I am looking for an FHA doc I found here before...

[3KidsNeedTheirHome]

We just bought our house in Feb 07, on 2 incomes. Crappy credit, but they gave us the loan at an 8.75% rate. 2/28 LIBOR.

In April of 07 I lost my job. Now we are on 1 income. Wehave not been able to make the payments. We have sent in payments here and there. But it is not as easy with only one income. I am trying to find a job, but with 3 kids it doesnt quite balance out with the cost of daycare.

Anyway. We seubmitted for a loan mod, and they denied us the first time, because with the unemployment I was collecting (and plus my hubbys pay) it wasnt enough to cover everything.

SO now I have a prospective job and am supposed to start soon. I sent them that ( aletter from the soon to be employer) and asked to have them try again.

DH and I have been calling and calling of course we keep getting different answers. Cant talk to our "Case Worker". And now today DH said they told him a denial letter was issued on the 11th.

Just for clarification, I faxed in the requested paperwork on Feb 5. They added it on the 7th.

I dont know if this is enough info to request help from the forum, but I just found this place and have been reading like crazy.

I look forward to questions and suggestions. I really appreciate the time and effort people put in around here.

Oh yeah, we are in NH. And have gotten a letter a week or so ago, from an attorney RE foreclosure on March 31st.

[Moe]

Welcome and thanks for joining Loan Safe!

That was enough information. You did fine Sounds like you are just having the normal run around that almost everyone gets when they reach out for help. This is normal, even though it may not seem like it.

The good news is that you have a new prospective jobs and letter from that employer. This will help your tremendously because I am sure before with your husbands income alone, there was no way you could afford the payment.

You did receive conformation and that is also a great sign that they do in fact have your paperwork. Sometimes it takes from 30-90 days after they receive it.

There is one thing I am going to suggest you do and that is a Qualified Written Request like we suggest to almost everyone. If you write this letter, they cannot report you late nor charge you late fees. This is a powerful tool to protect you while you wait for them to make a decision and also a tool for you to do some accounting and discovery on your loan.

(B) Qualified written request

For purposes of this subsection, a qualified written request
shall be a written correspondence, other than notice on a
payment coupon or other payment medium supplied by the servicer,
that--

(i) includes, or otherwise enables the servicer to
identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief
of the borrower, to the extent applicable, that the account
is in error or provides sufficient detail to the servicer
regarding other information sought by the borrower.

(2) Action with respect to inquiry

Not later than 60 days (excluding legal public holidays,
Saturdays, and Sundays) after the receipt from any borrower of any
qualified written request under paragraph (1) and, if applicable,
before taking any action with respect to the inquiry of the
borrower, the servicer shall--

(A) make appropriate corrections in the account of the
borrower, including the crediting of any late charges or
penalties, and transmit to the borrower a written notification
of such correction (which shall include the name and telephone
number of a representative of the servicer who can provide
assistance to the borrower);

(B) after conducting an investigation, provide the borrower
with a written explanation or clarification that includes--
(i) to the extent applicable, a statement of the reasons
for which the servicer believes the account of the borrower
is correct as determined by the servicer; and
(ii) the name and telephone number of an individual
employed by, or the office or department of, the servicer
who can provide assistance to the borrower; or

(C) after conducting an investigation, provide the borrower
with a written explanation or clarification that includes--
(i) information requested by the borrower or an
explanation of why the information requested is unavailable
or cannot be obtained by the servicer; and
(ii) the name and telephone number of an individual
employed by, or the office or department of, the servicer
who can provide assistance to the borrower.

(3) Protection of credit rating

During the 60-day period beginning on the date of the servicer's
receipt from any borrower of a qualified written request relating to
a dispute regarding the borrower's payments, a servicer may not
provide information regarding any overdue payment, owed by such
borrower and relating to such period or qualified written request,
to any consumer reporting agency (as such term is defined under
section 1681a of title 15).

[Moe]

When you write the letter as for a "life of loan history" with all payments and fees that you have paid to be documented and you might as well ask for ALL paperwork with your signatures on it. Make them work, so they will want to give you a loan modification and go away

[Moe]

The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.

Attention Customer Service:

Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]
This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

• Describe the issue or the question you have and/or what action you believe the lender should take.
• Attach copies of any related written materials.
• Describe any conversations with customer service regarding the issue and to whom you spoke.
• Describe any previous steps you have taken or attempts to resolve the issue.
• List a day time telephone number in case a customer service representative wishes to contact you.

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.
Sincerely,
[Your name]

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

You SHOULD continue to make the required mortgage and escrow payment until the request is resolved.

You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.

Filing a RESPA complaint

Persons who believe a settlement service provider has violated RESPA in an area in which the Department has enforcement authority (primarily sections 6, 8 and 9), may wish to file a complaint. The complaint should outline the violation and identify the violators by name, address and phone number. Complainants should also provide their own name and phone number for follow up questions from HUD. Requests for confidentiality will be honored.

Complaints should be sent to:

Director, Office of RESPA and Interstate Land Sales
US Department of Housing and Urban Development
Room 9154
451 7th Street, SW
Washington, DC 20410

[3KidsNeedTheirHome]

Thank you for responding Moe. I am really worried that DH called today and they told him a denial letter was in the works as of Feb 11th!!

Should I still submit the QWR?

EDIT THIS- I see you had more to say before I jumped in!! Sorry, LOL!

[Moe]

You are welcome. Yes, most definitely send it certified mail and also by email and fax. Here is some contact info for you. Send it to as many of these as you can and also by mail. Remember by law per RESPA, they cannot report you late or charge you late fees.

THEY WILL TAKE NOTICE ONCE YOU SEND THIS!

Countrywide Mortgage
400 Countrywide Way SV-HRD
Simi Valley, CA 93065

Toll free direct number to Workout Dept. in Lancaster, CA:
866-806-8692 (extension 8692 if your negotiator is M. A. Hernandez)

Direct number to Workout Dept. in Lancaster, CA:
661-951-5100
(not toll free but gets you right in)

Address: 400 Countrywide Way SV-314
Simi Valley, CA 93065-3500 Other Addresses: 400 Countrywide Way SV-314
Simi Valley, CA 93065-3500
450 American St
Simi Valley, CA 93065
7105 Corporate Dr.
Plano, TX 75024
P.O. Box 10211
Van Nuys, CA 91499
P.O. Box 5170
Simi Valley, CA 93062-5170
21 E. Victoria Street
Santa Barbara, CA 93101
35 North Lake Avenue, 35-72B
Pasadena, CA 91101

Primary Phone: (800) 669-6093
Other Phone Numbers: (800) 669-6093
(818) 874-8779
(818) 225-3000
(972) -52-6-6330
(805) 650-6566
(805) 520-5100
(800) 686-0145

Primary Fax: (800) 658-9364 Other Fax Numbers: (800) 658-9364 (805) 520-5019

Primary Contact: Daniel Whitehead
Executive Relations Corodinator Other Contacts: Daniel Whitehead
Executive Relations Corodinator

Joe Riggio
Senior Vice President

Angela De Aro
Vice President

Gail Shelly
Melissa Guerra
1st Vice President

Patricia Mckenzie

Rina Jariwala
VP, Operations

[3KidsNeedTheirHome]

Should we still pay despite the fact they said not to pay, that we are in forclosure.

[Moe]

Sorry, I just had a quick appointment. I would just hang on to all the money you can and do not spend it and let them know that you are 110% willing and able to work with them and that you have good faith money to bring to the table. Just do not promise more than you can deliver.

[3KidsNeedTheirHome]

Excellent I will do that.

BTW- There is a lawyer ad on here (Marshall E. Rosenbach ) is that just a paid sponser or does he actually do good work...would you reccomend him?

[Mary Salzer]

Never stop paying if you are able to, meanwhile request another modification if you are back to work and have a paycheck stub that you can show for the record. The letter from the future employer is fine, but they need to see the paycheck stub to be able to count the income in modification. When will that paycheck stub be available, before lets say March 15th or 20th. If so then you need to do the QWR and also request another modification package from them. Not on the phone, but to be sent to you.

Moe is right, do the QWR and have the closing documents that you have reviewed, however, you need to reflect the income at least 10 days or so prior to the foreclosure date. At that point with the changed circumstances you give them reason to set the foreclosure date forward and review the Modification with the additional income.

Yes Marshall is a good attorney, you need to make decisions there regarding choice in attorneys, by contacting him or an attorney of your choice and decide if they know what they are doing as regards this process.

Unemployment income is not consider stable income that is why they could not use it for the Modification.

[3KidsNeedTheirHome]

Hello All,

I was checking out this board the other day and I found a link to an FHA program , that I believe, said it would help pay for your arrears so that you can keep your home.

Am I halucinating (sp?) or can I just not find the link? It was a link that went directly to an FHA FLyer in PDF form.

Any help would be greatly appreciated.