David vs. Goliath

Thank you for taking the time to read my story. This is truly a case of David vs. goliath.  To start out with I am have always been a responsible person when it comes to money and choices that I make.  In 2006 my son had a illness that required care. In order to pay off those medical debts my wife and I at the time refinanced our home, this was my first mistake.

We went with CITI financial and in the beginning it seemed like a great choice. Everything  seemed normal until our house was hit by a tornado in 2010. At that time we made an insurance claim, when we contacted CITI they told us that we did not have a loan with them. As I pushed for answers they said to keep making payments and that it would get sorted out. We kept asking for updates and no one from CITI could give us any answers.

In 2015 I went through a divorce, some of the reasons why was because of our finances and the house. In the divorce proceeding I was to sell or refinance the home. After trying for two years it was clear no one knew who owned the loan. I worked with CITI trying to solve the situation and during that process I was contacted by a third party, Bayview Loan Serving.  They informed me that they owned the home. When I contacted CITI they said they owned it. I tried to work with both parties to figure out what happened and who owns the loan. After that hit a wall I decided to not make any more payments and wait in see who would come after me. After a year of not making any payments and no one asking for any, I called again. I received no help, almost a year later I was served with foreclosure papers.

In the legal proceeding it was determined that they never had a note, so they could not enforce it. The case was dismissed and I was given a clean title. I had many bills from the lawsuit and bad credit because of them, the house need a ton of work so I decided to sell it and pay off what I could.

A year later I was served with papers saying I still owed them money, they sued me for the balance of the home. Still with no proof that they owned the home, they filled a affidavit saying they did. Today was the court date. The judge sighted with them and said that it was legally transferred as I once had a loan on the house. 

This is where the danger is, with this ruling the judge allowed a third party to make claim against someone without a chain of ownership. I expected this to happen as there has never been a case in Wisconsin that could be used as reference. Its never happened before. 

I am finally out of funds, this case needs to be appealed to not only protect my future, but the future of all the consumers. I can win this case, but it takes money, I do not have lobbyist in Washington protecting my interests, its up to only me, David vs Goliath.

If I can raise enough money to appeal this and fight in court, we can set precedence for future homeowners and current ones. With your help the right legal choice can be made, not one that relies on how much money you have to defend yourself. If it can happen to me, it can happen to anyone.

Thank you,

Dave
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