Attorney Nick Wooten is Suing Banks in Illinois for Breaking Into Homes

Foreclosure defense attorney Nick Wooten has been making headlines as a consumer attorney since the earliest days of the foreclosure crisis.

Nick became quite well known around the country for his high profile, David v. Goliath type cases.  He sued Lender Processing Services (LPS)… he went after MERS… and he won a landmark case in Alabama, of all places, Horace v. LaSalle Bank, in which the judge ruled that the note was not properly endorsed and negotiated into the trust and therefore the trust could not foreclose.

Nick is now practicing law in Chicago, Illinois… he’ll explain why during the interview… and on this Mandelman Matters Podcast he also explain why he is focusing on cases he refers to as: “Break In Cases.”

Homeowners in the middle of loan modifications or short sales… or sometimes the homeowners are current on their mortgages, believe it or not… they come home from work one day to learn that they’ve been locked out of their homes.  When they finally get inside they discover that everything they owned… is gone.  Sold or taken to the dump.  Baby pictures, clothing, appliances, jewelry… precious memories that can never be replaced.

Most of us can remember reading about this sort of thing happening in the early years of the foreclosure crisis, and you’ll be shocked to learn that it’s still happening every day in this country, according to Nick.

Read on.

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One response to “Attorney Nick Wooten is Suing Banks in Illinois for Breaking Into Homes

  1. June 2003 January 2010, September 19, 2016

    From: Marilyn Brown Frisco Texas 75035
    Disabled Veteran Eviction Bank of America Fannie Mae, Countrywide, Carrington

    The following is a synopsis of the events which have taken place from the beginning with my home loan and predatory lending practices.
    In 2003 I purchased my home from Country Wide. I pleated with them for 5 years to give me the promised interest rate. At the closing they changed my interest rate from 6.25% to 9.25% and put a clause in that I could not make any changes for 5 years.
    The mortgage on my home closed on June 13, 2003 with Countrywide. The balance due after the down payment was $164,350; the monthly payment was $1,337.21. In the same month a driver pulled out in front of me, and my vehicle was totaled.
    Though I was injured, I did not file suit against the person who caused the accident but did suffer from the injuries into 2004. I was able to keep my house payments paid until the fall of 2004.
    I did become 60 days late and requested a rework of my loan. It took several months to complete the process.
    During the time of modification they ask you to not make any payments. After the change I learned that my taxes and insurance were not added to the monthly payment as had been agreed, and this created a large tax bill to pay.
    Then, after the understanding I had with them about the procedures they required be followed during a modification of a loan, Countrywide still had their attorneys send a foreclosure letter to me. I promptly called the attorney firm and informed them that I was in the workout stage. They stated that they had not been notified of this information.
    When the rework was completed, they increased my payment to $2,015.25 with a high interest rate. Payments were and have been made by Western Union with dates confirming they were paid on time.
    They promised me a rate of 6.25% after five years which they did not honor, and I confronted them about this to change it. After a year they finally reduced my payment to $1,847.21, but the interest was still at 9.25%.

    Then, in 2008 I spoke to an Annette Carron in the work out department and discussed again to have my interest rate reduced since a five year hold was over.
    B of A/FM
    Page 2
    With CW your statements reflect a constant late charge in fact many payments are credited and backed out for seven or ten days which then posts a late charge to your monthly statement.

    In 2006 my husband at age 47 was diagnosed with complete kidney failure, and now he is on a kidney dialysis machine three to four days a week. I administer his treatment at home.

    When I learned about the save a home plan that President Obama was proposing, I contacted them explaining the health crisis in our family.
    I thought that I might be able to make up for all of the mistakes over charges that I have paid in the past. My package arrived and forbearance paper work arrived after the 19th of July
    .
    I signed and returned it and paid the first payment from my Citibank account, check number 3001 in the amount of $853.38. The second payment was also paid from the Citibank account, check number 3013, which cleared my account on 9/11/2009. Third, fourth and fifth payments were sent at one time as a cashier check (330145700). I sent three payments together as my due to an error by one of my brokerage companies I did not receive the total commissions as the last Payment made was cashier check number 330154560.
    In the six months of this forbearance period I spoke to customer service each time to confirm that the payments were received. Each time they told me their records showed a foreclosure but to not worry about that, and as long as all of the payments were made in the six months I would be all right. Now I know they either did not know what they were talking about or were just plain lying to me. I have all phone calls documented with the dates and names of the persons to whom I spoke.
    I moved my insurance business to my home so I could give him his treatment
    and work from there. In 2009 I applied for the Make Home affordable program (through Bank of America) because of our health crisis and to lower the payment to what it should have been in the beginning.
    Victoria at CW/ BA 8/19/09 checking on first payment on Forbearance
    10/02/09 Spoke with La Tresa CW / BA
    11/15/09 Krystal Ft .Worth Office
    12/02/09 spoke with Gil Gomez sending the three payments’ he stated that even if they were late it would be okay as long as all of the payments were paid.
    12/10/09 spoke with Shreka B of A Payment received for Oct, Nov, and Dec 2009
    B of A FM
    Page 3

    1/04/10 Linda Craquitte Buffalo NY / 1-08-10 confirming that last payment was received. She stated that now B of A would research the best plan for my situation.
    I said to I wanted to be assured that my payment was received and credited and to sure that my home was safe. “We do not want your home “this program is for
    Saving your home.) Noted: each payment sent included a cover letter.

    In January of 2010 I sent my last forbearance payment and I spoke with Linda Craquitte in the Buffalo New York BofA office on the 5th of January. I called each and every month to confirm that they had received my payment.
    She stated that they did not want my home and that at this point the bank would work on a payment that would work for me. On the 11th of January I had just put my husband on the dialysis machine and found an Eviction Notice on my front door. No one can imagine the fear that I felt.

    I called the real estate agent that was listed on the notice. She said that Fannie Mae had purchased my home, and it was foreclosed on January 5th 2010.
    I then called FM and spoke to a gentleman and said that B of A told them to foreclose on my home.
    I called the collectors for mortgage companies Barrett, Frapper Turner & Engel and was told that Ryan Bourgeois was the attorney to send my letter to only to find out later that the case was handed over to another attorney had the case .
    I contacted them because of my experience with the rework in 2004 they sent many foreclose letters and when I called and informed them that was in a workout status they said no one at CW had told them so I thought perhaps it was an error .
    I contacted an attorney. He took my $2,900 check and assured us that we would not lose our home. In 7 months the only contact from his office was from his assistant, asking for more money or he would dismiss my case. I paid more money, and after I had paid him $5,400 he quit. He had filed a lawsuit as a result of the foreclosure, and later I learned that he did not even add Fannie Mae to the law suit.
    I did everything I was asked to do and still they took my home.
    Several attorney’s and mortgage brokers have told me that it is common knowledge that the Make Home Affordable program is just to get some funds from the home owner before they take it.
    I have learned since that although 650,000 applicants applied for Make Home Affordable, 350 were actually honored. These homes had a great deal of equity.

    B of A FM
    Page 4
    My husband is 54 and I’m 64. We have worked our whole life like so many others that this has happened to. I would appreciate your writing my story because this whole thing Page 4
    is unethical, possibly illegal, and damaging to our health (especially my husband’s), as well as financially. In addition, the internet is full of several cases.

    My second attorney (Kristine my attorney at the time did not even know that we lost the summary judgment on April 06, 2011 and I learned yesterday that she may have filed too late for a new trial.
    Bank of America / Fannie Mae keep attorney’s insisting that they have not received documents from my attorney and the courts.
    I believe they are saying that because in eviction court the attorney told the judge that I would never get another hearing. I did and since then they are stalling…
    I do not know when they will come to the door to remove us.

    March 29, 2012
    On March 06, 2012 was to be another attempt to evict me my attorney at the time said that she has requested a new court date to date I have not heard that there will be another date set. My question will it be with the same Judge (David Rippel)

    July 18, 2012

    Collin County Court 4 In the meantime I was told that the eviction would take place on April 4th 2012. Now yesterday I heard that FM rite ran out and they would have to get the judge to sign another one. And it may be at the end of April.
    The stress of and my health has suffered with my husband dying of kidney disease no other home to move to and all of this with out family or outside help.
    We are still in our home and I have another attorney, Fannie Mae has put me through another deposition which is basically a witch hunt I guess to make me out as a loser.
    Since this foreclosure my husband has had a cardiac arrest in September of 2011, was diagnosed with an ulcer and diverticulosis.
    Although I have enjoyed good health my whole the stress of lack of sleep and constant stomach and digestive problems and headaches.
    The fact that the pressure and stress of being thrown out of your home at anytime and to add an health crisis and all of the issues with the medical field I fear that I will break down emotional and physically.

    B of A FM
    Page 5
    The most painful thing about all of this is the loss of hope, and feeling of worthlessness.
    I also have done a great deal of research and spoken to several mortgage professionals and through several internet stories that the attorney that signs foreclosure for attorney collectors is not an officer of the MERS Corporation.
    What amazing to me it that even though it has proven that many people have been foreclosed on unlawfully the banks insist that the homeowner is a fault.
    Because we lost the summary judgment we have filed an appeal for the eviction.

    November 09, 2012

    We had an eviction notice on our door and were supposed to be out on Nov 14th my attorney was able to get a weeks extension however the constable told me that they would not be doing any evictions until Monday the 26th 2012.
    Noted: we were not late on payments and B of A took the funds.

    November 21, 2012
    I spoke with Ms .Jan Kite with Fannie Mae has stopped the eviction she stated for now.
    My understand is that she has told B of A to work with us. On Friday evening November 23, 2012 local news station aired our story here in Dallas Texas. After the airing FM decided to lease my home to me for one year.

    They offered to lease my home to us for $1,600 a month plus the last month lease up front. The going rate for lease is $$1,200 to 1,450 monthly.
    I have until January 03, 2013 to pay $3,200 to them
    Believe me I ‘m grateful that we won’t be thrown in the street but this is not right.
    January 15, 2013
    Fannie Mae stated that they would lease our home back to us after learning about the news story.
    To date we have not received a lease agreement, how ever they have already had
    included us in the eviction groups after the moratorium placed before the holidays.
    I learned yesterday this was a mistake.

    Page 6
    B of A FM

    May 29, 2013

    I received a letter yesterday stating that even though I have a lease agreement until January 2013 Fannie Mae can sell my home to another investor or home owner.
    April 12, 2013 my husband had a cardiac arrest and was in a coma for ten days. he has been in the hospital and rehab for 120 days. He has serve brain damage.
    My home will have to be modifying my home to accommodate his needs.
    Our home has a set up for his dialysis treatment presently.

    November 24, 2013
    To date my husband cannot walk and has severe brain damage, I have to bath, dress and feed him. Suffering with kidney disease in itself is hard enough, but to have your home taken when you followed the instructions by the company(s) that accepted your payments is gross negligence.

    My husband has had three heart attacks in a year and half due in part because of the stress and fear caused by three eviction notices that we would loose our home and be thrown
    into the street with his kidney machine.
    He cannot walk and after nine months is just now realizing where his home is. My husband was in the Coast Guard. He was the one who served his country, not me and my hope and prayers are for him.
    December 30, 2013
    My response to the B of A letters dated June of 2013.has been delayed as I’m my husbands only care giver.
    January 14, 2014

    I ‘m sending the response and documents of proof to my senators and congressman , and CFPB Also requested that they contact Fannie Mae and ask for an extenetion on my lease as it takes B of A several months to answer a response. Copies are being sent every radio, T.V stations and talk shows.
    January 16, 2013
    I received a certified letter notice in my home mail box when took it to the post office and they said that it had already been returned to the sender. The name was name listed in the notice so I did not know who it was from. The post office clerk said that they should send a second notice. I have received another one.

    B of A FM
    Page 7

    January 29, 2014
    I still had not heard anything from FM about my lease or received a February statement. I called the lease company Tripe C again as I called them two weeks ago

    And asked them if they had sent a certified letter to me. Joe said no and if I didn’t receive anything from FM stating any differently that I would then be on a month to month lease this morning he told me that his computer showed that my lease was up on December 31 2013. I stated that they had sent me a January statement and I paid it. He also said that he would email another company Carrington Leasing which is the next step up to FM about with them.

    my request. There are several layers of leasing companies involved it is hard to know who to contact.

    I did not hear from Joe so I called him at 3:30 this afternoon and he said that he learned that FM expects us to out of the our home on January 31 2014 in two days .
    January 31, 2014
    Today I called Carrington to payment February Lease payment they said that would not except it as the computer showed that I would be out today. I guess they are not even aware that the certified letter got to me so late that it was send back to them undeliverable. .
    I once again will be up all night wondering what will happen next.
    I informed the Triple C and Carrington in April that my husband was in a coma and that in the event that he did wake up he would have brain damage. I have kept them informed along as to his condition and that I was in the process of trying to get my home back from B of A. He did wake up after being in a coma for ten days.
    He was on life support for sixty days. I had to move him three times to specialty hospitals the whole summer this was taking place. Also on dialysis three times a week.
    This situation in April had delayed my response to B of A letters date in June.
    He is still not out of danger and just now recognizing his home.
    In the last four years I been prisoner in my own home afraid to answer the door or open the blinds.
    The constant harassment from B Of, FM, evictions notices, and depositions.
    In addition trying to keep my husband alive and take care of all of my other responsibilities.

    Page 8
    B of A FM

    February 04, 2014 Tuesday

    While waiting for my husband in surgery. I received a call on my cell phone from a
    Ms. Nilsa Arroyo Bank of America Office of the president in Virginia.
    Her phone number 877-471-4367 ext. 366001.
    She started by saying that B of A did not own my home and that FM did. And that it had been so long when the foreclosure took place.

    I told her I know every minute and sleepless hour when the foreclosure took place.
    I also told her that I was very informed as to the BAC of NY scam and that B of A was very proud to state on line that they had given 1,000 disabled veterans homes.
    And yet they were trying to throw one out of his home of ten years.
    She said she would contact me on Thursday Feb 06th 2014 to keep me abreast of her findings. At this point she had not review the package sent to her by our Texas Attorney’s General office.

    Noted: I have not heard anything from FM about extending my lease until I can resolve the issue with B of A. They refused to take my February 2014 payment which I tried to
    make via credit card on January 31, 2013. So I sent the Feb payment today in a cashiers check Express mail.

    February 08, 2014 I received a letter from Bof A Ms Arroyo stating that she would notify me on Feb 19, 2014 with news about my home.

    April 02, 2014

    To date I have not heard from Senator Cornyn’s office as to FM response to my plea to lease my home to us until we can get a VA loan which we have applied for or to get our home back from B of A.

    I have sent the lease payment for Feb, March and April.
    Today I received a letter from some attorney’s in Houston giving me a three day notice to leave my home.

    May 01, 2014

    We will be in court on May 1st for an eviction hearing , I ‘m requesting that FM give us the opportunity to lease our home until 2015 at that time the foreclosure will be removed from my credit report , Kevin will be in better health with his walking and hopefully his brain will improve.

    The other option is if we could find someone to purchase our home for a year.
    B of A /FM

    After four and a half years Fannie Mae has decided to sell my home back to us for a price of $150, 000 over the market value.

    Their offer was $271,000 which is ridiculous. I guess they are seeking all of their legal fees.
    I would like the $70,000 that I have spent also. There is no amount money that could pay for the suffering that we have been through especially Kevin dealing with his kidney disease.
    We have been back in court twice there was no mention of the offer only that they want to through us out.
    We could have been making house payments instead this punishment and harassment.
    . I believe at this point they are taking this very personally as I was told that I was the only one out of 20,000 homeowners that has fought them these criminals .

    Presently we are appealing our case to higher court meanwhile I’ spending all day and most of the evenings with Kevin at the hospital praying that I can have him a little longer and that I have a home for him to come back to.

    Chain of Events since Kevin’s death

    October 23, 2014 Kevin died in surgery.

    My attorney has file to the Appellate Court. He said that the court date will not come up until summer or fall of 2015.

    November 17, 2015 the Appellate Court renders a decision in Fannie Mae’s favor, again I will be afraid to walk out my front door. I must pay another $5,000 to take my case to the Supreme Court.

    I was 68 September 01, 2016. I’ve lost the most important person in my life.
    I have ten years to catch up on. I need help to keep our home. I have no other options.

    I learned today the Supreme Court is not an option as the Appellate Court has to authorize and they turned my request down.

    I learned that my home has already been listed on auction.com and that the auction will start on Feb 23, 2016.

    On February 17, 2016 a miracle happened. A gentleman stepped up to purchase my home and sell it back to me. Our offer to FM was $100,000. However, it seems that Fannie Mae’s attorney Sara Robbins said they would not sell my home to me.
    I was told that I was the only homeowner that has fought Fannie Mae out of twenty

    I just could not let them throw Kevin and his kidney machine in the front yard. I made a commit to him twenty five years ago to stand by him sickness or health.
    I did. Kevin was a special forces veteran and we paid for our home, working three jobs to do so.

    Thursday February 18, 2016 I had yet another Eviction sign on my door.
    I called my attorney. He said to just wait to see what happened.

    After fighting for six years and thousands of dollars in attorney fees, on March 01, 2016 Fannie Mae sent three constables, animal control, a lock smith, three pods, and some people to my home without notice. (I learned later that the people they bring to throw your belongings into these pods have no credentials or back ground check is done. I called my attorney he said they would probably leave.

    They did not leave. After an hour I realized they were coming in and taking my dogs and cats. Two of my dogs are medication for seizers.

    I called the missionaries that live close by. They came immediately and helped me get the animals out of the garage and in my neighbor’s back yard.

    The Constable then came around to the garage he said I could take my vehicle and leave. He would not allow me to take clothes or any personal items.
    I told him I will to take my husbands ashes and the flag presented to me at his funeral.

    I was able to take my husbands ashes and the flag as he was a Veteran.
    They would not even let me take my Bible or medications.

    I called two of my wonderful friends who took my cats and my little dogs.
    I had no where to go; I was in shock as I watched from my neighbors yard people throwing everything I own and work for my whole life into these pods.
    I was able to stay with my neighbors for only two days. On March 04, 2016 a friend called me to see if I was alright. I told her I was going to look for a home to lease.
    She said come and stay with us while you look for a home to lease
    At that point I thought the attorney would have my case filed and it would be for just a few days. Each week he said he would file my case in probate he hasn’t to date.

    In addition I have paid for storage to the Signature the company that took my belongings to the in pound yard. They delivered the pods to the Cube Storage in Frisco; paid them $1,600.00. The two storage rooms in Frisco are $500 per month.

    Also the moving company that unloaded the pods charged $700 because Signature would not bring all three pods to the Cube storage rooms at one time. They took all day to bring them.
    Most of my belongings are broken and includes crystal, antique furniture.

    My business suits and evening gowns were piled with dirt from planters, and my beautiful framed art work was just thrown into the pods. A lifetime of memories
    destroyed.

    My client’s files and all of my office documents are torn and mixed together with dirt from plants that were on the patio. My computer and my printer are broken and the monitor and Kevin’s lap top are missing.

    I found my jewelry boxes but the two small blue velvet boxes that our diamond rings were in are also missing. I’m worried about Kevin’s military medals I lying on counter to frame.
    They threw a refrigerator and pantry full of food in the garbage.

    My mother’s antique chandeliers along with my two chandeliers are still at my home along five ceiling fans and custom kitchen faucets.
    I have asked for them and even offered to replace them with new light fixtures.
    They sad no .
    September 19, 2016 I’m still living with my friends but must find a home to lease and get my business and continue the foundation work that my husband started for dialysis patients and their families. “Kevin’s Foundation”
    I do not have a home at this time and I’m still trying to get my home back.
    I purchased my home in 2003 in my name my husband I moved into the home together and were married nine years prior to the purchase of the home.
    The issue now is that if my home would have been put into probate the March 01, 2016 would have not happened. Kevin’s will has been probated appointing me at executor.
    I want to file a case against Fannie Mae and tie my home up in the probate court
    with Judge Copeland in Collin County. In March I filed a Lis Pendens
    how ever I can not find an attorney to fight for me . The fact is that in Texas our home is community property they only foreclosed on my home in my name. To date I do not have a home. My home sits empty.Lastly, I believe my case is not just a foreclosure it involves a conspiracy,discrimination and
    retribution .

    Please call me to discuss this matter further. Thank You Marilyn C. Brown My Cell: 214-223-9523

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