loan mod cancelled - no one contacted us

[casita]

Hello everyone,

We applied for a loan mod back in april 09, directly w/ BofA. I have called every 2 wks since april to check on the status of our request, every time i was told, not ready yet, as soon as something comes up they will contact us.

I called 2 wks ago and no news, I called today to get more info and i was told the request was cancelled, they said a negotiator attempted to call twice and because they didnt get us the process is cancelled.
I cried so much, NO ONE contacted us, no missed calls, no messages. I know that for a fact. I got as much info as i could from the rep, they told me the negotiator's name, but said the process is cancelled and if interested in getting restarted we need to go back to square one.

I have regiously called them every 2 wks for 4 months and they said they called (which is a complete lie) and because they didnt talk to us the process is cancelled.
It is so frustrating, I am not sure what to do...
Could anyone offer any guidance so that our case can be reinstated, or anything else I could do?

Thank you in advance!

[hope67]

So sorry to hear what you're going thru. From what I read here I think a lot of people are happy with Naca. So maybe you should give them a try.

[unsettledinpurgatory]

did you contact the office of the president? I know many people have luck going that route especially if not working with NACA and I don't believe they just tell you it's been canceled and leave you hanging.

If you need her email - here it is:

barbara.j.desoer@bankofamerica.com

Good luck to you.

[HereinNY]

Call David Leighton 1-866-806-2434 ext 8676. He will be back tomorrow..he is the only sanity at Bank of America.

[ugh_2009]

hey casita,

contact the suggested people, I had the exact same thing happen to me with wells fargo and was able to contact the executive office and have my file reopened. Don't let them start the whole process again, explain the situation and they should be able to put you back on file and give you priority.

[casita]

Thank you so much for such prompt replies and for the support!! It was hard for me today! I didn't know who to contact so the info about the president and Mr. Leighton
are greatly appreciated!
I am not sure I will qualify for a mod, but I want to at least check and see the chances before going the foreclose/ walking away route.
But when these "bumps on the road" come up, it makes you want to give up.

[ama125]

Originally Posted by casita

Thank you so much for such prompt replies and for the support!! It was hard for me today! I didn't know who to contact so the info about the president and Mr. Leighton
are greatly appreciated!
I am not sure I will qualify for a mod, but I want to at least check and see the chances before going the foreclose/ walking away route.
But when these "bumps on the road" come up, it makes you want to give up.

Casita - stay strong and don't give up the fight! There are lots of us here to support you and encourage you. Consider this your safe haven. We are all going through these bumps on the road and there are very few here that haven't had these issues. It will be okay

[so-cal-gal]

I started my mod in December with CW. I was offered a mod package that I accepted. I was told it had been verified, even that it was 'completed' (not really, they were misinterpreting their OWN status codes).

Then I was informed the NOTE was being transferred to Litton. Again, I was assured by BofA that the mod processing would be completed, and the paperwork would 'catch up' with any paperwork that had already gone to litton at the time of the transfer, if the processing was still going on at that date. HAH!

I was also assured even by Litton that they would honor the mod. Later I was informed that noone with LITTON should have given me such an assurance.

Litton refuses to honor the mod, BofA lower-level managers just shrug. Their inept understanding of the codes on the status apparently led to the mod not being processed. The transfer notice indicates the transfer is not to affect the mortgage instruments. Well, the mod should be considered a mortgage instrument and the blasted, ill-timed transfer of the note is the only reason that has been indicated as the cause for BofA not implementing the mod. They dropped the ball, Litton refuses to allow a new mod (inept evaluation of income which Litton is known for).

Did the two companies just end up with this result thru total ineptness in BOTH companies, or is there a trace of intent here?

Certainly, I NEVER got any notice from BofA of ANY kind after that transfer-to-come warning. The only information came by me CALLING THEM.

NOW, they BETTER have a better way of responding to my attorney. My mod was a CA AG settlement one. Also, Litton is totally ignoring the changes to CA law. Inept or subborn bozos?

[Skipper]

Originally Posted by so-cal-gal

I started my mod in December with CW. I was offered a mod package that I accepted. I was told it had been verified, even that it was 'completed' (not really, they were misinterpreting their OWN status codes).

Then I was informed the NOTE was being transferred to Litton. Again, I was assured by BofA that the mod processing would be completed, and the paperwork would 'catch up' with any paperwork that had already gone to litton at the time of the transfer, if the processing was still going on at that date. HAH!

I was also assured even by Litton that they would honor the mod. Later I was informed that noone with LITTON should have given me such an assurance.

Litton refuses to honor the mod, BofA lower-level managers just shrug. Their inept understanding of the codes on the status apparently led to the mod not being processed. The transfer notice indicates the transfer is not to affect the mortgage instruments. Well, the mod should be considered a mortgage instrument and the blasted, ill-timed transfer of the note is the only reason that has been indicated as the cause for BofA not implementing the mod. They dropped the ball, Litton refuses to allow a new mod (inept evaluation of income which Litton is known for).

Did the two companies just end up with this result thru total ineptness in BOTH companies, or is there a trace of intent here?

Certainly, I NEVER got any notice from BofA of ANY kind after that transfer-to-come warning. The only information came by me CALLING THEM.

NOW, they BETTER have a better way of responding to my attorney. My mod was a CA AG settlement one. Also, Litton is totally ignoring the changes to CA law. Inept or subborn bozos?

This is from Freddie Mac:

http://www.freddiemac.com/sell/guide...df/bll0910.pdf

Transfer of Servicing requirements
Section C65.8 has been revised to reflect that when a Transfer of Servicing includes Mortgages modified
under the Program, the Transferor Servicer must notify the Transferee Servicer that such Mortgages are a
part of the transferring portfolio and must confirm that the Transferee Servicer is aware of and agrees to
assume the additional responsibilities associated with the Servicing of these Mortgages.


Skipper

[so-cal-gal]

Originally Posted by Skipper

This is from Freddie Mac:

http://www.freddiemac.com/sell/guide...df/bll0910.pdf

Transfer of Servicing requirements
Section C65.8 has been revised to reflect that when a Transfer of Servicing includes Mortgages modified
under the Program, the Transferor Servicer must notify the Transferee Servicer that such Mortgages are a
part of the transferring portfolio and must confirm that the Transferee Servicer is aware of and agrees to
assume the additional responsibilities associated with the Servicing of these Mortgages.


Skipper

My loan is a JUMBO, not freddie or fannie. Seems they are off the hook on this requirement.

It would be nice if this administration would inact something that puts that FREDDIE clause into ALL transfers. Still, it might give more credance to my assertion that a mortgage mod is a mortgage instrument.

For now the law that they are operating is RESPA which is the basis for the language on the notice, as I understand it. They DO NOT CONFORM TO THAT in my layman's understanding. Mortgage mod doc SHOULD be considered a MORTGAGE INSTRUMENT. The notice itself said they could not affect mortgage instruments with the transfer.

They did not just put that language into that notice from 'nowhere'. The back of the form cites RESPA. Front has the 'will not affect' clause.

Lawyer noted THAT plus the contact I made with Litton was NOT responded to per the notice.

HIS letter to them cites several problems BOTH have created. Looks like they may be trying to see how far I'll go in fighting them. The more both of them ignore the laws, the more this case is going to appear to be INTENTIONAL. INTENTIONAL attempt to DEFRAUD me.

[casita]

Thank you for all your help, some one at BofA finally contacted us back.
Does anyone know what happens once paperwork goes to the "office of chairman"?
What is the process?

[so-cal-gal]

Well, Litton has disregarded the letter from my lawyer and went ahead and recorded the 'official' NOD on my property in San Diego.

They did NOT deliver my copy by certified mail. In fact, they recorded it on July 30th but I only received it a FULL week LATER. (I had letters from the 'foreclosure-chaser' lawyers faster than I got the mailings from Litton.) Litton did not even get it postmarked until 08/06/09. Once they finally mailed it, I got it the very next day.

They seem to think that mailing 3 copies, none of them certified, is the way to deliver this.

Aside from that aspect, they have made NO attempt to satisfy Calif CCS 2923.5 & 2923.6.

They have not been in compliance with those sections of the law and the newest paperwork does not provide the assertions that they are to make to be compliant with the law when trying to go forward and file the NOD.

I guess they see no PENALTIES stated that are severe enough.

Also, there is a 90-day moratorium in CA on foreclosures unless the lender files their mortgage modification plan with the state. Is there any way to check which lenders have filed their mortgage modification plan with the state of CA? In that bill once they file their program, they get an automatic 30 day reprieve.

If they have not filed, that is another problem with this 'official NOD' from Litton.