Old 11-01-2009, 01:24 PM   #1 (permalink)
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Davis Law Firm on Mod problems

Davis Law Firm on Mod problems

This Mesa Law firm has a weekly radio show which are achieved on their website.

I listened to some of the shows and it was amazing the bad experiences the attorneys had working for clients that are of course exactly the same as being reported here. But these are lawyers that are given the same lies and misinformation from various servicers.

They charge about $4000 for mod services but in my view they can't do any more than what most of us are doing directly. Insisting on being tested for HAMP qualification and if so get on the trial, following up, talking to supevisors etc.

The attorneys are having the same problems helping clients we are having direct, confirming the need to get to Congress folks and as much media attention on why the HAMP program is not running as it should due to many servicers doing all they can to make it as hard as possible to get permanent mods.

A few specific examples:

Wells Fargo
Client scared to death after being set up on HAMP and making payments, Wells Fargo collection starting calling insisting on the full amount back payments to continue HAMP or would foreclose etc.

Countrywide
Setting folks up on forbearances where have to make up late payments over time along with regular payment instead of putting them on HAMP.

BOA
Told a client they could not have two late payments in the last 12 months in order to qualify for HAMP. BOA said it was in the HAMP guidelines. Attorney said he had the guidelines in front of him. Asked exactly what section he was referring to. BOA person had no idea just that they had gotten a memo that said this was part of the guidelines when it wasn't.

Overall
They expressed strong belief that servicers are just getting folks on extended trails but never had any intent to approve a loan mod.

My view is at least some of the servicers such as CitiMortgage are really trying to get mods done, especially with GSE's as investors but are simply overwhelmed with the massive number of us wanting HAMP mods and the extensive duplication often many times of paper work required etc. Other servicers are making up lies or coming up with requirements that are not part of the HAMP directives, to defeat HAMP mods.

Most of the radio shows are very basic of course aimed at the less sophisticated listener. But some comments are good about the problems of HAMP. Nothing really new learned, just confirmed what is being reported here. Too bad THEY don't promote calling Congress etc. Actually I am going to e-mail them linking to the petition etc.

But of course they are rightfully promoting their mod service so the more screwed up it is the more folks will hire attorneys and pay the legal fees. On the other hand I am on a pre-paid legal plan with them and they have given me very good answers when I call with specific legal questions. Usually not what I want to hear, but they seem very informed and helpful. I also attended their mod seminar which I previously reported on. I asked a lot of questions and they responded very well.

So far, if you need legal help in Arizona I would highly recommend them, if your willing to pay typical legal costs to have lawyers help you fight the mod battle.

There good but usually very basic radio archives are at
Davis | Miles: Legal Power Hour

The mod attorneys are Bryan Memmott, David Brown and Laura Bramnick.

Here is the e-mail I just sent the 3 attorneys:

As discussed on your radio shows many servicers are making it very difficult to get HAMP mods with requirements not in the Directives etc.

While the Treasury is trying to shame servicers into mods with reporting requirements many desperate folks trying to save their homes are organizing Congressional petitions, e-mail and letter campaigns trying to get HAMP to have enforcement provisions and as the Congressional Oversight report exposed the massive problems with servicers.

It would be nice if your firm would get more involved and encourage others to contact Congress/media etc about the issues you are running into for clients, just like those of us going direct.

There are tens of thousands of folks sharing info at Home Loan Forum - LoanSafe.org forum that are reporting the same problems you mention on your radio show.

They started a good petition which I believe addresses the issue with letters, e-mails to Congress at PETITION TO THE U.S. GOVERNMENT FROM AMERICAN HOMEOWNERS | Petition2Congress | which also includes personal comments about experiences.

In just a few days about 1000 letters and e-mails sent to Congress so far.

Instead of new home buyer credits more should be done with the millions of us desperately trying to save our homes who should qualify under HAMP except for servicers making it so complex and typically the 3 trials turn into 6 or more, often to be denied in the end for reasons that are not in the HAMP requirements.

Thank you for whatever you might do which would help your clients and all of us.


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Old 11-01-2009, 02:24 PM   #2 (permalink)
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Re: Davis Law Firm on Mod problems

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Old 11-01-2009, 02:35 PM   #3 (permalink)
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Re: Davis Law Firm on Mod problems

Excellent Dave. I hope they pick this up like the Mortgage Insider did after Catherine sent it to them!
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Old 11-01-2009, 05:06 PM   #4 (permalink)
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Re: Davis Law Firm on Mod problems

davephx,

I read an interesting article about the servicers and HAMP with very similar things. This one, IMO, was "the best":

"You do not qualify for HAMP because your current mortgage payment exceeds 31% of your gross income."

Seriously, no kiddin'...
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