Postponing BofA Foreclosure Sale Date

[credit]

My wife and I bought the house we was renting back in 2007 CW was the orginal loan holder. My wife is the only one on the loan. Wife was laid off in 2008 and we stopped paying on the loan oct of 2008. October of 2009 out of nowhere BOA sent a trial mod with out us asking. I paid on that for 2 months and then the mod came through for the current interest rate that we had and raised the payments $300 so that the loan would still be paid off within the 30 years.

Well i accepted it but still wasnt able to afford it. So my home was suppose to go up for auction October 2010 but 3 days before that BOA froze all foreclosures. Well we was going to file BK7 2 days before sale date, but since they froze everything we waited. So we never heard anything else from them so we filed in May of 2011 and it was discharged in Sept of 2011.

Now we just got a sale date for Feb 1st. My wife is 9 months pregant. So I now need to stall this foreclosure for a month or two so she doesnt get stressed out with moving and all.

We recieved a letter about 2 weeks ago about BOA wants us to come in and speak to a loan specialists about Short sale, Deed in lieu, or Mod. I called yesterday and the lady set us up for Jan 24th and Fedex us HAMP papers.

Any Ideas on stalling this out for a month or two??

We are in VA

[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.

[Maurice Bedard]

You can also try calling the law firm handling the sale and get 30-60 days grace period. Their name should be on the mailing you received. I have done this myself and seen it done many times.

[credit]

Thanks for the help.

I had to change the appointment to Jan 25th with the loan specialist. I read some where that HAMP app has to be in 7 business days before the foreclosure date. We wont be within that time frame. Is that info Correct?

I have the email address to the paralegal in loss mitagation for the law firm from the last scheduled sale date back in 2010. She response within in a hour. Going to save the 30-60 grace period for an Ace in the back pocket.

[Maurice Bedard]

My pleasure.

They can do pretty much what they want since HAMP is not a law. Most all loan modification are at the servicers discretion and all you can do is fight like you are.

Good luck and please keep us posted.

[credit]

We will be going to meet with BOA today to talk to their loan specialist. We have to drive almost 2 hours to get there. I will update tomorrow morning.

[credit]

I looked online and found that Fannie Mae owns the loan. Can anyone give me some ammo on this?

[Cat Damiano]

Hi credit,


Here is all of the information about the criteria on HAMP and HAFA for the Fannie Mae backed loans;

https://www.efanniemae.com/sf/servic...nameddest=HAMP

[credit]

Went to the meeting last night. I had all the information that they needed. She is suppose to enter it today and then notify the foreclosure department to postpone the sale. She said it is not guarneteed that the sell will be stopped but more then likely it will. She has only see it 2 times that it wasnt postponed and that was because of incomplete files from the customers. She said that Mods are coming through alot faster now compared to 3 -4 months ago. She claims it will only take 5-7 weeks to hear from underwritting.

[desperateinky]

Hi Credit,
Just wondering...did the postponement of the sale date work? I'm at the 11th hour...my sale date is scheduled for this Tuesday (31st) and I still haven't gotten an answer on if they will postpone. I'm about to lose my mind with worry, the BofA advocator and the paralegal at the attorney's office just keep saying they are "looking into it" and I should check back, as of today at 4:00 I still didn't have an answer and they were all gone for the day :-(
this whole thing is devastating and the worse part of all is that I have managed to save 1/2 the money to pay the arrears and reinstate and a relative has offered to loan us the other 1/2 so we could pay the loan current if they would just let us do it :-(

[credit]

have you tried calling the law firm or sending them an email asking ifvit has been postponed. also have you faxed the letters to all the numbers that freedom has giving out. Also i have not heard if it was postponed yet.

[freedomwon]

desperateinky - Did I give you some resources for the trustee sale calendar? If so, were you able to find your property listed? I'm sorry you're having to go through this very "unsettling" experience. I know how you're filled with worry & anxiety. All I can suggest is try to do something relaxing & calming this weekend OR watch a good comedy. It may at least give you a couple hours relief.

[desperateinky]

Freedomwon - You didn't give me any resources for the trustee sale calendar, but I actually didn't need it as I have access to the local County Commissioner's website where they list the foreclosure sales in my County. Mine is still listed for Tuesday morning, but since I didn't get the call from BofA until 7:30 Friday evening I am assuming they haven't contacted the attorney yet to postpone the sale. Believe me....I am going to be on the phone at 8am sharp to make sure the attorney AND the County Commissioner have heard from BofA about the 30day postponement of the sale! I'm not trusting anyone with this except myself!! Thanks for all of your help and all of the invaluable resources you supplied.

[credit]

Just heard back that the Foreclosure denied request of postponing the foreclosure because we have had plenty of time to ask for a MOD. They said that the investor (Fannie Mae) said no.

[credit]

Also the last NOD I recieved in the mail was 8-15-10 and then the foreclosure papers on 9-20-2010 that was right before BofA did their foreclosure freeze. Shouldn't I have gotten a NOD before this new sale date 15 months later?????

[desperateinky]

Credit - I received the exact same turn down reason for the postponement on my foreclosure....that I had plenty of time to request a MOD...funny thing is, I DID request a MOD...SEVEN TIMES!! I have filled out the "packet" 7 times and have never once received a denial, an approval, anything final, only the letters saying they received my request and the process takes several months, etc, etc,. Now I received a call Friday evening from a man named "Mr. Hulio" (also claiming he is from the Office of the President, which we all know is completely untrue) and he tells me the 30day extension was approved but I've been on the phone all day with my attorney, the Master Commissioner, every answering maching in BofA, and no one has passed on the info to the attorney to tell them to stop the sale tomorrow. I had 2 days of feeling like I could breathe, and now i'm back in Hell!! I dont know what to do at this point.

[desperateinky]

You can also try calling the law firm handling the sale and get 30-60 days grace period. Their name should be on the mailing you received. I have done this myself and seen it done many times.

Moe, I'm in the middle of a new mess now and wondering if you have any advice: A man from BofA called Friday evening & said I was approved for a 30day grace period on my foreclosure. I was thrilled, cried like a baby & slept for the first night in weeks....Only to find out today, no one from BofA has notified the attorney of the extension so the attorney is moving forward as scheduled.

I called the BofA guy back and he said "we (BofA) own the loan and the attorney cannot proceed with the foreclosure without our approval so the sale will not happen tomorrow"...but the attorney says this is not true, they can move forward as long as they are not notified otherwise. I'm losing my mind!! Have you ever heard of anything like this??? What can I do, if anything?????

[freedomwon]

Also the last NOD I recieved in the mail was 8-15-10 and then the foreclosure papers on 9-20-2010 that was right before BofA did their foreclosure freeze. Shouldn't I have gotten a NOD before this new sale date 15 months later?????

Hi Credit - No, you wouldn't be getting a new notice of default. Once it's been filed it's forever valid. What you would get though possibly is a new notice of Trustee Sale if it's been over a year since the previous one had been filed.

Credit, have you taken these steps below?

First & foremost is to get that sale postponed. Here's what I suggest you do. Write a letter & across the top in BIG BOLD LETTERS: Cancel 2/1/12 Sale. Loan mod in "active review".


Fax your letter to all the following 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)

Add to the list above any other fax numbers you might have for other departments you've dealt with along the way. The idea here is the more people you can get to look at your fax, the higher your chances you'll get a postponement. All it takes is 1 person to re-code your file & instruct Recontrust to postpone the sale.

I know what they told you on the phone, but I must emphasize that all is takes is a different person to pick up your fax & take action on your behalf.

[credit]

Yes I emailed the presidents office and faxed the letters out. Waiting on a response now.

[freedomwon]

Yes I emailed the presidents office and faxed the letters out. Waiting on a response now.

O.K. that's good. I've been helping an increasingly growing number of people & sometimes it's hard to remember where each case stands. I'd rather post the helpful information twice than not at all.

[credit]

I just wish i had a way to check the update of the sale online. LPS doesnt cover VA. Recontrust works for another law firm in my area but not with the one that is assigned to my case.

Whats the longest anyone has been able to stay in their home after foreclosure?

[credit]

have you heard anything else in the last few hours?

[jessiereva]

Not sure what state you're in but my home is in Florida. I resubmitted paperwork (no missing Docs) 1/11 and was told you couldnt request a postponement prior to 14 days before date of sale. Wasnt sure why i was resubmitting docs as they had received a complete package week sbefore via the office of the President. House still went up for auction on 1/24 no one bought it so it went back to the bank.

[credit]

O.K. that's good. I've been helping an increasingly growing number of people & sometimes it's hard to remember where each case stands. I'd rather post the helpful information twice than not at all.

Are these people that your helping having success like you?

[freedomwon]

Are these people that your helping having success like you?

Many of them have come back & reported their success. What I encourage you to do is go over here My recent letter to BofA (Part 2) and post the question. Many people who've asked for help are subscribed to this thread. That might give you some feedback to go on.

[credit]

Still havent heard from OOP. Should I send another email because the sale is set for tomorrow.

Also I emailed all the lawyers at the law firm (Trustee)this morning (Found a spreadsheet online this morning with acutal emails) Have heard back anything yet.

[desperateinky]

Ok....I say YES, send another email, mark it urgent, and set up your email preferences so you get a delivery receipt and a read receipt back when they open the email.

Also, do you have ANY phone numbers for anyone you've worked with from BofA? I literally called every single number I had and just kept calling until one of them offered to help me. If you have any numbers, start calling them! If you don't have any, then get some off of this forum. There is a thread where people posted contact info, I know they ask us not to just call randomly but rather to wait until you have a negotiator assigned but you are running out of time and you need to talk to someone today!

Last, do you have a phone number for the attorney? I got the attorney's number & direct extension from the Master Commissioner who was going to be auctioning off my house! I called the attorney directly and her paralegal was actually the most helpful person I've dealt with in this nightmare. Sometimes a phone call gets quicker results than an email.

[credit]

Someone just called. He said that the first postponement was denied by the investor so he cant do anything. Then he ask if I wanted to do a short sale because I can do a DIL until after I did a short sale. Doesnt sound like he knows what he is talking about. Any more Ideas????????

[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.

[credit]

Thanks. I also actually got an email from the guy and it had his supervisor email contact info in there. I just emailed him like 30 seconds ago. I will give him 20 min to respond and then go from there. Thanks

[credit]

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.

Was the supervisor easy to get the postponement through or did you basically have to start begging? Was his name Adam?

[credit]

Also just to let people know the Calls are coming out of Buffalo NY. And the guys email signature said from the office of the CEO and President.

[credit]

Give a play by play for anyone that needs this in the future.

The lady we went to talk to last week called and said she got the packet rushed through underwriting and they checked off on it and sent a email over to the foreclosure department letting them know so that hopefully they will postpone it. So the packet is waiting on a negotiator now. Whatever that means

[freedomwon]

Someone just called. He said that the first postponement was denied by the investor so he cant do anything. Then he ask if I wanted to do a short sale because I can do a DIL until after I did a short sale. Doesnt sound like he knows what he is talking about. Any more Ideas????????

Hi Credit - I know that Fannie Mae changed their servicer requiremens back in October & are offering financial incentives to the loan servicers for quick foreclosures. I think this is where the problem lies. BofA is not on your side (but keep trying to get someone to help you). In the end, they will do what lines their pockets with the most profits. Hmmm...

Going to save the 30-60 grace period for an Ace in the back pocket.

Maybe now is the time to do that with the paralegal contact you have.

Also, do you have any e-mail contact info for the person you met with back on Jan 25th? That person would be good to contact as well in hopes they might have some authority to do something.

[credit]

Heard back for the OOP. We had a Mod back in Feb 1 2010 that defaulted within 12 months. He said he cant postpone it because a Mod will not go through for HAMP because we defaulted on a regular MOD. It wasnt HAMP for sure. Only thing I can do is short sale. He said to get an agent today have them log into equator or something like that and say that we have interest but dont have to have a buyer. Then he can send the postponement back through bc it will be a different reason and see if they will postpone from there.

[credit]

I have already tried the Law Firm handling the case. They emailed me back that they have spoke to BofA today and they are still dening the postponement. Guess they wont do it on their own.

[credit]

Law Firm said we will have 30-45 days to vacat.

[freedomwon]

Hi Credit - Either I missed it earlier or I just became aware that you already had a previous mod that you defaulted on. That definitely changes things. Moving forward, if you want or need to buy yourself another 4 months in the home, BofA is correct in saying you need to find an agent or a broker TODAY to take your short sale listing & get it entered into the equator system. You will need to sign the listing contract today.

If you're willing to go that route, call a few real estate offices in your area & specifically ask the question; "who is the top producing agent for BofA short sales in this office"? (let your fingers do the walking). That way you get someone with knowledge & experience.

[credit]

Spoke back to the lady we sat down with last week. She says they have done an internal postponement but someone else has to look at it and see if it is a go. But she brought up the default loan back in Feb of 2010 my hurt us here but we will see.

[freedomwon]

Give a play by play for anyone that needs this in the future.

The lady we went to talk to last week called and said she got the packet rushed through underwriting and they checked off on it and sent a email over to the foreclosure department letting them know so that hopefully they will postpone it. So the packet is waiting on a negotiator now. Whatever that means

I don't trust anything BofA people say over the telephone. That's based on my personal experience & thousands on this forum that have gone before you. You might want to ask her to send you a copy of the e-mail she sent over to the foreclosure department. I doubt she'll send it to you.

Reading your play by play updates here, I'd advise signing a short sale contract with an agent today. Especially if you want the added protection of remaining in your home for the next 4 months.

I need to go now, but will do my best to check back in a couple hours & see how things progress. Good Luck Credit. I can see this is your all day project! Keep at it. Nobody will fight for your home like you will!