Postponing BofA Foreclosure Sale Date

**credit** · 01-31-2012, 12:52 PM

But will it work that fast? If I still had a couple of days then yeah maybe but Auction is tomorrow at 11:30am

**freedomwon** · 01-31-2012, 03:06 PM

Originally Posted by credit

But will it work that fast? If I still had a couple of days then yeah maybe but Auction is tomorrow at 11:30am

Unfortunately, that is the million dollar question at this point! I don't have a whole lot of faith the sale will get postponed since you've already defaulted on a loan mod. Just being honest. I know that's not what you want to hear. Only you can make a decision on where to go from here. It's a gamble either way.

Have you called & inquired with some Real Estate agents in your area to see if this is truly achievable in this time frame? Those are the experts you want to consult with on this issue. For instance, an agent that closed 30 or so short sale transactions last year knows how to get things done in this market. That's what you absolutely need if you're going to pursue this avenue.

**credit** · 01-31-2012, 04:41 PM

Spoke with the short sale department and they said once a short sale is initiated it will normally cause a postponement but no guarantees. Short Sale department is on the West Coast so I will be calling in a few minutes. The loan mod lady here says the mod is past underwriting but doesn't know if it will get through and that an internal postponement was setup but that doesn't mean it will be postponed.

**credit** · 01-31-2012, 04:43 PM

Called two agents that I know and they hate bank of america but will do it. They don't think it can be done that fast unless I go through short sale department.

**credit** · 01-31-2012, 05:30 PM

Short sale department was a NO go. Lady tried to put it through but the system just kicked it out because it was to close to the Sale Date. It was a fun ride. I have money stacked to the side but I just didnt want to have to move right after the baby is born and while my wife is recovering. Wish I had just done the short sale upfront and wish I knew about loan safe a month ago instead of just creditboards.

**freedomwon** · 01-31-2012, 06:51 PM

Hi Credit - It's not over till it's over! This is nerve racking I know. Sometimes sales do get postponed just before the scheduled sale time. Know that you have taken all the right steps with what time you have. I would take this up again tomorrow morning & start calling the loan mod lady. Then call the trustee to confirm they received instructions to postpone the sale. If trustee can not or does not verify, call the loan mod lady back again. If you really want to stay in your home a while longer, be RELENTLESS with your calls tomorrow morning. Like a fly on a horse. LOL

I'm glad you were smart & saved a "stash of cash". That does make things a little easier.

**credit** · 01-31-2012, 07:22 PM

yeah i didnt really want the house but now that i look around it is home. just wish i was leaving on my terms. i do plan to keep fighting tomorrow morning. i thought it would be eaiser then this to get it postponed i mean im ionly asking for 30 more days. lol. but of course i would try to stall more then that if they give me a postponment. lmbo

**credit** · 01-31-2012, 07:27 PM

Is it true that you cant get on the hamp with fannie mae if you defaulted on a permante mod that wasnt HAMP?

**freedomwon** · 01-31-2012, 07:53 PM

I've heard that from other members on the forum but can't verify it myself as being fact since I have not researched it. Hopefully someone else may chime in with a more concrete answer.

**credit** · 02-01-2012, 07:53 AM

Just got it canceled. Thank God. Thanks guys

**desperateinky** · 02-01-2012, 08:04 AM

Congratulations Credit...I know it only gives you the ability to breathe "short term", but at least its something. I was given 30days - give or take a few days- and I'm now running around trying to get together as much money as possible to hopefully do some type of reinstatement and payment plan on the arrears??? I know its a long shot, but i'm going to give it my best!

Good Luck!

**credit** · 02-01-2012, 08:50 AM

Thanks. The law firm said it was canceled, so i dont know what that means as far as the next sale date. Just said that boa agreed to cancel it while waiting on mod review. I will let you know the out come and will still be checking in with everyone here. thanks again.

**freedomwon** · 02-01-2012, 11:14 AM

Congratulations Credit - You worked hard to make it happen! You should be proud of yourself! I'm pleasantly surprised it got cancelled. Somebody in the internal process of BofA actually did go to bat for you! A temporary sigh of relief!

Now that you've got a little more time, perhaps you'd like to have the short sale option as a "back up plan". You can take some time to research & find the right agent. I truly hope you get the loan mod, but just in case you don't, good to have an alternate plan.

**credit** · 02-01-2012, 11:19 AM

yeah its proably going to be a short sale for sure. I will see if there is any updates by Friday and check to see if another sale date is set. then i will go from there. just happy to have my second child in the next week or so without looking for a place to go also. here in VA they only have to notify you 14 days before the sale.

**desperateinky** · 02-02-2012, 09:24 AM

Hi Credit,
I actually have another suggestion for you....I am not familiar with Short Sales, I've never looked into one or even discussed it with anyone so I don't know if that is a good option or not....But here is something you might try before giving up:

BofA has a twitter where you can contact them for help.
The twitter is: BofA_help@twitter.com
If you don't have a twitter account you will have to set one up, but I think they are pretty easy to set up.
When you send the twitter message, identify yourself using the name you use on this blog, and say that you were told about the twitter from someone on this blog.

Again, I'm not sure if it will help but it is at least worth a try!! Good Luck

**credit** · 02-02-2012, 09:43 AM

After reading how much they tacked on for foreclosure fees from your other post I dont know that I really want a Mod. I may have $70k-$100k tacked on the back.

**desperateinky** · 02-02-2012, 09:44 AM

did you see my post about the twitter?? you really need to try that before you give up on things.

**desperateinky** · 02-02-2012, 10:59 AM

I dont know, I was looking for a way to do that when I sent you that previous post but I can't figure out if its possible to do that??

**credit** · 02-02-2012, 01:28 PM

A little update. OOP office called again but of course he doesn't know whats going on. He is still asking me about the Short sale. Dude I was suppose to be foreclosed on yesterday and you calling me a day late when you wasn't even the one who got me a postponement.

Anyways talk to my loan mod lady and she says she got me on the fast track and that's why I am about 4 weeks ahead of schedule on this MOD. She stated that I was denied for NON HAMP of course because of default on the last MOD but got approved for MHA. Passed approve of underwriting and Auditor and now we are waiting on a Negotiator. She says that could take 3-4 weeks to happen.

No sale date schedule as of today.

**cheri** · 02-02-2012, 02:19 PM

Originally Posted by liboton21

Try the HAMPSTER: http://www.loansafe.org/forum/chase-...tml#post381104

Or call NACA

As far as I remember, they cannot foreclose if you are in HAMP. Someone in this forum will offer their advise.

Yes hampster wheel has lots of good info. But you can always apply for another modification, that should give you a few years.. good luck!

**credit** · 02-04-2012, 06:05 PM

Received letter from OOP. It was pretty detailed to my case and email that I sent. Said that I was approved for an MHA loan mod in the past but defaulted with in the first 12 months and per investor guidelines I am not eligible for additional mod assistance if a previously approved mod results in a default.

I don't believe it was a MHA Mod. They just took all the past due payments and stuck it on the end and kept the same high apr and keep the same pay off year and raised the payment $300 a month. Also never sent in income verification and didn't ask for a mod. It just showed up from Fedex out of no where.

**credit** · 02-06-2012, 11:33 AM

Just got trial MOD papers fedex to me today. Approved under MHA 31%. First payment March 1st. Loan MOD lady says this is a Record as far as speed of getting done.

**desperateinky** · 02-06-2012, 02:12 PM

Congratulations credit! Lets see, in the past week I have received 4 letters from BofA via the mail and 2 via FedEx.....all of them have different associate names & phone numbers listed, one of them was telling me I was declined for a MOD since I didn't send in the required paperwork within the alloted timeframe??? Not sure what that is about since the other reps I have talked to directly says they received everything, but still no news on a new sale date and/or a partial reinstatement. So we will see, keeping my fingers crossed and saying lots of prayers that things work out for my family....glad to see it worked out for yours!

**credit** · 02-06-2012, 02:24 PM

Thanks. It will work out for you too.

**freedomwon** · 02-06-2012, 02:41 PM

Hi Credit - Glad to see you got loan mod papers today. Are the payments below what you were paying before? Tell us how they compare. Keep in mind, it's only a trial. Your final mod payments will be different. Also, did BofA sign the documents they sent you? Remember it is not a valid contract unless it contains signatures of both parties.

**Crash Carter** · 02-06-2012, 02:58 PM

Originally Posted by desperateinky

ok, they denied me at first too...gave me the same excuse about the investor denied it and there was nothing he could do, so that is when I sent all of the faxes to the different numbers listed in this forum and I also called the reps manager. The manager is the one that ended up getting the postponement approved for me.

Did the rep that called you leave a phone number? if so...call it back, hopefully he/she won't answer and you will go to voicemail because the 5 people I've been calling over the past 2 days all left their managers phone numbers on their voicemail message stating if "you had an emergency" you could contact their manager. DO THAT!! I wasn't getting anywhere with the reps until I talked to a manager.

This is interesting, because my Rep from the OOP told me only the underwriter could postpone the sale.....

..

**credit** · 02-06-2012, 07:56 PM

Loan Trail Mod docs are not signed anywhere nor does it have a place to sign. It is not 31% of my monthly income but about $100 more. Says it is a MHA mod and states that because we filed BK 7 that we are not liable for debt. It came with 3 coupons and envelopes to mail in payments. Last Mod was $1500 back in 2010 and now Trial Mod is $850. Says that based on numbers our loan mod will probaly be 2% apr.

**jessiereva** · 02-17-2012, 10:17 PM

My home is already gone back to the bank effective 1/24 as it was not bought at auction. Nevertheless. I want to encourage others to stay on top of the bank and call, call, call. It was a 3 year battle that started with Countrywide. I received 2 denials under them, and then joined NACA after BOA took over. In the later months I bought the rest report and started with LMHC.I was fighting to stop the sale. Right up until 5 days before the sale date, my CRM at BOA had me to fax all documents to him and to the investors, which I did along with a copy of the rest report. Keep in mind, we staryed trying to stop it long before then, but was told nothing could be done more than 14days before date of sale. BOA is like a nightmare that will not go away. Then out of nowhere. I get a letter from BOA dated 2/7 saying the were not able to approve our MOD because they didnt get the needed documents. According to the CRM , he had all documents and more. 3 years of faxing documents,2 third party organizations assisting, 2 complaints to Office of the Comptroller, 1 complaint to the Dept. of Treasury, assistance from 2 State of Fla. politicians, Jose Rubio and Senator Bill Nelson, 3 written complaints to BOA's Office of the President, and yet still today, we're packong up the last of our belongings.Don't give up. it's so true that they try to wear you down.

**freedomwon** · 02-18-2012, 10:44 PM

Jessievera - You fought a long hard battle & didn't give up. At least you didn't make it easy on them. Who is the investor on your loan?

**Crash Carter** · 02-24-2012, 12:01 PM

I am still going 'round and 'round with B of A. Technically I suppose I am looking for a HAMP ~ payments are fine, but they have said I have not been paying the full payment and so now have a $19,000 balance due, and I am asking for a re-payment plan.
I have offered to pay the past due balance in full, and I am being told they may still proceed with FC!!!!

IN WHAT UNIVERSE DOES THIS MAKE SENSE?!?

My CRM calls every other day, and I have faxed a ton of stuff to them. He usually does not receive it, and calls me the next day to tell me so. He then practically accuses me of lying to him and that I have to prepare myself, as they may have to FC afterall! I then have to go back to the Branch and do it all over again. I have finally wisened up and have the woman at the Bank phone him and tell him exactly what she is faxing.

I think I am ready to be a lot more pro-active and so am looking for suggestions. I am finding that anyone at BofA can find that I am already working with someone in the OOP and so they never call back. Beginning with the Office of the Currency and the CA State AG's office, who else would you suggest contacting?

Apparently I need to show more income. I'd like to hear anyone's experience and details of a straw renter.

Thank-you so much.

...

**Crash Carter** · 02-24-2012, 12:03 PM

Originally Posted by jessiereva

My home is already gone back to the bank effective 1/24 as it was not bought at auction. Nevertheless. I want to encourage others to stay on top of the bank and call, call, call. It was a 3 year battle that started with Countrywide. I received 2 denials under them, and then joined NACA after BOA took over. In the later months I bought the rest report and started with LMHC.I was fighting to stop the sale. Right up until 5 days before the sale date, my CRM at BOA had me to fax all documents to him and to the investors, which I did along with a copy of the rest report. Keep in mind, we staryed trying to stop it long before then, but was told nothing could be done more than 14days before date of sale. BOA is like a nightmare that will not go away. Then out of nowhere. I get a letter from BOA dated 2/7 saying the were not able to approve our MOD because they didnt get the needed documents. According to the CRM , he had all documents and more. 3 years of faxing documents,2 third party organizations assisting, 2 complaints to Office of the Comptroller, 1 complaint to the Dept. of Treasury, assistance from 2 State of Fla. politicians, Jose Rubio and Senator Bill Nelson, 3 written complaints to BOA's Office of the President, and yet still today, we're packong up the last of our belongings.Don't give up. it's so true that they try to wear you down.

I just want to say how sorry I am. Best of luck to you.

**tiredofbofabs** · 02-24-2012, 06:05 PM

I must have posted in the wrong threat and just starting to read this. my sale date is march 1, l sent in loan mod paperwork, they were supposed to request the investor postpone but won't know for a few days. you guys got advacate, and attorney from B of A? Please help me, i do have bk papers in case but i'd like to put that off until i get a job PLEASE HELP ME. BEEN IN B OF A HELL FOR 2 YEARS.

**tiredofbofabs** · 02-24-2012, 06:25 PM

I just found this website yesterday and don't know my way around. I'm amazed that everyone is trying to unite against this b of a monster taking our homes but worse making us go through all the things they do because they don't care about us. i need help guys, someone??? i would like to post my story but dont' know where. i posted yesterday but it was probably the wrong threat and no one responded... any suggestion to postpose sale? is there someone I can talk to? monday is my drop dead date.

**credit** · 06-11-2012, 01:03 PM

Made my 3 trail payments now waiting on Final Mod papers.

**credit** · 06-18-2012, 03:19 PM

Ok sorry but I got my Final Mod papers last Monday. Made my last trial payment at the end of May for May trial payment. Got mod papers 12 days later.

Orginal loan was $135,000. 9%apr Was behind 36 months (sale postphoned a few times)

New terms

$185,000

2 % apr for 5 years
3 % apr year 6
3.75 % thereafter

$23,700 deferred with not interest and due on the last payment

Payment $837 per month going up to $978.58 year 7.

Thanks Everyone

**Cat Damiano** · 06-19-2012, 08:48 AM

credit,

That is great news, Congratulations to you!! Your persistence paid off and that is a really great fixed rate moving forward.

**freedomwon** · 06-19-2012, 11:23 AM

Hi credit - Good to hear you got acceptable mod terms. Be sure to take the countersigned docs & have them recorded on your property.

**illstay** · 06-19-2012, 01:12 PM

Originally Posted by freedomwon

Hi credit - Good to hear you got acceptable mod terms. Be sure to take the countersigned docs & have them recorded on your property.

Hi Freedomwon:

Is this something specific to your state, or across the board? Are you recommending it because of the many homeowners who have had their perm mod rescinded? I'm asking because I have my last trial pay in July. We started purge and pack back in March and I have refused to unpack anything until I get that permanent mod! It sure would be nice if something could defend against the bank reneging on a permanent.

**freedomwon** · 06-19-2012, 02:38 PM

Originally Posted by illstay

Hi Freedomwon:

Is this something specific to your state, or across the board? Are you recommending it because of the many homeowners who have had their perm mod rescinded? I'm asking because I have my last trial pay in July. We started purge and pack back in March and I have refused to unpack anything until I get that permanent mod! It sure would be nice if something could defend against the bank reneging on a permanent.

Hi illstay - my suggestion to record the permanent docs is not state specific & I do recommend it for everyone that is lucky enough to get back their countersigned docs. Without the countersigned docs, it is not a legal contract. Both parties must sign for it to be valid. It provides you some legal protection should BofA either renig on the deal or do some type of bait & switch. That has happened to many homeowners in the past with many of the loan servicers.

**illstay** · 06-21-2012, 05:24 AM

Originally Posted by freedomwon

Hi illstay - my suggestion to record the permanent docs is not state specific & I do recommend it for everyone that is lucky enough to get back their countersigned docs. Without the countersigned docs, it is not a legal contract. Both parties must sign for it to be valid. It provides you some legal protection should BofA either renig on the deal or do some type of bait & switch. That has happened to many homeowners in the past with many of the loan servicers.

thanks for the reply. I'm going to ask my rep about getting a copy of the docs when/if they send the permanent mod, and then get it recorded.