
July 25, 2008 from the SD Union-Tribune
The second time he defaulted on the loan, Countrywide issued a “notice of trustee sale,” advising Aguirre that his house would be sold at public auction at the San Diego courthouse at 10 a.m. on July 21, 1997, unless he made good on his obligations.
Aguirre received his first notice of default from Countrywide on Jan. 13, 1995, according to documents filed with the San Diego County Assessor/Recorder/Clerk. He was $21,401 in arrears. His second default occurred in March 1997, when he owed $16,742 in overdue payments. In both instances, Aguirre forestalled the foreclosure proceedings initiated by Countrywide by paying the overdue loan amounts.
Asked in a phone interview why he twice defaulted on the loan, Aguirre replied, “Because I didn't make the payments,” but declined to elaborate. He said his decision to sue Countrywide was not influenced by his personal experience with the lender. “I like Countrywide. They were very nice to me,” Aguirre said.
Which raises the question of why Aguirre accused Countrywide in his lawsuit of “engaging in a pattern of unlawful, fraudulent or unfair predatory real estate lending practices...” Meantime, he announced his intention to sue other major lenders in San Diego, including Wells Fargo Bank, Washington Mutual and Wachovia. hat tip to shadash for passing this along