POSTED: Monday, June 18, 2012 - 10:32pm
UPDATED: Monday, June 18, 2012 - 10:36pm
Claims Wrongful Foreclosure Through Fraudulent Documents
El Paso, TX — We've followed the story of a woman, Bea Huml, who says she's being wrongfully evicted from her home.
Huml says the county of El Paso is taking orders from the bank through fraudulent paperwork.
Bea Huml is fighting to keep her home. County constables forcibly removed her from her home last week. She was expecting them though because this eviction process has been going for more than a year.
Huml says she paid her mortgage on time every month so, she assumed the late notices from Citibank were a mistake. But then, the bank started returning her checks. Turns out the bank had started applying her mortgage payments of $900 a month to an Escrow account, something she never authorized. So now she was delinquent and because she lost her job she was not given a grace period and no opportunity to work out a payment plan.
We spoke with her moments before the constables arrived.
"CitiMortgage foreclosed on the house claiming that I had not made payments on the loan. I had. I have proof that I had. I don't want my money back. This is my home and I have the right to be here," said Huml.
But then it got even more complicated. Her case got passed around from a Justice of the Peace, to a State Court and now to a Federal court. And because it was now in litigation, she filed for a temporary restraining order against the bank from the Federal court and was granted one, unbeknownst to the County Attorney's office the day they arrived.
"One day they tell me yeah you're ok you're litigating. The next day they say we're coming back to evict you tomorrow. The laws are not defending me the homeowner. You know I presume that people are innocent until proven guilty. I'm guilty until proven innocent," said Huml.
Bea Huml's attorney Richard Roman arrived in time to tell the constables there was a temporary restraining order against the bank in place. The constables said they would only verify this if he accompanied them to the court house.
"It appears they're not honoring the judge's order. The county attorney is challenging his authority (Federal Judge) to issue a restraining order," said Roman.
Eventually the constables backed off and left Huml alone that day. But when we called the County Attorney's office for comment, they told us they had nothing to do with this case. It's between Ms. Huml and the bank.
Richard Romans says there's something else going on..
"Somebody is signing they're name off on documents to take people's homes and they have no first hand personal knowledge of what's in those documents. They're fraudulent. It's against the law,” said Roman.
Its called robosigning and after Bea Huml and Richard Roman did some research, they found that many foreclosure and eviction cases carried out by the county for the bank, have been signed by a woman named Beverly Mitrisin.
"We don't have County Clerks that pay attention to what papers are being filed," said Huml.
Huml says there are different looking signatures for Beverly Mitrisin. She says they're being forged. We called Beverly Mitrisin, who said she cannot comment because she works for different law firms. We would have to contact the one specifically handling Bea Huml's case. We have reached out and are waiting for a response.
We reached out to the bank, CitiMortgage to ask for a comment and they responded:
"Over the past year, Citi has significantly enhanced its oversight of mortgage foreclosure law firms. These enhancements included strengthening policies and procedures, hiring dedicated resources to oversee law firm performance, and increasing the frequency and scope of Citi's onsite law firm audit program," said Mark Rodgers, CitiMortgage spokesperson.
"My client wants her day in court. She wants the opportunity to prove everything that she's saying that the document's fraudulent," said Roman.
We have reached out to CitiMortgage for further comment about the possibility that these documents were robosigned.
They tell us they are looking into it. The County Attorney's office has not responded about how they're working on preventing this from happening.