Thank you for responding so quickly. can you confirm , if you know, if I pay the money to attorney to file a lawsuit on monday, one week before date, that wont stop it correct? or I can spend the money with charlie and He is very good I know to try to get them to stop the sale, but only guarrantee is bankruptcy correct? thanks
djdavisla - The only method guaranteed to stop the sale is bankruptcy. If you retain an attorney immediately, it may be possible to get a temporary restraining order against BofA. Your attorney will know the proper procedures. But even with that, it will be up to a judge to decide whether or not to grant one. Even if the judge granted one, it only buys you a few weeks. So, again, there's no guarantee.
Also know that an attorney will cost you $25-50k in legal fees by the time everything is said & done with no guarantee you'll win. Be prepared to spend a lot. BofA has pretty deep pockets.
Getting a Rest Report from Charlie may be very beneficial to your case. I understand he has some good contacts at BofA. I would definitely explore that option.
Last edited by freedomwon; 11-10-2011 at 01:18 PM.
AS THE HAMPSTER WHEEL TURNS!
Yes, thank you again, Charlie is great...............and correct, the lawsuit we just settled last week on another property cost us $15,000 in attorney fees before we even got to trial. cannot discuss settlement, but in this case , I would definetly take it all the way this time , no settlement, my home, for 20yrs, .............A LIS PENDIS , I would think would stop any foreclosure, but I would go into chapter 11 before any sale , and I believe you can then wait 6mths and pull out of it and go back into bankruptcy again , however just takes LOTS of money to do these things, and if we had mmoney, we would not be so delinquent, catch 22.
I AM CURIOUS WHY THESE LENDERS ASK FOR THESE HUGE DOWNPAYMENTS,$30,000 NO ONE I KNOW THESE DAYS HAS THAT KIND OF MONEY LAYING AROUND
Just because they can! But it's certainly not very doable for most people. Charlie might be able to give you some perspective on that next time you talk to him. Perhaps each situation is different.I AM CURIOUS WHY THESE LENDERS ASK FOR THESE HUGE DOWNPAYMENTS,$30,000 NO ONE I KNOW THESE DAYS HAS THAT KIND OF MONEY LAYING AROUND
AS THE HAMPSTER WHEEL TURNS!
Okay, so here is the latest. Received a phone message today from rep that has been assigned to me from Barbara Desoer's office. She just left me a message with her name and number to call her back. Did so only to find out she is out of the office until 11/21. Called other numbers at BofA to get some sense of why this person was calling me. Found out from some notes in my file she was calling to 'offer me a repayment plan'. She and I alread had this conversation last week, with my payments being $5700 per month! For 12 months to bring me current. Unless she has a better deal, we have nothing new to discuss. Well, I left her a message letting her know that I returned her called. Even tried to contact her supervisor, only to reach his voice mail!Originally Posted by freedomwon
I did check the Recontrust web site, and the house is once again listed for a sale date of 12/14...This is getting old real fast. I have yet to receive notice of such.
I know here in Michigan they do not need to inform you of a new sale date once they postpone it. They can reschedule a sale without any further notice to the homeowner. I believe the maximum postponement of a sale is 30 days-you are wise to continue checking the Recontrust site. It stinks that she is out of the office until the 21st-really doesn't seem fair that time is being wasted for you!
Grimmhope - I know how frustrating it can be. The bright side here is you've bought yourself another 30 days. The hardest work you'll do is work towards getting subsequent postponements. Since you've got a contact at the OOP office, I would suggest you document in a letter your attempts to return the call only to get the outgoing voice mail message that she's out of town. I wouldn't be surprised if when she returns, she will only be around for a few days, then be gone again for several days over the thanksgiving holiday.
As you move forward with this journey, there are lots of unknowns. Document everything in writing. Here's the address to the OOP office:
Bank of America
100 North Tryon Street
Charlotte, NC 28255
We all know the most important part of any business transaction is to "get it in writing"!
AS THE HAMPSTER WHEEL TURNS!
My sale is for next tuesday 22nd. i had a loan mod but returned paperwork as I did not have the $30,000 downpayment, trying to sell my only car now, so guess i will have to rent one. they put me for sale two weeks ago, used old date from jan 2011 nod. so fast... now they asked for allmy financials again, ASKED IF ANYTHING HAD CHANGED FROM 2MONTHS AGO. i did not answer. so, today i called one of names on the letters they fedx to me daily, i asked, "if i am back in active loan modification , I should not be with auction date correct? he said yes, he would check into it, i also sent same query to barabara desoer. but have never had return from her office
Why not send them a proposal to get the monthly payment to 31 % of your gross income per month. If they refuse to go to 31 % with a 2 % interest rate for at least 5 years, ask them to forebear the 30,000 with a non interest bearing balloon payment, due at the end of your 30 year term. That seems like a reasonable solution to me! Put it in writing & fax it to them along with your confirmation that you "re-applied" for HAMP. And the proof that shows they signed for it & received it. Include in your letter in big bold letters: ACTIVE REVIEW STATUS.
Fax your letter to all these departments:
Hope department 1.800.658.0395 (fax number)
Home Retention department 1.716.635.7255 (fax number)
Advocacy Dept 1.866.261.6472 (fax number)
MHA Escalations Unit 1.866.382.0489 (fax number)
Homeownership Retention Department 714-792-5227 (fax number) new division in Brea California
All it takes is 1 person in 1 of these departments to get your file re-coded properly! I realize it's very unsettling with a sale date just 1 week away. Think positive thoughts!
Keep fighting if it makes sense to stay in your home!
AS THE HAMPSTER WHEEL TURNS!
thanks so much..............doing this now...... I think my loan is too big for hamp, do they have limits? I had a great loan mod, 2.25 percent 5yrs. , i hope they will go back to that , just did not have the money, EXCELLENT SUGGESTIONS THOUGH, doing this now............
Yes, for HAMP, it needs to be $417k or less. My apologies, I thought you had applied for HAMP. 2.25 for 5 years is very good! Keep up the fight!thanks so much..............doing this now...... I think my loan is too big for hamp, do they have limits? I had a great loan mod, 2.25 percent 5yrs. , i hope they will go back to that , just did not have the money, EXCELLENT SUGGESTIONS THOUGH, doing this now............
Do you have an account with LPS so you can track the status of your sale date? If not, let me know & I can post a link for you.
Last edited by freedomwon; 11-15-2011 at 01:04 PM.
AS THE HAMPSTER WHEEL TURNS!
Actually it is $729,750 or less for a one unit property for HAMP.
Last edited by Cat Damiano; 11-15-2011 at 01:03 PM.
Best Regards,
Cat Damiano
LoanSafe.org Moderator
The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.
Oops, my mistake. I was thinking it had to be conforming.
AS THE HAMPSTER WHEEL TURNS!
I also tried to contact her supervisor and didn't get a response there either. So much for going uo the chain.
You won't beleive this. I just called my rep again just to leave yet another message and guess what...I now have yet another rep that I was coneccted to and left a message. I really didn't know what to say when I got this person's voice mail and was caught off guard.
This is now rep number four (4)! Go figure.
A lis pendens will not stop your trustee sale. A lawsuit will not stop a sale. A lis pendens is a "Notice of pending Action". The language in the text of the lis pendens is critical to establish probable validity of the filer's real property claim.
If another sale date is noticed then you must challenge the trustee. Use some of Freedomwon's brilliant tactics.
I believe you! I've suspected all along, they hire temps for these positions. It's like a revolving door there! I'm right with you, I know how frustrating it can be.
AS THE HAMPSTER WHEEL TURNS!
""" Use some of Freedomwon's brilliant tactics.""" YES, THEY WORKED, ..........AND SHORT TIME PERIOD. UPDATE.............
So, I faxed, printed receipt, fedx with tracking number, today got call from man with Bof A in texas? 214 number. he said my negoiator got all my information. and...........MY SALE HAS BEEN CANCELLED.... he did not say postponed. I repeated..cancelled? (THANK YOU FREEDOM).............. THE PROBLEM...... i checked on recon trust website and it still shows for nov 22, tues. I called the sales line and it still is on there. I called back to texas and he told me that there is a 48 hr lag, but all the bank of america paperwork will now show it cancelled, I did not bother recording his statement as i /we my familyy had that in our idaho property and it was worthless, they foreclosed anyway and then in court cited that all agreements must be in writing, I cant wait till 48hrs, as that puts me at less than 24hrs before a sale happens on tuesday morning, Charlie or any of the postpone ment companies I am sure need min of 48hrs to get involved. IDEAS? i NEED THIS IN WRITING, i dont trust bank of america , with good reason.
Djdavisla - You already know by personal experience BofA doesn’t put much in writing. Here’s what I recommend as your next step. Save to your desktop a screenshot of where your property appears on the Recontrust site starting today & everyday up to and including next Tuesday. Tomorrow morning, call Recontrust (have your trustee sale number handy) & confirm the sale has been cancelled. Tell them you verified with BofA that instructions were given to them to cancel the sale. And that a BofA rep assured you it shows in their internal system as "cancelled".
AS THE HAMPSTER WHEEL TURNS!
Thank you again for all the suggestions and help. I proceeded to copy everything, as of 3:30pm today my property is still listed for sale next tuesday nov 22 2011. ONLY TODAY THEY NOW HAVE A MIN BID AMOUNT. so looks like things are worse than better. I called talked to two nice people at recon trust, both said "SALE IS ON FOR TUES NOV 22." not what i wanted to hear. my negoiator cecila robinson calls each day but she says ONLY A REQUEST TO INVESTOR TO DELAY has been made and to call back in the morning . friday nov 18th which gives me only 48 hrs before sale at 11am tuesday 22nd. Mr brett wright who told me it was cancelled, well, sursprise, no calls from him, and he used to pick up his phone, immediately, even if my number is blocked, this is EXACTLY what happened with the idaho property bank of america foreclosed on after we got a phone message saying our loan mod was approved send your recent bank statements, sursprise... your property sold last friday, then no phone calls. not sure how to proceed, dusting off that bankruptcy file, will do a dry run monday , see if i can change the dates and they will accept..... ideas? thanks
I've been playing phone tag all week (again) with rep number 4 and have yet to speak to her from BofA.
When you call and leave a message, which you will because they never pick up, make sure you document (and they know it) whenever I call and leave the following message. " I am calling at 3pm today is nov 17 2011 my loan number is xxxxxx, I am documenting my 4th call to xxxxx, i have not recieved a call back and her message states she will call me with in 24hrs, this has not happened, xxxx message refers me to xxxx, i have also left 4 messages there aslo, I will now call and leave a 5th message and document my call. again my loan number is xxxxx and i am not gettign calls back contrary to what xxxx and xxxx phone message states.................ALWAYS i get a call or fedx letter back from bank of americ when i do that, but all it does is start the cycle all over again, unless you give them your cell phone and pick up immeidately when they call
I am still fuming, cause I have not even gotten the settlement check from bank of america from when they stole my home in idaho and then they go and file auction on my home here............ they are truly evil
Current update, this is what I just received after reviewing my NACA file. Not what I want to hear: - NACA PLEASE BE ADVISED: file has already been reviewed on multiple past occcasions. The decision notated in the Naca database as of 3/28/11 still remains our formal decision. The member has already had 3 past loan mods, and has thus maxed out the number of loan mods allowed by the investor for the life of the loan. The member has already been fixed at a 3.500% rate which, when combined with the current naca budget monthly gross of $ 10,133 = an affordable 24% PTI. The loan is deemed affordable in its current structure and is within establashed Naca affordability guidelines. The member has not complied and made punctual payments as promised with any of the past loan mods we have applied for her. The member is welcome to contact our collections dept at 1-800-669-0102 to inquire as to potential eligible and qualifying repayment plan options that may be available to her. Thankyou again, kindly**** DANGELLO NACA ESCALATIONS
Sale is still on for 12/2011
djdavisla - When you look on the calendar, you should see 2 different amounts. 1. Notice of Sale Amount 2. Opening Bid Amount. Have both those numbers been input? Call Recontrust or have a friend call for you & ask what local paper they use to advertise their trustee sales for the county where your property is located. Next thing you will want to do is find evidence it got published in that paper 3x just prior to your sale date. This is one of the legal requirements Recontrust must follow prior to conducting a Trustee Sale in Ca.
Grimmhope, I'm not familiar with trustee sale laws in Virginia, but you may want to see if publishing the trustee sale 3x prior to the sale date applies there. If so, you need to follow the steps I've mentioned here in this post. Since you've already been granted a loan mod 3 times, I don't know there's much more you can do there. Some of us can't even get a loan mod JUST ONCE!
Last edited by freedomwon; 11-17-2011 at 04:45 PM.
AS THE HAMPSTER WHEEL TURNS!
Are they under court order to pay it in a specified time frame? Once you get your attorney fees taken care of, would the balance take care of the 30K they are insisting upon?
AS THE HAMPSTER WHEEL TURNS!
I would not believe the bank about stopping the foreclosure. You might try to challenge the Trustee directly by writing them a letter stating that your 14th amendment rights will be violated if foreclosed on, and action can be brought against them for damages under Title 42 section 1983 of the United States Code. Request you stop sale on my house.
If this is the first sale you might be able to get it stopped by continuing to hit them on the violation of your rights. Fax them notices, mail them notices, tell them they are interfering with your right to get a loan modification completed with the lender. Tell them to contact the lender. Keep looking in the paper they must advertise in the paper for three weeks prior to sale. If it is not in the paper or on their site their will be no sale.
Freedomwon, does this also mean that the RestReport will not help me? Am I doomed??
I'm not so sure. My main concern for you now is that you've already been granted loan mods 3 different times. Give the folks at Rest Report a call tomorrow, tell them that first thing so you're efficient with everyone's time. See what they have to say.
From a bankers point of view, given your history, your loan is not a good risk even if a Rest Report shows differently.
AS THE HAMPSTER WHEEL TURNS!
Thanks, I sent them an e-mail with the same info. Waiting to hear back from Charlie and crew.
Thank you again everyone. yes, down to the wire here, have been here before, it never gets easy, cant sleep. its always been a family member and this time its my personal home. I will try the recon publish angle first thing in am. the dispute letter of debt dispute, worked immediately for my sister on her house with bank of america, but i have sent it twice for mine in past two weeks and nothing, sale still on. . so if sale is not cancelled in the morning, I try everything else listed again and then monday get ready for bk which i hate to do, cause it will throw everything off track. Freedom, yes, once i get my settlement (they quote 20 bus days) which is about a month, the funds are still short what i would need for downpayment on mode, I had hoped to solve other problems with that money but its not hear yet and i would not be surprised if bofa took their time, i remember the video of couple who was forced to foreclosue on a bank of america office with the sherrif to get their money.....thank you to all for your advice
also, does anyone know the most recent , best fax numbers for recon trust? the ones i try are disconnected, ca? tex?
Here's the numbers I have on file, although I haven't used them in quite a while.
Recontrust
Phone: (800) 376-4140
Fax: (972) 498-5909
AS THE HAMPSTER WHEEL TURNS!
BINGO....... sale postponed, till dec 28th 2011. freedom, cat, tom,sherrif, all of you, and the rest, your posts are so much appreciated. you SAVE HOMES. so.......thank you.......ok sharing.... 1. past month i have faxed to all the numbers freedom listed, copied the letters, with my information, faxed always twice to each number.
2. last night I checked recon site, at 12am still listed. since i could not sleep, i took freedoms recon letter and put my info on it, looked at all my reconfax numbers going back to 2008 (i never got a mod up until this past aug 2011 then i returned papers , but did nothave 30k to send, a couple months later they put sale 22 days away. anyway, i faxed to recon...THESE NUMBERS 805 520 5019 214 209 5212 (this no is always busy, last night was not picking up)866 905 0820.... also, I always fax to a no. where sasha in office of pres is. she says everyone gets it. 972 248 0603 BIG THANKS
I have been embarrassed to share, and not posted but I have been at this since 2008. so many of my neighbors gave up after a few months, and we did lose the one house in idaho to bank of america, cause we got commfortable and trusted that a phone message was ok, well, it wasnt, and i cant share particulars now cause we signed confidentiality agreement with bank of amer. yes, we sold out , but its hard to fight out of state , especially small town....sadly they dont share the same rights we do in bigger cities. cause of our voices.
anyway, our loans are large, and so people might think, why dothey need help. yesterday in the media they showed, well known wealthy person the demonstrations, we were never wealthly but this crisis has wiped out people like us who worked hard , built businesses and watched our business, our friends, relatives lose everything, so I have fought for over 4 years now, repayment plans, loan mods. just now are the banks giving us loan mods, everyoneelse we started with gave up. SO DONT GIVE UP. even with hundreds of thousands of dollars added to principle, when they amortiz for 40yrs at rate 2.25, its lower than before, i believe they should have done principle reductions but its still better than before, so, thanks to this site we have held onto all our properties except one and we will use every options to continue. 4yrs and hundreds of thousands of dollars in back payments, but we also started truly from scratch and when you started at min wage jobs and believe in "american dream" you hold on and fight for it. I think freedom or tom said in one of the posts... this mess is ever changing, so you hold on and see what each week brings and stay in your home .
That's very good news! Historically, the banks don't do much between Dec 14- Jan 3rd. I'd be really surprised if the sale really happens on 12/28/11. For now, you can relax, enjoy your weekend & the Thanksgiving Holiday next week.BINGO....... sale postponed, till dec 28th 2011.
Thanks for sharing your story & having the tenacity to NEVER GIVE UP!
It's important to stay in your home as long as the law will allow ie; beyond foreclosure, trustee sale, unlawful detainer, etc. Have some form of presence until the very end! It sends a strong message to the banks the American People will not stand for being treated as they have by the banks.I think freedom or tom said in one of the posts... this mess is ever changing, so you hold on and see what each week brings and stay in your home .
I'm sorry to hear you "sold out" on the Idaho home. In the end, you did what you needed to recoup your attorney fees.
Last edited by freedomwon; 11-18-2011 at 11:08 AM.
AS THE HAMPSTER WHEEL TURNS!
Still waiting to talk to RR people. I did finally speak to my rep at the bank today, after 2 weeks. The repayment plan that they are prepared to offer me is outrageous to say the leasst and is not an option for me.
The other two options that they say are available to me are Deed in lieu or short sale. The short sale dept won't talk to me until I have a realtor and have listed the property. In the mean time, I was told the new sale date is set for 12/19.
Grimmhope,
It may be better if you call them directly;
Levi Walker
Direct: (760) 858-2682
Office: (877) 663-4392 ext. 117
levi@loanmodhelpcenter.com
Leonard Bruno
Homeowner Advocate
Direct: 619-202-0037
Office: 877-737-8440 x126
Leonard@loanmodhelpcenter.com
Charlie Rose
President
1-877-737-8440 x103
charlie@loanmodhelpcenter.com
Best Regards,
Cat Damiano
LoanSafe.org Moderator
The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.
Thanks Cat Damiano, I've got a dialogue going now with Dave. He's checking into some things and is to get back with me. Guess he wants to do some home work first.
I need to know how things work with filing a bankruptcy. Does that stop the foreclosure, what if the judge does not allow the postponement or a mod? What happens? As I am clueless on this process. Just trying to look at ALL options at this point. Will the judge say I am too far behind or what??
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