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Help Us Save Our Home

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I am 74 years old and retired, my oldest son who is the actual owner of the home has had two heart attacks and two by-pass surgeries, he also has a poorly controlled seizure disorder and is unable to work. My youngest son who also lives in the home has debilitating migraines and works part-time. He is the expert on this case, he just isn't an attorney. We are at the end of our ropes, it pains me to ask for help but I am and will be forever grateful.

My family bought this house in 1950, we have nearly 70 years of living and memories here. We purchased the home from my mother almost 20 years ago. Since 2005 we have been at odds with our mortgage company JP Morgan Chase. They are not the originators of our loan, that was Long Beach Mortgage which later became part of Washington Mutual. JP Morgan asserted ownership of our loan thru the purchase of WaMu assets in their bankruptcy, in 2016 Courts determined JP Morgan was not the owner of certain loans like ours held in trust by Deutsche Bank. We have been in and out of Bankruptcy court to save our home after JP Morgan stopped taking our payments, we were never able to get the court to look at the clouded ownership of the note so in 2011 we entered into a HAMP loan with JP Morgan to save the house and stop the stress in our lives. We made 5 payments on the HAMP loan, received the amortization schedule and particulars about the loan, we were approved, along with the approval letter. We made our next payment and suddenly they stopped taking our payments and reneged on the loan and have since had only been willing to accept the full amount owed on the original loan. Courts have held HAMP loans are a contract and JP Morgan breached our contract. JP Morgan has never stopped trying to foreclose on the house, it has been never-ending stress. Early this year we went back into Bankruptcy court with a new attorney in hopes of challenging their ownership of the note and at the least forcing them to honor the HAMP loan. It makes no difference how good your attorney is if the Judge isn't interested in looking at the evidence or even entertain the idea the bank may have done something wrong, you are sunk. In our case the Judge wasn't interested in any of it, he just wanted it off his desk, so he found in favor of the bank. 

We have spent the 60 days since then looking for an attorney to take this into Federal Court for us. We have a solid case, situations like ours have been adjudicated all over the country in the last few years and in almost every case finding for the homeowner. Monday, October 22 our home was sold at a foreclosure auction, the bank purchased it. We have no other recourse at this point but to find a way to bring suit in Federal court for illegal foreclosure and fraud as well as breach of contract on our HAMP loan. The good news is Tuesday the 23rd we found an attorney, the problem is we need $5,000 minimum to start. Given enough time we could probably raise that amount, but we don't have months, we need to do it now or be on the street. 

Please consider helping us

Thank you

The Clarks, Cherie, Chris and Bill
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Donations 

  • Merry Christmas
    • $25 
    • 5 yrs
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Organizer

Cherie Clark
Organizer
Omaha, NE

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