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This is a discussion on Advice Please!!!! within the Countrywide Home Loans - Tell Us Your Countrywide Story forums, part of the Stop Foreclosure and Tell Us Your Story category; Just received my special forbearance agreement via fedex. It is due back the 11th!!!! They are offering 1/2 payments for ...
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| | #1 (permalink) |
| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Just received my special forbearance agreement via fedex. It is due back the 11th!!!! They are offering 1/2 payments for 3 months starting 11/15. Blah, blah, blah, you all know the rest of it. Shall I accept even though I am working with NACA? Will it negate what NACA is trying to do? What should I do? |
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| | #2 (permalink) |
| Senior Member Join Date: Sep 2009 Location: Near Austin, TX
Posts: 790
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! It might be a good idea to contact NACA. From what I have read, forbearance of partial payments results in the servicer putting the payments into a suspension account. Once enough money is accumulated to equal a regular payment, they apply it to your account. |
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| | #4 (permalink) |
| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Here's an update that I posted on the NACA forum as well. I just dunno.... So I call and email NACA as well as fax the agreement over REPEATEDLY. Finally, Kevin Winn left a message last night when we weren't home. He said that what they are offering seems doable and NACA can just re-submit our file at the end of the 3 months? He hopes that answers my question. Holy crap. So in other words, I accept this and my NACA submission is stopped and then I have to start all over again if BOA doesn't come up with a good mod????? Maybe, it's just me, but this seems ludicrous. I want this over ASAP, like everyone else. Ugh! He said they are there on Monday and I can call him then if I have any other questions. I feel like I'm dealing with a double edged sword. I guess I just sign the thing and play the game. What would you guys do? |
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| Senior Member Join Date: Jun 2009 Location: Reading, PA
Posts: 1,504
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Quote:
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| | #6 (permalink) |
| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Thanks, Ama. I guess that after waiting all this time and something finally gets offered, I just worry about doing what's right (unlike other people we know). |
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| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! And so the saga continues.... Today I get the letter the tax escrow has been established. Oh, but they paid the school taxes that we already paid,m so therefore they show a deficiency. We pay $8018 annually in school and land taxes. They want a monthly escrow payment of $1198.69. Is it Me?!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Tabitha MacKellar is out of the office, as usual. Fired off another email to Desoer and Frahm. |
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| | #9 (permalink) |
| Senior Member Join Date: Nov 2008
Posts: 173
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Wow, sounds like they are doing Wells Fargo math. Except for the payment you already made, I think the escrow monthly amount is due to the fact that it can never go to zero, although close to 4000.00 is WAY over zero. 4000.00 a year can mean big money to them in interest over a year. Did they break the statement up to show you exactly what they will be paid and when? I know it may be asking too much but maybe there is an "easily" fixable numeric error. The gist of the mods that I have been reading about is that 1.They took forever 2.Apparently math is not the strong suit of these banks 3.People have fought so long and hard to get them, that they figure they will be accepted even though they're not perfect, because changing them will start the whole battle over again. 4. I'm kinda glad I haven't gotten mine yet, maybe they need to perfect the "system" I should apologize for my tone, but I see a new wave of problems coming. These are going to be the new "subprime" and "predatory" loans we saw just a short time ago.The difference will be that the banks will use better language in these that will protect themselves. |
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| | #10 (permalink) |
| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! It's because they paid the school taxes of 5029.14. So, they are starting out the escrow balance with -5029.14 and carrying that through 12 months, paying taxes, and then ending the year with a deficit of 6365.58. They are dividing that amount by 12, arriving at 530.47 and adding it to the base escrow amount of 668.22. I will have my town issue them a refund asap. |
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| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Just to add to the situation. They (BAC) sent me a bill for "Escrow Shortage" that is Due Dec. 1st in the amount of $6365.58. They are completely out of their minds. So, if they are refunded the $5029.19, then I presume the amount would change to $1336.39. Better... Now my online status shows:
Last I spoke to Tabitha McKellar, the special forbearance was temporary until they were able to get the escrow set up. The special forbearance amount is $1704 per month. Anyone want to take bets on how long it will take me to straighten this one out? | ||||||
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| | #12 (permalink) |
| Senior Member Join Date: Jul 2009
Posts: 285
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Hi Joanne, I am currently 2 months into a Fannie Mae / Bank of America forbearance agreement. My term is for 6 months ending on 2/1/2010. I'm getting different messages from the folks on the phone and from my negotiator. I had the same online status for the 1st month or so when i was under the agreement, and now it says there is no workout status for my account. I've been told by reps. in the Retention dept. that my loan has been sent for a mod review, but I got another message from my negotiator that my loan won't be review until my forbearance ends. I'd like to compare your agreement against mine and see if there is any consistency. I'd be happy to give you a copy of mine to look at also. My email is Krazenater77@gmail.com. Here's an email I sent to my negotiator yesterday: Hi Deanne, I do have some other questions I would greatly appreciate if you could answer: 1.What can I expect to happen in February 2010 when my Forbearance plan has expired and I’ve made my last payment on the 6 month plan? a.Reason I ask is that it states in my agreement that “Upon termination of this agreement, if I have not entered into another agreement with Services to cure or otherwise resolve my default under the Loan Document or reinstated my Loan in full, the Servicer will have all of the rights and remedies provided by the Loan Documents, and any payment I make under this Agreement and not yet applied to my Loan as described above shall be applied to amounts I owe under the loan Documents and shall not be refunded to me.” b.Will it go for a modification review at that point, if not, is my loan under any type of review for a modification right now? It does state in my Agreement that the services would be reviewing my loan during the deferral period. Based on your message this does not appear to be the case. If I am denied a modification, then what happens? Do I go back to paying my regular monthly payments? I’ve read all the scenarios for Additional Assistance outlined in the Forbearance Agreement. At this point which ones are applicable to my case, and which ones are not. I entered into a forbearance, because I was behind on my mortgage payments, I got behind on my mortgage payments because I was told at would be the only way I could be reviewed for a loan modification. The original agreement I signed with Countrywide, put me into a 40 year term, 3 year ARM. It was not part of the HAMP program, as it was offered prior to the introduction of it. To me this was only a temporary solution. 2.When I called the retention department they stated I received a Notice of Intent back in July. I’ve looked through my documents, and I have no record of receiving this, are you able to verify? 3.The other item I brought up to Jennifer’s attention when she was my negotiator, was that I do have a 2nd Mortgage on the home, and asked in Bank of America would do anything with the second mortgage company. I would li Thanks! |
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| | #13 (permalink) |
| Senior Member Join Date: Nov 2008
Posts: 173
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Joanne, There was another thread I replied to recently that the person was on a special forebearance and the still had their home foreclosed. I'm not saying this to scare you,it's just a caution. Because the beginning that states it is approved and all colections will cease. If the papers are like mine there is no copy, only the one you sign and send in. Please make sure you copy all these papers befor you send them in in case the left hand doesn't let the right hand know what it is doing. This will afford you a little back up. |
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| | #14 (permalink) |
| Senior Member Join Date: Jul 2009
Posts: 285
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Here's an email response I got back from my "negotiator" in regards to a previous inquiry about that exact subject: From what I can see , you have accepted the Fannie Mae Special Forbearance offer making payments in the amount of $1071 Eff 09/01 , 10/01 , 11/01, 12/01, 01/01/10, 2/01/10. Once the forbearance is completed, your loan will then be reviewed for the final modification . During this forbearance period your loan is being monitored by a representative to make sure that your loan does NOT fall into foreclosure or fall delinquent on the forbearance payments . It appears that you spoke with Jennifer Hall on 08/31 and she had advised you that during this time frame that Fannie Mae is allowing you to make the lesser payment of $1071.00 your credit will still be reported as delinquent due to the fact that $1071.00 is less then your current monthly mortgage payment . I also see noted on 08/31 that Jen Hall advised that you may make phone payments and will not be charged during this trial payment period . You may continue to receive your regular scheduled mortgage payment coupons that do in fact report that you are delinquent . It will not be until your complete the forbearance and become approved for a final modification that your loan will be brought current. Please make note that this is a Fannie Mae Forbearance offer, not MHA . |
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| | #16 (permalink) |
| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Housebroken - My scanner is not working so can't email you a copy, but I'll give you the jist of it. I am not Fannie Mae or Freddie Mac and they won't disclose who my investor is. The agreement states that we make payments of $1704 (which equates to 50% of our current mtg pymt) beginning Nov. 15th and continuing thru January. "During the deferred payment period, BAC Home Loans Servicing, LP will review you Loan to determine whether additional payment assistance can be offered to you. On February 01, 2010, and in BAC's Home Loan Servicing, LP's sole and absolute discretion, either (1) you will be required to recommence your regularly scheduled payments and to make an additional payment, on terms to be determined bu BAC Home Loan Servicing, LP, on or before the first of each month commencing on February 1, 2010 until all past due amounts owed to BAC Home Loans Servicing, LP have been paid in full, or (2) you will be required to reinstate your Loan in full, or (3) BAC Home Loans Servicing, LP will offer to modify your Loan or will offer you some other form of payment assistance, on terms to be determined solely by BAC Home Loans Servicing, LP and/or the investors or insurers on your Loan. In any event, unless otherwise expressly prohibited by law, late charges will be assessed against you until the Deferred payments have been paid in full and you Loan is brought completely current under your Loan documents, even if you make timely payments in accordance with this agreement. You hereby consent to the assessment of such late charges even if your loan is accelerated. Once your loan is brought current, late charges will be assessed against your account only if your account again becomes delinquent." Then it just goes on with the standard jargain for foreclosure, bankruptcy, etc. The interesting part is that for the Propert Taxes and Insurance section, it says that if they aren't currently impounded at the time of the agreement (which I was never informed that they were), that we're responsible to pay. So why did the morons pay my taxes??? My town said that they cannot issue a refund to BAC, but they are sending our check back. So, now I have to convince BAC to accept my payment as repayment for the taxes they paid and then recalculate our monthly escrow payment which would result in a reduction of $419 per month - definitely not an amount to sneeze at! |
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| | #17 (permalink) |
| Senior Member Join Date: Jul 2009
Posts: 285
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Hi Joanne, Here is what it states in my agreement, it also ends on 2/1/2010, my investor is Fannie Mae. It is a Fannie Mae HomeSaver Forbearance. BAC Home Loans Servicing, LP, the subsidiary of Bank of America that services your mortgage, recently evaluated your mortgage loan. We are pleased to confirm that you qualify for the Fannie Mae HomeSaver ForbearanceTM program. You are eligible for a reduced mortgage payment for up to six months Under the HomeSaver Forbearance program, we are working with Fannie Mae, a government-sponsored enterprise, to reduce your mortgage payment by up to 50% for up to 6 months while we work with you to find a long-term solution. This is not a permanent payment reduction, but it will allow you to stay in your home as we work together to find a solution. There are no fees associated with this program. 2. The Payment Deferral Agreement. On or before each of the following due dates, I will pay the Servicer the amount set forth below ("Deferral Period Payment"). During the period (the "Deferral Period") commencing on the date of this Agreement and ending on the earlier of: (i) 6 months from the execution date by Servicer; (ii) execution of an agreement with Servicer for another resolution of my default under my Loan Documents, for example, a modification, pre-foreclosure sale or deed in lieu of foreclosure; or (iii) my default under the terms of this Agreement. I understand and acknowledge that: A. Foreclosure Activity. The Servicer will suspend any scheduled foreclosure sale, provided I continue to meet the obligations under this Agreement. If this Agreement terminates, however, then any pending foreclosure action will not be dismissed and may be immediately resumed from the point at which it was suspended, and no new notice of default, notice of intent to accelerate, notice of acceleration, or similar notice will be necessary to continue the foreclosure action, all rights to such notices being hereby waived to the extent permitted by Applicable Law; B. Application of Payments. The Servicer will hold the payments received during the Deferral Period in a non-interest bearing account until they total an amount that is enough to pay my oldest delinquent monthly payment on my Loan in full. If there is any remaining money after such payment is applied, such remaining funds will be held by the Servicer and not posted to my account until they total an amount that is enough to pay the next oldest delinquent monthly payment in full. Upon termination of this, Agreement, if I have not entered into another agreement with Servicer to cure or otherwise resolve my default under the Loan Document or reinstated my Loan in full, the Servicer will have all of the rights and remedies provided by the Loan Documents, and any payment I make under this Agreement and not yet applied to my Loan as described above shall be applied to amounts I owe under the Loan Documents and shall not be refunded to me. Additional Assistance. During the Deferral Period, Servicer will review my Loan to determine whether additional I default resolution assistance can be offered to me. At the end of the Deferral Period either (1) I will be required to 1 recommence my regularly scheduled payments and to make additional payment(s), on terms to be determined by Servicer, until all past due amounts owed under the Loan documents have been paid in full, (2) 1 will be required to reinstate my Loan I in full, (3) Servicer will offer to modify my Loan; (4) Servicer will offer me some other form of payment assistance or alternative to foreclosure, on terms to be determined solely by Servicer with the approval of the investors or insurers on my Loan, or (5) if no feasible alternative can be identified, Servicer may commence or continue foreclosure proceedings or exercise other rights and remedies provided Servicer under the Loan Documents. D. No Modification. I understand that the Agreement is not a forgiveness of payments on my Loan or a modification of the Loan Documents. I further understand and agree that the Servicer is not obligated or bound to make any modification of the Loan Documents or provide any other alternative resolution of my default under the Loan Documents. E. Late Charges. Unless otherwise expressly prohibited by Applicable Law, late charges will be assessed against me until the Deferred Payments have been paid in full and my Loan is brought completely current under my Loan documents, even if I make timely payments in accordance with this Agreement. F. Bankruptcy: If, before all past due amounts are paid, I or any party with an interest in the real property which secures my Loan become subject to a proceeding in bankruptcy, or if my Loan otherwise is subject to protection under bankruptcy laws, I hereby acknowledge and agree that (1) any continued workout assistance will need to be addressed in the context of the Bankruptcy proceedings, (2) unless expressly prohibited by Applicable Law, Servicer, at its option, may terminate this Agreement immediately and automatically, and (3) to the extent allowed by Applicable Law, Servicer shall be entitled to immediate and automatic relief from the bankruptcy stay upon my breach of any term or condition of this Agreement, or upon Sewicer's termination of this Agreement. G. Credit Reporting: The status of my Loan will be reported monthly to all respective credit reporting agencies for the duration of this Agreement and thereafter. Accordingly, for the duration of this Agreement and thereafter, Servicer will report my Loan as delinquent if my Loan is not completely current under my Loan Documents, even if 1 make timely payments to Servicer in accordance with this Agreement, if any. This Agreement does not constitute an agreement by Servicer to waive any reporting of the delinquency status of my Loan payments. H. Property Taxes and Insurance: If Servicer does not maintain an impound account with respect to my Loan, it is my responsibility to timely pay all property taxes and premiums for insurance due, as required in my Loan Documents. If Servicer does maintain an impound account with respect to my Loan, I agree during the Deferred Payment Period to forward to Servicer the amounts required to permit the impound account to contain a sufficient balance so that payments for property taxes and insurance may be timely. My failure to timely pay property taxes or insurance, if there is no impound account, or to forward to Servicer sufficient funds so that such payment may be timely made from my impound account, shall constitute an event of default, and, at Servicer's option, this Agreement shall terminate immediately and automatically without further notice to me. I. Waiver: Any forbearance by Servicer in exercising any right or remedy under this Agreement or as otherwise afforded by Applicable Law shall not be a waiver or preclude the exercise of that or any other right or remedy. For example, if Servicer decides to accept a partial or untimely payment from me instead of terminating this Agreement as provided herein, Servicer shall not be precluded from rejecting a subsequent partial or untimely payment, terminating this Agreement, and commencing or continuing, as the case may be, foreclosure proceedings or taking any other action permitted by law. J. MiscellaneousP rovisions: The invalidity of any portion of this Agreement shall in no way affect the balance thereof. Each covenant set forth in this Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective heirs, successors, assigns, attorneys, agents, employees, representatives (past and present) and each of them. This Agreement shall be governed by CT law, without giving effect to principles of conflicts of law. TIME IS OF THE ESSENCE under this Agreement; K. Acknowledgement. I acknowledge that all terms and provisions of the Loan Documents remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents. The Servicer and I will be bound by, and will comply with, all of the terms and provisions of the Loan Documents. Last edited by Housebroken13; 10-20-2009 at 05:36 PM.. Reason: omission |
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| | #19 (permalink) |
| Senior Member Join Date: Jul 2009
Posts: 285
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Just a follow-up I called BOA last night and they had told me there is no need to continue to contact them in regards to my loan. Just only to make payments for my forbearance agreement. They said at the end of my forbearance plan on 2/1/2010, my loan would then be modified at that point in time. They also said that if BOA requires any more information from me or if they have any updates they will do it via a phone call or via the mail. Also said that every time I email or call my negotiator it causes delays in the process. |
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| | #20 (permalink) |
| Senior Member Join Date: May 2009
Posts: 36
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Housebroken, I have a few questions for you if you don't mind..... I just rec'd notice that we hae been approved for a 6 month HSF plan. Fannie Mae is our servicer. I'm a little disappointed b/c we were hoping for a modification. Does HSF stand for Homesaver Forbearance? Is this what you have? I would be okay accepting this if I thought they would offer a modification at the end of the 6 months. The thought of starting from scratch after 6 months makes me want to cry. Were you behind on payments when offered the forbearance? We are 5 months behind. Perhaps we were offered this to show we are able to make payments if approved for a modification? I have a call in to naca, but just really trying to get as much information as I can before I talk to them so I know what questions I want to ask. Thanks for your input. |
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| | #21 (permalink) | |
| Senior Member Join Date: Jul 2009
Posts: 285
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Quote:
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| | #22 (permalink) |
| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Just to keep everyone updated.... Of course I hadn't heard anything from BOA, so last night I sent a follow up email and after my signature I put "Loansafe Member". Ten minutes later the phone rings and "Heather", whoever she is tells my husband that they did get my email and they are researching it. Ten minutes ago the infamous J Litton rep showed up. Hey BOA, if you're reading this, enough is freaking enough! Stop the lies and do the right thing! There is a house up the road (same model as mine) that has been on a short sale for over a year. Guess I'll be here for a while! |
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| | #23 (permalink) |
| Senior Member Join Date: Aug 2009
Posts: 177
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Updates - Received a secure communication from Tabitha McKellar on Monday saying that she was still researching the escrow issue. Sent her an email on Thursday to follow up and found out that she's out of the office. That woman has some job! Last night Lorraine Raymer (very nice woman) called from the OOP and said that my tax issue has been escalated and that it is her top priority. And she gave me her direct phone number too. Not sure what is so hard about this, but hoping Lorraine will come through for me. |
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| | #24 (permalink) | |
| Senior Member Join Date: Oct 2009 Location: Newport News VA
Posts: 93
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Quote:
Since the taxes are paid, when you get your check back save it as insurance against anything they may try to pull down the road. Keep copies of all correspondences with the lender. The lenders are legally required to disclose to you who your investor is but you must request the information in writting. I'd get it notarized also. These lenders are pulling new tricks everyday. Protect yourself by keeping record of everything that is going on. | |
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| | #25 (permalink) | |
| Senior Member Join Date: Oct 2009 Location: Newport News VA
Posts: 93
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Advice Please!!!! Quote:
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