First Horizon Mod - Need Advise

[BP Florida]

OK, here is my story, My wife and myself purchased a house, the company she was working for was sold, thus the office was closed and she lost her job. I have been working 2-3 jobs paying the mortgage for months, however with the recalculation of the escrow, the payment jumped too high for me to manage. After she was laid off (income slashed in half), we found out she was pregnant, and the baby was born and placed in the ICU. So here is the rest of the story with First Horizon/Metlife. I will leave out some of the calls which I could not get any information in as this is going to be long.

In February 2009 I contacted First Horizon requesting a mortgage re-work/modification package, of which I was told that they will send the packet, however, to qualify for a mortgage re-work I have to have missed at least two payments. I completed and ubmitted the packet in March 2009. I called First Horizon on a weekly basis to receive information on my modification request, however, when I started to be directed everywhere without accurate information, I decided to start these notes.

05/14/09 - Mr. Steve Cabrera called notfitying me that he is from a new department - HMP Department (Home Modification Department - 1-866-814-4414) - he requested information on why I am requesting a modification. He only has that I was delinquent. I provided a background on my hardship, of which he stated that I was eligable for a modification packet, which I should receieve in 15-30 days. I re-ittereated to him that I already had the packet filled out and submitted to First Horizon back in March 2009. He stated that it is a new department and that the infor should be sent accross from the previous department to them.

05/14/09 - I called First Horizon to verify the information provided by Steve Cabrera, who notified me that my case was transferred to a new department and that they should be receiveing my modification request I submitted in March.

05/15/09 - Called HMP Department (Home Modification Department - 1-866-814-4414) - Spoke to Diego - reittereated my hardship and income, which he verified the information as stated by Steve Cabrera.

05/20/09 - Called HMP Department (Home Modification Department - 1-866-814-4414) - Told that my case was transferred to Default Resolutions (1-866-633-0358)

05/20/09 - Cannot get hold of anyone at Default Resolutions

05/28/09 - Finally got through with Mr Leroy of, what I am told is now First American, who is now handling all modification requests for first horizon. Mr. Leoy stated that all foreclosure proceedings are on hold.

06/09 - Called First American numersous times requesting an update, and was always told to be patient they are working on it, and I should know something soon.

06/26/09 - Received Letter of intent on foreclosure and that information was forwarded to David Stern to Process foreclosure.

06/26/09 to 07/09/09 - Called First American numerous times requesting for information as to why I am still in foreclosure and was on hold for hours.

07/09/09 - Called First Horizon Loss Mitigation numerous times requesting for information and was on hold for hours - left a message requesting a call back. Left all my information.

07/09/09 - Got hold of Clint (TKQ) at Default Resolution, who could not provide information

07/09/09 - Got hold of Sergio (SR1) who indicated that there is a stop hold on foreclosure, their department started in April 09 and they got my information in May 09 from First Horizon and that they are working on a package and I should receive something soon. Likewise, he is again submitting a stop/hold on foreclosure and I should call the loss mitogation department to notify them of this.

07/09/09 - Called First Horizon - Got hold of Brandon (UKL) and somehow this ended up being Default Resolutions. Brandon was rude and unhelpful. I asked for a manager, and I was told a manager was unavailable, I was transferred from him to a voice messaging system, I left a message and my cell no. asking for a someone to contact me.

07/09/09 - Called First American - Teresa Ramos (informed me that they do not have identification numbers) and was informed that she is placing a foreclosure stop/hold note, I was asked to reinstate my hardship. I was advised to isregard all further mailings as it is automated and I am already in the system for a modification

07/10/09 - Called First American - Teresa Ramos (amazingly I got the same person twice) she verified all the information as stated the day before, foreclosure stop/hold note, I was asked to reinstate my hardship. I was advised to isregard all further mailings as it is automated and I am already in the system for a modification

08/10/09 - Received statement of complaint and that the house is in foreclosure proceedings

08/10/09 - Called First American - Yasmin - 1-866-814-4414 - verified my information, do not have information, cannot have no forclosure, 05/15/09 received my information, will forward information to manager (Matt Cochran). Asked me to call back tomorrow.

08/10/09 - Transferred and left message for Jenna Copp of Law offices of David Stern - regarding the letter delivered as well as the stop/hold on all foreclosure proceedings as detailed by Teresa Ramos.

08/10/09 - Called First American - Sissily - 1-866-814-4414 - I asked to speak to a manager, she put me on hold to get one. Manager - Amanda - said she needs the date of foreclosure that she can provide to the lender and state that they have not sent us the packet yet, and that forclosure proceedings should be placed on hold.

08/10/09 - Called Law offices of David Stern - 1-954-233-8000 - Spoke to Mandy - Who notified me that I am in foreclosure proceedings, and I have been served complaint that I am in foreclosure proceedings. She needs written verification from Metlife that they have a stop hold on foreclosure. otherwise they are proceeding.

08/10/09 - Called First American - Lynette - 1-866-814-4414 - Discussed with her that the law office is actively pursuing a court date for foreclosure of which she has placed a stop/hold request for foreclosure. She advised me to contact First Horizon and notify them of there is a stop/hold foreclosure which should then carry over to First Horizon notifying the legal firm seeking foreclosure.

08/10/09 - Called First Horizon - Jenae Sherrod - 1-800-364-7662 - I called to notify them that First American has placed a stop hold on foreclosure. She said they closed out the file in May 09, and is unsure as to why, she sees no activity of review since then except for notes for forclosure. She wanted to requalify me for they HMP (Home Modification Program) of which I was aksed all my financial information and reason for hardship. They then deterrmined that I met the qualifications and would I now have to re-submit my bank statements, pay stubs, work-out sheet and hardship letter. She also advised me that foreclosure is now on hold and a sale date is post poned. Once they get this information, they will assign it to a reviewer/negotiator, of which can take approximately 45 days, once they review it they should get back to me, so it should take 60 days or so from when I submit the package. However, she urges me that they are backed up on modification requests, so it could take a little longer.


My Questions are:

- What in the world are these people on?????
- So they closed my file request for a modification since MAY 09, thus Metlife has been seeking foreclosure, while First American and First Horizon has been been telling me to be patient they are working on it and all foreclosure proceedings are on hold. So I am going to be liable for all the attorney fees if I am approved a mod.
- I am afraid that the arears as well as all the attorney fees may be to much that they may deny my request.
- Even if I can scrape together some funds to pay some of the arears, I cannot as the house is now in foreclosure proceedings, when it should not have been?
- I have 20 days to respond to the courts on the letter of complaint filed by the legal firm on behalf og First Horizon, what should I do? send them a cover letter explaining I am in the modification process and include a chronology of what I am going through?

[Enough Already]

Hi BP,

Sorry to hear about all the trouble/run around these people have given you. I do know you need to respond to the notice of default within 20 days of receipt. If you can hire a lawyer do. If you can't afford one I'd try a google search for something like: notice of mortgage default response letter.

I hope this info helps at least a little. Good luck to you!

[Enough Already]

PS: I'm not an attorney. The above it just my advice based on my research.

[Marshall Rosenbach Esq.]

You need to file an answer to the foreclosure complaint. That will buy you time while you work with the loss mitigation department on your modification. This happens all the time - you are working on a modification, and they pursue a foreclosure lawsuit against you. Understand this is just how they operate, but a modification is still very possible. Once you get a modification, the lawyer will be notified and the case will be over. But until you get the modification, you have to protect your rights in court by filing an answer to the complaint.

[BP Florida]

Marshall, thank you for your response. However, I do have a follow up question.

There is a count II on the filing;
- an action to enforce a lost, destroyed or stolen promissory note and Mortgage under Fls.Stat 673.3091,

There is a copy of the mortgage attached, and there is no note attached. shouldn't the origial note have been included for proof by the Plaintiff?

This continues on to state;
The Plaintiff is not presently in possession of original Note and Mortgage. However,
- Plaintiff has directly or indirectly acquired ownership of the Notoe and Mortgage from a person who was entitled to enforce Them when the loss of possession occured;
- the loss of possession was not the result of a transfer by Plaintiff or lawful seizure; and
- the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR whereabouts cannot be determined.

First Horizon was sold to MetLife, as such souldn't the filing mention MetLife? There is no mention of MetLife throughout the document, only First Horizon as being the Plaintiff. The reason I ask this, is based on my discussion with the Legal Firm who has placed the claim. They mention MetLife as their client and not First Horizon.
Also if MetLife is the Client, wouldn't this indicate that Plaintiff is now MetLife, and that they have obtained this lost Note by a transfer which contradicts their original statements?

Wouldn't this be just reasons to file a request for extension or dismissal until Plaintiff can provide evidence of the Original Note, Mortgage as well as originals closing documents to examine if any additional documentation is missing?

Thanks again