For 13 years Marie Treat has lived in a modest home in Auburn where she raised her two children. But for the past two years, she's been in a bitter battle with an international conglomerate intent on foreclosing on her home. "You have no idea what it's like to live day to day not knowing if this is going to be your home." Treat said
Three years ago, Marie Treat's original mortgage lender was taken over by Deutsche Bank and its subsidiary, Wells Fargo Bank. Her mortgage was turned over to America's Servicing Company which claimed Treat was in default. The matter was eventually turned over to the debt collecting lawfirm of Steven J. Baum.
The crux of the dispute involves $4,000 in mortgage payments in June, 2007. Treat says she made those payments but the bank says it never got them.
Treat says she's the victim of a scam in which a bank will force a homeowner into foreclosure. "They just so happened to prey on someone who wasn't going to take it lying down. I immediately got an attorney and I'm still fighting."
Tuesday, Treat and her attorney, Sam Giacona, were back in Civil Court in Cayuga County. She wants Judge Mark Fandrick to set a price for her home so she can pay off Deutsche Bank and refinance with a local bank. Deutsche Bank claims the price has gone up. The principal balance remains $81,055, but mainly because of interest and attorney's fees, the bank wants $119,582. Judge Fandrich wants proof that Treat actually did make those mortgage payments back in June of '07.
Attorney Steve Buschman who was hired by the Baum lawfirm to represent Deutsche Bank said outside the courtroom, "My client is not in the business of taking people's homes." He said the "burden is on her to prove the payments were made."
Judge Fandrich has set a hearing for December 22nd at which he wants to see routing numbers that may prove Treat wired mortgage payments in June '07 and was not in default to begin with.
Marie Treat has invited others with similar foreclosure problems to contact her at email@example.com