Rec'd FORECLOSURE SUMMONS while WAITING FOR MOD?

[awakening]

Hi All,

First post here.

We just received a Mortgage Foreclosure Summons today (by a messenger) but we HAVE BEEN waiting for a reply re: Modification from BofA since July 20, 2009.. (when they put our hardship letter and income/expense numbers).

Is this normal!!??


We are required to reply to the summons within 30 days..

(we are 5 pmnts late)


We would appreciate any replies.

Thanks

[davephx]

Yes foreclosure are happening AGAINST the HAMP directives. Worse yet sales are happening.

The National Consumer Law Center says, “many servicers are placing homeowners in foreclosure and proceeding to sale in violation of HAMP guidelines.”

There are various media reports of similar stories of foreclosure sales in direct violation of HAMP/Fannie Mae/Treasury instructions. The South Carolina Supreme Court in May 2009 in response from a request by Fannie Mae issued an Administrative order requiring all services to stop any foreclosure actions or sales until show not qualified for HAMP or other alternatives. Something seems amiss when Fannie has to get a State Supreme Court order to enforce its already clear servicer guidelines.

Attorney Jeff Barens warns about this exact issue in article of 9/11/09 “BEWARE THE “END-RUN” (SNEAK) FORECLOSEURE” article at Foreclosure Defense Nationwide - Mortgage Foreclosure Help - Free Advice It reports the widespread practice of servers telling customers not to worry about the foreclosure notice, messes up the paper work and trustee sale is completed!

On 9/16/09 DSNEWS.com reports, “However, cancellation of foreclosure sales dropped by 7.5 percent in August from July to 9,976, with no signs yet that foreclosures being postponed for HAMP are being cancelled after successful trial periods.” YIKES! Their source of this is ForeclosureRadar’s monthly report on California foreclosures.

[ohhhdear]

Hi All,

First post here.

We just received a Mortgage Foreclosure Summons today (by a messenger) but we HAVE BEEN waiting for a reply re: Modification from BofA since July 20, 2009.. (when they put our hardship letter and income/expense numbers).

Is this normal!!??


We are required to reply to the summons within 30 days..

(we are 5 pmnts late)


We would appreciate any replies.

Thanks

This is a violation of the HAMP guidelines. I would call them immediately.

Better yet, contact your congressman and BOTH of your senators.

I am so sorry for you....

Hang in there and fight!

[Marty74]

we were served forclosure papers as well while we wait for our modification. I sure wasn't expecting to see that our the sheriff that delivered it!

[ama125]

Hi All,

First post here.

We just received a Mortgage Foreclosure Summons today (by a messenger) but we HAVE BEEN waiting for a reply re: Modification from BofA since July 20, 2009.. (when they put our hardship letter and income/expense numbers).

Is this normal!!??


We are required to reply to the summons within 30 days..

(we are 5 pmnts late)


We would appreciate any replies.

Thanks

Email OOP immediately...see here for details: http://www.loansafe.org/forum/countr...president.html

[awakening]

Thank you everyone for your quick replies,

Today I spoke with a real estate attorney and he told me that this is how banks are securing themselves from losing time - ie. if our mod is denied or we decline it, the bank is already on its way with foreclosure..

I will use all your suggestions (thanks ama for such a detailed post, however, the atty told me that the what will be most important for court in 30 days, will be the fact that we are not paying the mortgage (5 months now).

We don't hope for a favorable mod - even if they bring down the payment to 31% of our gross income, it'll still be way above the fair market value of the townhouse and we aren't willing to wait 10/15/20 years or whatever time for it become POSITIVE equity.

Therefore we will probably be pursuing a SHORT SALE. If BofA refuses or gives us COLLECTIBLE BALANCE to sign, we will pursue a DEED IN LIEU. Then, if we've exhausted all the options we will accept FORECLOSURE - WITH A CLEAR CONSCIENCE. We will then be convinced the whole system is so corrupt taht there is more evil to credit then good and will say F.U. to al the credit and all these blood-sucking bastards.

Then I will also change my nickname to FICO_666 and don't get me started on explaining why