2nd mortgage not modifying. What can we do?

[kshannondc1]

Ok, our first mortgage kept saying we wouldn't qualify for a HAMP modification. After a couple of months of us calling, I'm speaking to this woman who had "fuzzy" math. She actually called me back and told me she had made a mistake after I had argued the math with her previously. After many requests, we recieved the HAMP modification application on the same day as the INTENT TO FORECLOSE letter. Is that just coincidence? Or do you think this was done intentionally? I was reading that they are supposed to stop foreclosure proceedings while processing the modification but I wonder of the timing of the intent letter.

Our second mortgage company is just terrible. They initially offered to give us a 2 year modification but we had to agree that day! Also, they wanted so much money up front, it was impossible. Now, they refuse to work with us and they have us on speed dial with collectors and computers. We have asked them to not call, written, etc.. They just keep on calling, sometimes 4 times an hour. Very rude as well. But, they refuse any modification, they refuse to do a HAMP modification and what I don't get is that they are an equity line and the equity that was once there, really is not anymore. What can I do? I keep writing them to let them know that I want to work with them but I only get the "Pay now or else" calls.

Suggestions please! I am so scared we may lose our house.

[Moe Bedard]

Looks like you may have a second mortgage company that needs to be taught a lesson on the law and you might need to decide if you are going to let them use and abuse you or fight back.

I say now may be the time to file a Qualified Written Request and also another letter to not contact you via certified mail.

Read these posts:

Can creditors call you at work? | LoanSafe.org

At this time, the collection agency will begin calling all numbers you had originally listed as references, in order to get a hold of the borrower. According to the Fair Debt Collection Practices Act (FDCPA) the collection agency is allowed to call anytime of the day between 8AM and 9PM.

One of the biggest issues borrowers have with their creditors is that they will call the borrower at their work place in order to collect the debt. If you had listed your work number as a call reference, be aware they will call you at work in order to get a hold of you.People feel embarrassed and harassed by these phone calls, and hate the fact that their fellow employees now know their personal business. But be aware that you can stop these calls from coming.

According to FDCPA, if the borrower requests (either in writing or verbal) from the agency to stop the phone calls to their work, the borrowers command must be obeyed. If not, the collection agency is in violation of the Fair Debt Collection Practices Act. It is wise to keep notes of the person you spoke with, time, date, etc. You can also get rid of the phone calls altogether by simply sending a certified letter to the creditor stating, that you would like all communication to be ceased including phone calls, mail, etc.

Qualified Written Request | LoanSafe.org

A lot of abuse happens in the mortgage servicing arena. Some of the BS is done by mistake, but many believe that the constant run around, missed payments unexplainable fees etc. are done by design. The good news is that you have some ammo to help you fight back in case your being railroaded into mortgage hell.

Under the Real Estate and Settlement Procedures Act (RESPA) there is a little known consumer protection law that helps borrowers who have special inquiries and or disputes that are not being answered or met with their mortgage servicer. Under Section 6 of the Real Estate & Settlement Procedures Act (RESPA), a borrower ca request that the lender document all claims for fees.

If you have been charged questionable fees or even if you have not, isn't wise to make your lender prove to you every penny that you owe them?

What a homeowner can do under RESPA is request in writing what is called a “Qualified Written Request (QWR). In this letter you can as about all questionable fees, entries, documentation and a life of loan history (all fees and payments ever made on your mortgage) from your lender.