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Well my 40k friends and community. My big day happens tomorrow.

Short Version, in 2008 I lost my job and faced a financial hardship. I applied and tried to get a modification since my loan was FHA. GMAC did everything they could to hinder and and stop me. In Feb 2010 they entered me into a foreclosure. During this time, they lied, committed fraud, breech of contract as well as other appalling actions. In 2012 the foreclosure was thrown out (GMAC Vs Silber, hartford superior court). It was said all my defenses and counterclaims to what they cost me since I owed tons of more on my house and now all programs to save my home through a modification had expired, could not be heard in a foreclosure defense. So I SUED GMAC (silber Vs. GMAC Hartford superior court), GMAC had the case moved to a federal court (silber Vs. GMAC US district court, district of New Haven CT.) and at the time I did not know why. That federal case was then stayed due to GMAC filed a bankruptcy in NYC, Lower Manhattan BK court (ResCap Bankruptcy, 1 bowling Green Lower Manhattan NYC).
I chased them into their bankruptcy, filing claims and forms and have been going back and forth litigating them since then

Well tomorrow is the big day. I travel from Connecticut to NYC Lower Manhattan and finally have my day in court against GMAC. The Judge will determine my claims valid awarding X Y and/or Z, or he could determine I get nothing under the rules of bankruptcy, or my claims do not have enough validity. He could also lift the stay on my federal case and allow me to continue my federal court case, i think. However history of public documents shows he has addressed majority of the claims filed by 1000's and made a decision in his courtroom ( in most claims, its just people asking for millions with no substantial backing or even a complaint against GMAC).

In either case, I am as prepared as I can be. I have countless documents, and evidence, as well as evidence GMAC has provided that can be used against them.

I can not say I am not a little nervous. Its been very bothersome and tiresome at times, and though I have lost a few battles along the way. Tomorrow, hopefully I win the war.

I have been Pro-Se since day 1, representing myself through it all.

Wish me Luck,
-TS

As some may know, i was a IKF/IKSA Kickboxer and MMA-NHB fighter back in the mid and late 90's (prior to MMA actually being MMA it is today). I left the scene undefeated after winning a championship belt in 1997 and defending it through 1999. I left because the sport was becoming more commercial and less traditional, facing competitors with little honor or integrity, it made me hate them and frankly I didnt want to be angry anymore, lol. I felt I accomplished everything I wanted and left. But every now and then through the years, like any other Athlete or whatever, I always felt I had one big day left, 1 last fight left. I never knew my fight would be in a court room...

FAQ
I have lost some friends because of this, some people have asked why should you get help when you didnt pay when I paid my mortgage, others claim they were against bailouts for banks, so I suck.... So heres a little facts.

I had an FHA loan, I paid into an FHA insurance policy every month, that FHA policy protected me in case of financial hardship. If you have house insurance and your home burns down due to events you can not control, you expect Statefarm to compensate you for your models.

I lost my job, didnt quit, due to the recession in 2008 and could not find a job, so started my own business in 2012

I paid my mortgage for many months on my savings before trying to get a modification. Sole provider for my 2 children and fiancee' at the time.

Any program I qualified for under FHA would not of cost the tax payers any further damages (other than the initial bailouts, which happened about 7 months prior to me asking for help if i recall correctly). Programs would of simply lowered my rate, extending my loan, and adding a balloon payment at the end of my X year mortgage giving me a principle reduction to help obtain a lower payments. But not erasing it.

GMAC had one of the lowest modification approval percentages, after receiving billions in help money. GMAC has the highest FHA insurance compensation to date. (FHA loans are backed by FHA insurance, while those policies tell GMAC they must due everything they can to modify a loan, GMAC did the opposite and hid it. MOTIVATION: If GMAC throws me out of my house in a foreclosure, and I owe 400,000 on my loan, yet they short sale my house to auction for $150,000, they would still be recouped the $250K through an FHA policy. So why bother helping people obtain a modification, since they can simply disregard and be compensate for the loan. Basically they were double dipping, got billions in bailouts in order to help people, instead threw people out and compensated on FHA insurance.

GMAC, is one of the only big banks that did all these terrible things, to hide behind a bankruptcy, and not take accountability in any way. Even Wells Fargo, the second worse has compensated tens of 1000's for their past transgressions.

Google Rescap KCC, on that site, you can see all the court documents revolving around the Bankruptcy, what a mess.

In 2012 during the Bankruptcy, GMAC liquidating its assets transferred all mortgages to new servicers. Ocwen Bank took over, and immediately attempted a foreclosure, not interested in trying to help, which does make sense since I was way past due for any programs. Luckily theirs an order, that says my house can not go back into foreclosure until my Federal Case with GMAC is resolved, which cant be resolved until GMAC bankruptcy is resolved, or it would auto lift the STAY on my federal case.

I am still in my house.

thanks for your time all, wish me luck.

Good luck

Its on like donkey kong

Good luck

best of luck to you man, so friggen stupid how hard it is for the little guy to win with some of these organizations.

flipping ridiculous... as you say, its insurance, you paid into it, you should have been covered.

So sorry you have to deal with this frustration on top of the hand life dealt you.

Well FHA, "the insurance". Actually said GMAC conducted themselves in error. Evidence to present tomorrow FYI.

It wasn't FHA fault, it was GMAC fault for providing wrongful information in their system to obtain modification approvals, in my case denials, like incorrect income and stuff like that.

Starting in 2011 or 2012 FHA has had more of a 'Inspect appose to expect' policy.

Gmac was the bridge, and hindered me, basically blew the bridge up between me and FHA.

While I was standing on the bridge.... Holding Kittens......

Pregnant with more Kittens....

Tsilber wrote:
Holding Kittens......

Pregnant with more Kittens....

FYI, this is now a phrase I will be using in my daily life. So, thanks for that.

I have to know how this turned out.

First off, for the record, I Left NYC and was on a train home by 1:30. So the Law office building that had a partial collapse around 2:00 had nothing to do with me....

So, I was incorrect. Todays hearing was actually more of a "Motion for summary Judgement hearings". This is when one party simply says everything the other party said has no merit and there is no need for a trial.

The Attorney for GMAC basically objected to all my claims I filed against them in their bankruptcy case, claims that have to be addressed prior to GMAC being allowed to conclude its bankruptcy. (The claims, are a mirror to my complaint of when i sued GMAC)


: Seems like I will have another day, and this was only round 1. The Judge will now make a order dismissing or sustaining the apposing councils objection to some claims, and allow some claims to move forward in a hearing.

Go get em tiger.

Though not entirely certain isnt most legal proceedings usually behind closed doors and confidential?

Yeah, I wouldn't say any more online till the entire thing is finished one way or another. Don't want the internet to ruin your chances of success.

U guys might be right. I didnt recall a hush order however. And all results of the hearing are posted online at kcc rescap site. All documents and results are public. But ill edit specifics from today. Thanks guys.

Tsilber wrote:
U guys might be right. I didnt recall a hush order however. And all results of the hearing are posted online at kcc rescap site. All documents and results are public. But ill edit specifics from today. Thanks guys.

That doesn't really matter. It's more an issue of "anything you say may be misconstrued against you."

 Desubot wrote:
Though not entirely certain isnt most legal proceedings usually behind closed doors and confidential?

No, almost all legal proceedings are a matter of public record.

Corporate, not family.