till its funded and recorded.

    @Bill S. Bill do you know HML in Denver that will step into this deal.. maybe you could refer one over.

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    9y

    @Jay Hinrichs I do know hard money lenders and with the details provide they would at least be willing to "look" at making the loan. Like you said though, it depends on the situation. I took the mention by the OP of HML and the aversion to interest rates as "proof" that a HML was feasible. Your right, it may no be an option. For all I know, the home might no even have $1M in equity. Generally speaking homes in the area top out around $2M so for me the equity position would where I would start with the due diligence.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Bill S.  in addition I have not seen many flips in a HOT area at that price point 2 mil... that had a 1 mil profit margin.. that's rock star territory.

  • Denver, CO · Member since 2017 · 7 posts · 1 vote
    9y
    Yes, our original intent was to flip the property. We had just finished a pop-top on the East side of Wash Park, which is where we were living. The Denver market was hot, so we made a decision to sell that house for a nice profit. We have grown to love this house, and after 3 years of total renovation, we have turned an original 1920's 2-story home into a 'one-of-kind' gem. This type of home is not like new construction, so it is priceless. We invited the new President of the Bank to our home for a tour, in effort to show him how well we had utilized the funds we had borrowed and in excitement of finalizing the last HELOC and refi. Over 3 years, we had completed 2 loans and 7 modifications. We realize the intention of most banks is not to foreclose on property or desire to be stuck with the headache and hassle of dealing with foreclosed property. We believe the fraud was most likely either intentional or mistakes made by the employees (previous President) who were asked to leave the bank as our loan was approaching maturity. We learned a good lesson on always having a backup plan. We should have secured alternative financing. Of course, in hindsight...
  • Denver, CO · Member since 2017 · 7 posts · 1 vote
    9y
    Total owed is a little less than a million. Appraised value is $1.65 - $2.2. We have had notes left on the front door over the years offering as much as $2.1, cash, sight unseen. So, you could argue equity as low as $650,00 and as high as $1.2. In this area ppsqft can be useful or irrelevant. Not many homes have newly remodeled and 'grandfathered' in apartments above the garage with high rental income potential or 5 patios of outdoor living space. Property on the park is limited, so the value is in the eye of the beholder. As I mentioned, our goal is not to sell, but if the old offer of $2.1 is still good, I'm sure we would be dumb not to take it and move on to sueing the bank for fraud. Correctly stated, this is not your typical 'flip', yet more of an investment.
  • Realtor · Denver, CO · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Hire an attorney and sort this out before it's sold.

    Also, you should delete this post or at least take your personal name off of your profile. No need to give free info to the opposition. 

  • Lia MartinezPro Member
    Rental Property Investor · Denver, CO · Member since 2015 · 80 posts · 68 votes
    9y

    If you are still looking for an attorney, I recommend Tueller & Gibbs. I hope everything works out for you. 

    @Bill S. Yes, sometimes banks do just decide to foreclose and steal homes for no reason. This happened to the house I was born and raised in in Aurora. About 6 years ago (before I was in real estate) my mother tried to refinance her adjustable rate loan into a fixed through Bank of America. She continued to pay her mortgage during the refi. Two months later, out of the blue, she received a call from Colony Homes America (our favorite evil hedge fund) that they had just purchased her home at auction, but would be "kind" enough to rent it back to her. There was no notice given to her of foreclosure. After contacting a lawyer, she was told that she had not taken enough notes of her phone conversations with the bank to prove any wrong-doing on their end, even though that was obviously the case. I did not find this out until 2 years ago when I offered to buy the house from her and she broke down into tears and finally told me. I verified everything she said looking for some way to get the house back. This is someone who just retired from the VA this year, is a disabled Navy vet herself, and spent the last 35 years of her life working hard to get homeless veterans off the streets. It is great that my real estate experience has now allowed me to help my mom be a homeowner again in Salida as of a week ago, but it still hurts to lose the only place that ever felt like home after 32 years of Christmases and Thanksgivings.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Lia Martinez  I spent most of my career buying court house steps and working with those in foreclosure.. I just can't believe your story.. someone is in foreclosure and especially 6 years ago when DF came in  they will get no less than 100 letters from the lender and same amount of phone calls.  I suspect your mom is not exactly telling you what really happened

  • Denver, CO · Member since 2017 · 7 posts · 1 vote
    9y

    @Lia Martinez  I am SO sorry to hear that story about your Mom, and I do believe it! I am sorry to say, not every lender sends 100 letters or phone calls. We were told our loan had 'matured' when we went to the bank to deposit our final interest payment. The teller came back, and said, 'I'm sorry, there is no need to give us that payment since your loan is being matured". We were shocked and clearly caught off gaurd. They did not give us any warning. We had never missed a payment on that loan in just shy of 3 years. 

  • Lia MartinezPro Member
    Rental Property Investor · Denver, CO · Member since 2015 · 80 posts · 68 votes
    9y

    @Jay Hinrichs This is the truth, I looked through the documentation she had saved. You can think whatever you would like, as there is really no use arguing over spilled milk, but that does not change the facts. She did not receive any letters, phone calls, or notice. And trust me, if you met my mother, you would also believe her because she is not someone who believes in even little white lies. Large banks often have a right hand doing something entirely different thank the left hand. And they are always out for the institution, not the people they supposedly serve. 

    @Elizabeth M. Thank you for your thoughts. Luckily she living in a better place now and has moved on. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Elizabeth M.  your confusing a balloon payment being up.. and foreclosure.. If you don't cure this in some manner you WILL get 100's of letters during the foreclosure process.

    you will get phone calls.. and its the law that you must sit down with a foreclosure mediator as well to talk over your issue.. IF and a big IF they acutally file a foreclosure right now your simply sitting on a loan that is due and for whatever reason ( and I suspect there is more to the story) bank has declined to renew or re write.. this is not a rare occurance.. your draw mishap not withstanding.

    @Lia Martinez  if this was the case all you need to do is file a complaint with the FTC and you will OWN THE BANK.. and trustee CANNOT sell a property unless they have PROOF that proper notices were served etc etc.. something is off here... but any way.. I understand how tramatic these events can be.. I have bought many a courthouse steps were the one spouse handle the family finances and the other spouse did not know they lost the home until I banged on the door and wanted to talk about if they wanted to rent or leave..

  • Denver, CO · Member since 2017 · 7 posts · 1 vote
    9y

    @Jay Hinrichs  Thanks for the advice. Unfortunately, the law in Colorado is different than most states as it is 'non-judiciary'. I certainly don't claim to know everything about it, other than it allows the banks to take advantage of people. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Elizabeth M. non judicial states have the same rules .. NO where in America can a lender of any kind simply foreclose without proper notice.. and it sounds like your owner occ this one.. so you will get plenty of notice.. I understand your in a pickle.. I bailed out a lot of folks in your same situation

    ones that did not read the fine print of their HELOC's

    in 08 to 2010 banks froze literally millions of these.. folks like you who relied on access to their Heloc to do their reno's were mid project and their helocs no longer worked.. they were called. completely legal.  I did a lot of loans in those days for flippers who were in this scenario.

    as well as I foreclosed on a good number of borrowers as well who defaulted on my loans..

    but the good news is you have monster equity.. sell the home move on.. if you think you were wronged sue the bank.

    BK should be last resort that will haunt you.. if you plan on ever borrowing money again.

  • Real Estate Agent · Commerce City, CO · Member since 2015 · 46 posts · 9 votes
    9y
    What is the name of the Bank? Is it based out of Colorado?
  • Denver, CO · Member since 2017 · 7 posts · 1 vote
    9y
    Collegiate Peaks Bank. They are a Colorado bank based out of Buena Vista, but we worked with the Belcaro location in Denver.
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