Two Trustee Sale Dates?

[Garry]

This is always a good way to start the day, I woke up to two foreclosure dates taped to my door! The first bank (BofA) is selling my house in early Oct and the second bank (Chase) is selling my house in mid Nov. I'm on a trial MHA mod with my first. What is up with this?

[ama125]

Originally Posted by Garry

This is always a good way to start the day, I woke up to two foreclosure dates taped to my door! The first bank (BofA) is selling my house in early Oct and the second bank (Chase) is selling my house in mid Nov. I'm on a trial MHA mod with my first. What is up with this?

Well, what a nice surprise for Labor Day ! Refresh my memory...how far along are you in the trial? I think you are nearing the end. So, I can only guess three things... 1. they are denying you a permanent MHA mod (and obviously not communicating this to you or giving you any reason for the denial and I'm guessing nothing has changed financially for you either to warrant this), 2. they have not suspended foreclosure because nothing has yet been done with your second yet, or 3. they are not complying with the guidelines to suspend all foreclosure activity. Either way, I understand that WHILE on the MHA trial, all foreclosure activity is to be suspended. I would be on the phone with BofA ASAP and reporting this to the Homeowner's HOPE hotline.

This is from a CNN article:
Call for help

Have a complaint about your bank and Making Home Affordable?

1-888-995-HOPE

When will an agent pass on the complaint to higher-ups?
If you have been told to skip payments to qualify
If you have been told to pay a fee to qualify
If your lender is "improperly applying the program's guidelines"
If a member of Congress or their office makes a complaint on your behalf

Source: U.S. Department of Treasury


This is directly from the guidelines for HAMP:

In Foreclosure Process:
Any foreclosure action will be temporarily suspended during the trial period, or while borrowers are considered for alternative foreclosure prevention options. In the event that the Home Affordable Modification or alternative foreclosure prevention options fail, the foreclosure action may be resumed.


I would say the notices you just received falls under "improperly applying the program's guidelines". Good luck, Garry! Sock it to them!!!

[hope67]

Garry, sorry to hear that, you have to call BOA as soon as possible, what a mess!! You are on a trial which supposed to stop all foreclosure activities!! When did you stop making payments on the 2nd and the first (before the trial)?

[chow1]

dang,that sucks i know how you feel though i thought the second deed us trust cant forclose without buying out the first loan though? i doubt that would make sense unless the second has some equity in it. i guess try to get them postponed then if you can.

[Garry]

I was behind on my first and second before I started my trial and I've made my second payment. Of course, nobody is open today at the banks. The first date was set before I started my trial and I've talked to BofA countless times about them stopping the foreclosure while I'm on my trial. I've also recently called my second to tell them I'm on a MHA trial with my first and it makes no sense to attempt payments on the second until I know I'm in the clear and have completed my mod with the first bank. I'm going to try calling the HOPE line Tuesday and see if they can help me, so we will see what happens. Like I said before, they never let up. I should be on coast now but every other day it's something new.

[Confused!]

Garry, I am so sorry. That really sucks! I hope you get some answers ASAP. How frustrating that this has to happen on a holiday!

[Garry]

I decided to call the hope line today and got them involved. They escalated me because of the foreclosure dates. We are going to do a conference call with BofA and then Chase on Wednesday and we'll see what happens. I brought up the trial agreement that they where supposed to sign then send back and never did, He was concerned and knew they should have sent it back before the second payment. Might be a mistake getting them involved but I don't see that I had much of a choice, I talked to BofA countless times about stopping the foreclosure and today I have the sale date from both banks posted on my door.

[Garry]

I'm in AZ and I think its a non-recourse state, the way I understand it is they can't come after me for the cash deficiency when they auction the house. That's what makes all this so stupid on their part, they're going to loose their *sses, not me. In reality, I'm a dumb-*ss for trying to save it, I got a walk away free card.

[AzGryffindor]

Garry:

Email or call Terry Goddard (AZ Atty General) and see if he can help. He's been on record of wanting to go after the banks for their loan modification bait and switch practices.

[sandyg]

Originally Posted by Garry

I'm in AZ and I think its a non-recourse state, the way I understand it is they can't come after me for the cash deficiency when they auction the house. That's what makes all this so stupid on their part, they're going to loose their *sses, not me. In reality, I'm a dumb-*ss for trying to save it, I got a walk away free card.

Garry,
I called the name and phone # on the Fed-X Documents that I got when I got my Forbearance doc's. And the guy who processed and sent the FB paperwork to me helped get my sale date cancelled along with the other phone calls to everyone else.

[hope67]

Originally Posted by Garry

I'm in AZ and I think its a non-recourse state, the way I understand it is they can't come after me for the cash deficiency when they auction the house. That's what makes all this so stupid on their part, they're going to loose their *sses, not me. In reality, I'm a dumb-*ss for trying to save it, I got a walk away free card.

Garry..please keep us posted! Good Luck!

[Garry]

Originally Posted by AzGryffindor

Garry:

Email or call Terry Goddard (AZ Atty General) and see if he can help. He's been on record of wanting to go after the banks for their loan modification bait and switch practices.

The AG says all they can do is document the complaint until they have enough complaints to do something about it.

[Garry]

First I want to thank everyone for all the support, I called BofA today and went round and round again about me not having a signed trial agreement sent back to me and the foreclosure date that they can't seem to stop no matter how hard I try or how many times I call. They escalated my complaints and said give it a couple of days, I also complained about the BofA website never having the correct info. The Hope line I called yesterday wants me to sign an agreement with them so they can represent me, but I'm not so wild about that idea. I know that people who signed with Naca have been told by the bank they have to call Naca for updates, I don't want to lock myself out of direct contact with the bank. Basically, I'm going to give everything a few more days to work out and see what happens, I will keep everyone posted when I have more news.

[ama125]

Originally Posted by Garry

First I want to thank everyone for all the support, I called BofA today and went round and round again about me not having a signed trial agreement sent back to me and the foreclosure date that they can't seem to stop no matter how hard I try or how many times I call. They escalated my complaints and said give it a couple of days, I also complained about the BofA website never having the correct info. The Hope line I called yesterday wants me to sign an agreement with them so they can represent me, but I'm not so wild about that idea. I know that people who signed with Naca have been told by the bank they have to call Naca for updates, I don't want to lock myself out of direct contact with the bank. Basically, I'm going to give everything a few more days to work out and see what happens, I will keep everyone posted when I have more news.

I originally went to a local HUD certified agency when I got a foreclosure notice that is part of the NeighborWorks HomeOwnership Center. NeighborWorks is listed on the website for the HOPE hotline you called yesterday as a key partner with them. To cut to the chase, I did sign some documents giving them authority to discuss my case with BofA, but I was never told that I could not still contact them directly. If that is the case, then I can understand your concern. I have no idea if OOP even knows that I was working with a HUD agent in the beginning. I only emailed OOP after my HUD agent was not able to make any headway (and she advised I try emailing OOP...something I had read about on here and told HER about). So, who knows if they can really assist you or not, but that is the same number listed on the makinghomeaffordable.gov site so maybe they have some authority to act on your behalf. Good luck and I hope you get this resolved quickly!

[AzGryffindor]

Originally Posted by Garry

The AG says all they can do is document the complaint until they have enough complaints to do something about it.

Well that figures. He was talking very tough on the local news last week about this whole mess and now all they want to do is sit back and watch everyone lose their homes?

[MommyBook]

Goodness gracious. I would be royally ticked off if I woke up to that on my door in the middle of a mod. I could understand MAYBE getting one for the 2nd, but certainly not both.

What tards.

[Garry]

At this point I'm just trying to take everything in stride. I don't understand why the banks seem to be bucking the program like they are. It would make a lot more sense to get the mods completed as fast as possible and move on to help other people. They are fighting against themselves and making things worse for everyone.