WOW I cant believe this

[minknmelissa]

I am actually on the phone with bank of america and a hope now counselor they are argueing because b of a surprise surprise does not want any called taped I am so SHOCKED this is such Bull I can't take this anymore and just so happened that B of A rep told me with her on three way the other day that MHA was good to go for my family now two days later no record of that and they won't speak to counselor
They are some shady folk
s

[Evan Bedard]

Hi minkmelissa,

I am actually on the phone with bank of america and a hope now counselor they are argueing because b of a surprise surprise does not want any called taped I am so SHOCKED this is such Bull I can't take this anymore and just so happened that B of A rep told me with her on three way the other day that MHA was good to go for my family now two days later no record of that and they won't speak to counselor
They are some shady folk
s

WOW the things these lenders do are just crazy!

[Melanie702]

OMG, let us know what happens. It IS bull! BofA SUCKS SUCKS SUCKS!!!

[mimirayo]

They are not the only ones. Same thing happened with me and Wells Fargo. They KNOW the promises they make they are not going to keep and don't want evidence of it. As long as we have no proof we can be portrayed as just a whiny homeowner.
I learned the hard way to copy EVERYTHING and get EVERYTHING in writing. You don't give it me in writing, I don't send you money.

[Angels]

should/could we record the phone conversations with the banks?

mimirayo - what did they promise you over the phone that they did not keep?

[mimirayo]

In some states only one party has to consent( of course that would be you), all states have a different law
For me there are alomst too many to count. Modifying after the payment plan was complete, kicking the balance to the end of the loan after three forebearance payment, gave me a different amount to pay than the later mailed agreement...since the amounts they wanted were higher than we discussed I was frustrated and didn't sign the agreement. They went back into mitigation because "I" breeched the agreement...on and on.
The last time I spoke to them was a week before my foreclosure date. I was sitting in a counselors office and was offered a "forebearnce agreement". If I went to Western Union and sent an amount immediately, they would stop the foreclosure. I wanted it in writing I was not going to give them a huge chunk of money I was saving to pay them (or moving expense) without a gaurantee that they would hold off on foreclosing. They refused, and so did I.

[weneedpeace]

mim,

We have Wells Fargo and are encountering the same thing. What they tell me on the phone NEVER jives with the letters that I'm receiving in the mail. (Make a payment, don't make a payment - we all of your docs, we don't have all of your docs) Our forbearance agreement was also not accurately disclosed by Loss Mitigation, and when we received our letter the following week it included fees and that they'd continue to report us negatively to all bureaus. We're now in the loan mod stage and that has proved equally frustrating. Great that they record all of 'my' phone calls but where is the accountability when they disclose something to you (that requires you to make an immediate payment) and then later find the terms differ to what you discussed with them on the phone.

I definitely support that I would also not wish to settle verbally with them and wire money, if they weren't willing to mail me overnight the terms and conditions that go along with the payment. The same as Wells Fargo not applying our payment, so that they can count an additional month as 'arrears'...

[mimirayo]

Yea, that "suspense account" is a killer. I personally have not gotten a mortgage statement from them since March. I filed a complaint with the OCC last August, but right now it's with their "legal department". The house was supposed to be auctioned last week, but the auction didn't happen, and I have not heard anything from their attorney.
I pro se filed an emergency motion the moning of the auction....but still nothing. My mail should be interesting this week

[minknmelissa]

They wouldn't talk to me they are making me crazy so today they were suppose to pull out the mortgage money for MHA they never did even though i had confirmation number of course the woman i spoke to the other day was changed to a different dept. and they wouldn't speak to the hud counselor from hope now which is just crazy to me I only called today because i wanted something in writing saying this was going to MHA but when i asked everything went crazy You know before this whole thing got so crazy i just wanted to keep my house and have an affordable home but now I think I really want to sue the HELL out of B of America for all of there shady, lying, ridiculous God awful ways.

[davephx]

Originally Posted by mimirayo

The house was supposed to be auctioned last week, but the auction didn't happen, and I have not heard anything from their attorney.
I pro se filed an emergency motion the moning of the auction....but still nothing.

I assume its a non judicial foreclosure.

I had thought you could file a temporary injunction to stop the sale and in fact I read for custody or domestic order of protection cases you go to Court fill the forms and walk it to a judge that will immediately sign it. This is for AZ and on the Courts website.

How you serve an order on the Mortgage company far away I have no idea.

But from phone discussion with a major law firm they tell me it is far more complex to stop a foreclosure sale, very costly and would be in Court for years and probably not stop a sale.

I was hoping this was not the case or that the lawyer was wrong.

Would be interesting to know what happens in your case but may only pertain to your State.

On some lawyer sites/blogs there are discussions of using Temporary injunctions to stop a non judicial foreclosure. It gets you into the Court and usually is for 10 days but you get a hearing and at least get into the Court system. And can get the 10 days extended if you have a friendly judge.

I think its Florida but not sure, but in some State all foreclosures have to go before a judge where they have special foreclosure Courts even for non judicial as I recall.

[mimirayo]

I am in MD. I thought the judge would read it and decide if he would stay the sale, but I was told their lawyer had to have chance to respond.
I have no clue what is going on. I just keep my Senator apprised and wait for the mail LOL

[davephx]

Looks like MD is much like CA Can go either way depending if your mortgage note

Maryland Foreclosure Law Summary

Quick Facts

- Judicial Foreclosure Available: Yes

- Non-Judicial Foreclosure Available: Yes, with restrictions

- Primary Security Instruments: Deed of Trust, Mortgage

- Timeline: Typically 90 days

- Right of Redemption: No

- Deficiency Judgments Allowed: Yes
In Maryland, lenders may foreclose on a mortgage or deed of trust in default using either the judicial, assent to decree, or non-judicial foreclosure process.

Judicial Foreclosure

In cases where the security instrument contains neither a power of sale nor an assent to a decree, a lender must file a complaint against the borrower and obtain a decree of sale from a court having jurisdiction in the county where the property is located before foreclosure proceedings can begin. The court will then determine whether a default has occurred.

If the court finds that a default has occurred it shall: 1) fix the amount of the debt, interest, and costs then due; and 2) provide a reasonable time within which payment may be made. The court may order that if payment is not made within the time fixed in the order, the property must be sold to satisfy the debt.

Assent To Decree Foreclosure

Assent to a decree foreclosure is used when a provision in the security document declares an assent to the entry of an order for the sale of the property upon a specified default. Lenders who use the assent to decree foreclosure must file a complaint to foreclose. However, it is not necessary for a hearing to be held prior to the foreclosure sale.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee.
Despite the permission given in the power of sale clause, lenders in Maryland must still file an order to docket before foreclosure proceedings can begin. However, it is not necessary for a hearing to be held prior to the foreclosure sale.

Foreclosure Guidelines

Unless otherwise stated in the original loan document or ordered by the court, the following guidelines must be adhered to in any foreclosure proceedings:

2. A notice of sale must be published in a newspaper of general circulation in the county where the property resides at least once a week for three (3) successive weeks, with the first publication to be not less than fifteen (15) days prior to sale and the last publication to be not more than one week prior to sale. The notice of sale must also be sent by certified and by registered mail, not more than thirty (30) days and not less than ten (10) days before the date of the sale, to the borrower at their last known address.
   
3. The sale must be conducted by the person authorized to make the sale (i.e. trustee, sheriff) and may take place immediately outside the courthouse entrance, on the property itself or the location advertised in the notice of sale, if different. The terms of the sale vary by process.
   
4. If the sale is postponed, notice of the new date of sale shall be published in the manner the original notice of sale was given.
   
5. Within thirty (30) days after the sale, the person authorized to make the sale must file a complete report of the sale with the court. The clerk of the court will then issue a notice containing a brief description to identify the property and stating that the sale will be ratified unless cause to the contrary is shown within 30 days after the date of the notice. A copy of the notice shall be published at least once a week in each of three successive weeks before the expiration of the 30-day period in one or more newspapers of general circulation in the county in which the report of sale was filed.
   
6. Lenders have a period of three (3) years to file for a deficiency judgment, but it is limited to the balance of the loan in default after the foreclosure sale proceeds have been applied.