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  1. #1
    Senior Member sweetfacemommy's Avatar
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    Unhappy Notice of intent to accelerate

    Our loan mod was approved on 12/29. They foreclosed on 1/5 and rescinded the sale on 1/6. Today we got a notice of intent to accelarate (dated 1/8). These people never seize to amaze me. I wonder what's next? Oh, and I'd like to add that we spoke with someone from the OOP yesterday who confirmed that our mod was approved and everything was okay with our account.

  2. #2
    Senior Member helpsavemyhome's Avatar
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    Re: Notice of intent to accelerate

    I hate to say it, but why I am not surprised....hope they get it straightened out soon.

  3. #3
    Senior Member ManicMangaManiac's Avatar
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    Re: Notice of intent to accelerate

    Quote Originally Posted by sweetfacemommy View Post
    Our loan mod was approved on 12/29. They foreclosed on 1/5 and rescinded the sale on 1/6. Today we got a notice of intent to accelarate (dated 1/8). These people never seize to amaze me. I wonder what's next? Oh, and I'd like to add that we spoke with someone from the OOP yesterday who confirmed that our mod was approved and everything was okay with our account.
    They're all stupid dodo birds, that's what they are. Why the heck aren't they extinct like the real dodo birds??
    Sally

  4. #4
    LoanSafe Guide Evan Bedard's Avatar
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    Re: Notice of intent to accelerate

    Wow this just again proves how idiotic these banks can be.. Keep in touch with the OOP until you receive your modification.
    Keep Fighting!

    Evan Bedard
    LoanSafe.org Support Team

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  5. #5
    Senior Member sweetfacemommy's Avatar
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    Re: Notice of intent to accelerate

    Thanks Evan. We've reached the point where we really don't care to keep the house anymore. I guess it's sad to say, but we are in some ways looking forward to getting a new sale date so that we can move on. I can't imagine dealing with BoA for the next 30 years. Moreover, we are significantly underwater so it's not worth the stress anymore. My DH and I are both under 30 and these last couple of months have put a serious strain on our marriage and health. It's also caused me to sprout a gray hair! This site has been a saving grace for me; a place where I can vent and not feel so alone and I plan on sticking around and updating my story. Thanks for all you do.

  6. #6
    Senior Member hope67's Avatar
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    Re: Notice of intent to accelerate

    Quote Originally Posted by sweetfacemommy View Post
    Our loan mod was approved on 12/29. They foreclosed on 1/5 and rescinded the sale on 1/6. Today we got a notice of intent to accelarate (dated 1/8). These people never seize to amaze me. I wonder what's next? Oh, and I'd like to add that we spoke with someone from the OOP yesterday who confirmed that our mod was approved and everything was okay with our account.
    sweetfacemommy, unfortunately those idiots didn't do the proper adjustments in the system yet, those notices of intent to accelerate are computer generated!! So if the system shows your account as delinquent a specific number of months, those notices will be generated. So don't worry about it. Just keep following up with BOA!

  7. #7
    Senior Member flippinwacko's Avatar
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    Re: Notice of intent to accelerate

    sweetmommy,

    take a look at my thread...auctioned it off after telling me they hadn't!

    http://www.loansafe.org/forum/foreclosure-prevention-services/23044-help-help-help-notice-possession-after-foreclosure-new-post.html

  8. #8
    laldana
    Anonymous Guest laldana's Avatar

    Re: Notice of intent to accelerate

    They just sent me a letter thanking me for my latest correspondence-- which was my response to their foreclosure complaint in which I basically called them an incompetent pack of liars!

  9. #9
    Senior Member sweetfacemommy's Avatar
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    Re: Notice of intent to accelerate

    flippinwacko-

    I read your thread and all I can say is what a mess. Our situation was different in that BoA said they had not sold the house when in fact they did and they were the ones who bought it. The did rescind the sale the next day after we told them they bought it. In our case it wasn't so hard to rescind as BoA was the high bidder. Surprisingly, we found our most accurate information to be from the foreclosing attorney's office. I can honestly say that there is nothing that these big banks do that surprises me anymore.

  10. #10
    Senior Member doghouse's Avatar
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    Re: Notice of intent to accelerate

    Quote Originally Posted by sweetfacemommy View Post
    Our loan mod was approved on 12/29. They foreclosed on 1/5 and rescinded the sale on 1/6. Today we got a notice of intent to accelarate (dated 1/8). These people never seize to amaze me. I wonder what's next? Oh, and I'd like to add that we spoke with someone from the OOP yesterday who confirmed that our mod was approved and everything was okay with our account.
    Is the approved loan mod in writing? Can you get the "someone" you spoke with to FAX or email a copy of the approval to you asap?

    If they "already" approved the loan, were you given was there some other information that caused to change their minds? Was that information legitimate? Did they explain or ask? If a lender "promises" to lend i.e. approves the loan - then does not - they are liable and “must” provide you with a legitimate reason! Check your state laws – especially, regarding modifications.
    fficeffice" />>>
    Google – Lender Liability - Failure to lend – or something like that – Lender Liability – Breach of Promise to lend…? I’d Google it using your State’s abbreviations CA Banking Law: Lender Liability – Failure to lend as promised, etc… You might be surprised but lenders are liable for changing their decision, especially, if you were “depending” upon it. They could be liable for those damages…
    >>
    Hold them accountable - but do so "knowing" your options.

  11. #11
    Senior Member jojolala's Avatar
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    Re: Notice of intent to accelerate

    Quote Originally Posted by doghouse View Post
    Is the approved loan mod in writing? Can you get the "someone" you spoke with to FAX or email a copy of the approval to you asap?

    If they "already" approved the loan, were you given was there some other information that caused to change their minds? Was that information legitimate? Did they explain or ask? If a lender "promises" to lend i.e. approves the loan - then does not - they are liable and “must” provide you with a legitimate reason! Check your state laws – especially, regarding modifications.
    fficeffice" />>>
    Google – Lender Liability - Failure to lend – or something like that – Lender Liability – Breach of Promise to lend…? I’d Google it using your State’s abbreviations CA Banking Law: Lender Liability – Failure to lend as promised, etc… You might be surprised but lenders are liable for changing their decision, especially, if you were “depending” upon it. They could be liable for those damages…
    >>
    Hold them accountable - but do so "knowing" your options.

    Hi Doghouse... you bet the banks are liable for breach and fraud and abundant legitimate proof abounds in many, many cases on this forum. So now we only each need to find qualified legal representation and pursue this in court.... and there goes another (minimum) 2 years of our lives that we'll never get back. I once attempted to sue the deep pockets, and even with "right" on my side, it was a very depleting exercise and the liars ultimately won.

  12. #12
    Senior Member doghouse's Avatar
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    Re: Notice of intent to accelerate

    Quote Originally Posted by jojolala View Post
    Hi Doghouse... you bet the banks are liable for breach and fraud and abundant legitimate proof abounds in many, many cases on this forum. So now we only each need to find qualified legal representation and pursue this in court.... and there goes another (minimum) 2 years of our lives that we'll never get back. I once attempted to sue the deep pockets, and even with "right" on my side, it was a very depleting exercise and the liars ultimately won.
    Hi jojolala,

    Sorry to hear about your battles... I know it seems futile to fight these huge lenders. We've had quite a few attorneys quit. For me - it is no longer about the money or the house. This is about principle – right & wrong - and decent American citizens trying to do the right thing. I consider this a matter of self-defense - if the courts are too corrupt or too lazy to do what is right, if the law has been manipulated and skewed to do it - then I will. I've already made it known that I do not care about consequences any longer. What they have done is illegal - immoral and wrong. I don't want to sound like a nut - but I am no a liar - thief - or manipulator. We've been married 30+ yrs and we have no children - therefore, I have nothing to lose. I may not have a high-school education or college education - but we are honest hard working people. I have read the Pooling & Servicing Agreement and every document I can find pertaining to our loan. Our case is slightly different than many because it involves so much and so many people, including local gov officials – ALL have lied and broken the law. We did not break the law - they did. I will do whatever is necessary to expose these people. If our soldiers can give their all for our country I see no reason I shouldn't. Crazy-talk - maybe - sometimes it takes someone to finally cross the unfathomable line. The one thing I know for sure - they don't care what happens to you, me, or anyone else. I have never been a violent person or even contemplated such craziness but after fighting with these liars & manipulators for 5-6 years, well, sometimes enough is enough. I've met with the FBI and countless law firms. The FBI has taken the case and they are on it - but my patience is wearing thin.

    Can I ask you - did they break the law and lie? Can you prove it? Prove it with material evidence? I am asking because my hope is to show the FBI what is going on. The more we can show them the better it is for everyone. The FBI's problem is they are limited to choosing the bigger cases. I find that offensive in many ways but I don't know if that's their fault.

    As long as these lenders keep everyone blinded and short-sighted - they will continue winning. If they can keep the judges viewing each case individually as-if-to-say the deadbeats are not paying - then the lenders will always win. Many judges are too lazy to look beyond the next case. They don't see the bigger picture - they don't see the fact that these lenders calculatingly created loans that people could NOT pay. The loans were designed to force folks to refinance. That is illegal. So, people are being foreclosed because they do NOT realize the loan they have was illegal BEFORE they ever signed it. It was designed to specifically force them to pay more settlement costs - and these lenders did it knowing if the borrower could NOT refinance for whatever reasons - they could NOT afford the loan.

    The judge in our case asked for copies of the PSA because I kept pointing out they are violating their own freaking agreement. They’ve committed securities fraud! I told the one judge I'd rather join al Qaeda than allow them to steal my house and get away with this... if they think that's crazy talk, then that should be evidence for punitive damages...

    Here’s an easy rule of thumb for folks to measure their loans… If their payments started at 1000 bucks then increased to 1300 dollars – that’s a 30% increase! Think about it – how many people get a 30% raise? And that is using a very small increase…! But think about that – if it went up to 1500 dollars that’s a 50% increase? Most folks were MAXED-OUT at the lowest number already – so how in the world could the lender justify the loan? They couldn’t! That is an illegal loan. It doesn’t matter how confusing they want to make it – that is the bottom line. Lenders win whenever we allow them to open their mouths because they spin everything into whirlwind and confuse everyone listening. If they “approved” a loan the borrower could not repay – it was ILLEGAL! That’s what folks need to understand and forget about all the other hoopla – it was illegal to begin with… then fight the judge until they agree that the loan is a VOID – NOT VOIDABLE – VOID – it’s a nullity. It means the loan never existed therefore it could not be assigned – there is no “buyer in good faith” – no bona-fide purchaser – no transferor or transferee – IT NEVER EXISTED. Then when they ask if there were any payments made – the borrower should YES and we WANT OUR MONEY BACK WITH INTEREST! At the very least - It’s FRAUD in the Inducement! How many people go through the headaches of getting a mortgage loan when they already know they cannot afford it? I don’t know anyone that damn-dumb, including me. However, I know plenty of folks that could be influenced – tricked – and/or lied to and convinced by someone they trusted to sign a 20-30 page document that they could not understand – even if they did read the entire thing.

    I might not be the brightest bulb on the tree, but I try to shine when I can – even if that’s only a flicker some times…

    Sorry to ramble…

  13. #13
    Junior Member jmsnjjmsn's Avatar
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  14. #14
    Senior Member advocate's Avatar
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    Sweetfacemommy....you are so right about the 'anything goes' behavior by these lenders.
    After eight months on the three month trial, we were booted because of failure to pass the NPV test. Next came a quick succession of letters first offering their 'special HAFA short sale, then recinding the offer because I 'declined', then closing my workout file because of 'failure to return fianacials.' Ridiculous, and absolute lies.

    God help us all.

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