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This is a discussion on HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials within the Loan Modification forums, part of the Mortgage Advice category; - - HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on ...

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Old 12-26-2009, 07:49 PM   #1
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HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

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HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

12-26-09 - On Christmas Eve, when the news was assured of getting no coverage whatsoever, The White House announced that it had eliminated the maximum bailout cap for Fannie Mae (FNM) and Freddie (FRE).

As some observers have pointed out, all the move really did was formalize what everyone has figured for decades, that the two zombie GSEs were truly organs of the federal government, and that their debts would be backed up ad infinitum.

So, why the move, and why then?

What the Treasury’s lifting of the bailout caps on Fannie and Freddie might portend for 2010

Might Treasury be taking these steps in anticipation of the following?

1. Revisions to the flagging Homeowner Affordable Housing Program (HAMP). Any changes will likely increase near term bailout costs to Fannie and Freddie if HAMP’s current reliance on interest reduction is replaced in part by principal reduction. The losses associated with a modification of a loan using an interest rate reduction are spread out over time while a modification using principal reduction results in taking a more immediate loss.

2. Fannie and Freddie taking on a greater role in the near term to support their own mortgage backed securities (MBS). Now that the Treasury’s and the Federal Reserve’s own support programs are in the process of winding down, the administration’s actions may be preparing Fannie and Freddie as the vehicles for continuing this support. The Treasury’s December 24, 2009 announcement raises the portfolio limits to $900 billion each, thereby providing Fannie and Freddie with the ability on a combined basis to increase their portfolios by a total of $275 billion. At the current rate of the Fed’s MBS purchases, this new capacity would last about 4-5 months.

More at
Here's The Secret Reason We Eliminated The Bailout Caps On Fannie And Freddie

Thumbs down: Trial loans
12026/09 - Since coming into office in January, the Obama administration has been pushing lenders to do more to prevent homeowner foreclosures triggered by the collapse of the housing market and questionable mortgages. One of the proposed remedies was the Home Affordable Modification Program (HAMP), which allows homeowners to turn their volatile adjustable rate mortgages into fixed rate loans.

But to date only 4 percent of the 759,000 trial loan applications have been converted into permanent loans, a rate that falls far short of President Barack Obama’s stated goal of 75 percent.

Further complicating matters, the application homeowners fill out to participate in the HAMP program contains a fine-print clause that waives critical notification rights a borrower would typically have with a lender. The clause allows banks to move directly to foreclosure on loans and auctioning of home during the application process, without notifying homeowners who in good faith have made payments on the proposed, restructured mortgage for up to three months.

What a shock for a homeowner to wake up one day, thinking foreclosure had been avoided, only to find out just the opposite. True, lenders have the right to review HAMP applicants to check their credit worthiness. But no borrower should be placed in a position of losing their home without notice.

Source: The Olympian (Washington)
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Old 12-26-2009, 07:52 PM   #2
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

More HAMP Speculation

12-26-09 - It is possible that the Treasury directive on Wednesday to extend the review period for all active HAMP trial modifications until at least Jan 31, 2010, and the announcement on Thursday to uncap the potential losses for Fannie and Freddie are somewhat related.

There is a possibility that the Treasury is planning on introducing a principal reduction component to HAMP in January, and this could lead to significantly larger losses for Fannie and Freddie (just speculation on my part). There has been no announcement yet, and even if this is proposed it might only apply to Fannie and Freddie related loans, and not private MBS (the number of Fannie/Freddie loans compared to private MBS varies significantly by servicer).

In general HAMP is a fine modification program, but its reach is limited. As I noted in February when the program was announced:

[A] problem with Part 2 is that this lowers the interest rate for borrowers far underwater, but other than the $1,000 per year principal reduction and normal amortization, there is no reduction in the principal. This probably leaves the homeowner far underwater (owing more than their home is worth). When these homeowners eventually try to sell, they will probably still face foreclosure - prolonging the housing slump. These are really not homeowners, they are debtowners / renters.

Of course Treasury initially oversold the HAMP program claiming the initiative would "reach up to 3 to 4 million at-risk homeowners". Now they are defining "reach" as being "offered to".

The key problem for the Treasury is they are concerned house prices will become unglued again if another flood of foreclosures hit the market. And this in turn could lead to further losses for the banks.

Source: Calculated Risk
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Old 12-26-2009, 08:01 PM   #3
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

we need to keep an eye on that clause re: no notification for foreclosing. Quite frankly I did not notice that in my papers.... not home right now, but I am certainly going to check. If they try that with me there will be hell to pay.
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Old 12-26-2009, 08:15 PM   #4
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Yes the no notice paragraph is in every standard HAMP agreement. It does say or other alternatives but easy for the servicer to say don't qualify for alternatives. And alternatives are basically inhouse, short sale or deed in lue - last two don't save the house.

Hopefully something is stirring to save HAMP .. and our homes!
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Old 12-26-2009, 10:38 PM   #5
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

dave and ********, I watch your posts and know you guys know what you're talking about and appreciate all the research you've done and posted for others on this forum ... question for you ******** ... what will you do if you find that your paperwork DOES include the "no notification" clause? aren't you in your trial period right now? will you put your modification at risk? Just curious ... I am with Wachovia and am still in review, not even been offered a trial period yet ... thanks again for how much your info has helped all of us ...
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Old 12-27-2009, 07:59 AM   #6
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

what I'd like to know, is if there is some way to 'watch' them to see if they are trying to sell the house from under us? Would this have to be registered with the county first? Could I somehow do weekly checks there to see if my status has changed to 'foreclosure sale'?

Would this information be available to me.. (I'm in Ca.), and would weekly be enough?
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Old 12-27-2009, 08:37 AM   #7
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Quote:
what I'd like to know, is if there is some way to 'watch' them to see if they are trying to sell the house from under us? Would this have to be registered with the county first? Could I somehow do weekly checks there to see if my status has changed to 'foreclosure sale'?
Well, you'd still receive the course of foreclosure notices, i.e. starting with intent to foreclose, etc. What happens though, these notices are arriving and when you call the lender they tell you ignore these notices as you're in trial period HAMP. Sure you can ignore them, but it doesn't stop the actual clock that is ticking.

Yes, the statement is included in all HAMP paperwork. I remember questioning it when I started my trial period and guess what? I was told -- "don't worry about that, you're in the trial period so it won't happen, just make your payments as scheduled and it'll be fine."
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Old 12-27-2009, 09:22 AM   #8
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

yeah, don't worry ... you'll be able to refinance that predatory loan too.
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Old 12-27-2009, 09:26 AM   #9
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

lkzip - since I already sent the paperwork in, I will watch and wait. And then act when I need to. I check with my county recorders office for new filings every 2-3 weeks (unfortunately ours are not online - I have to go down to their office). If they tried to do that now when I've already paid my first 1/1/10 payment......well I would raise all types of hell. I don't expect it, but ready for it. Just gotta be ready to MAKE SOME NOISE when you need to.
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Old 12-27-2009, 09:31 AM   #10
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

notification is part of the mortgage note and can not be waived with this application. IF they are going to foreclosure they have to follow the terms of the note or they could be in breach of the note if they fail to follow it.
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I am striving to have 10,000 people call their mortgage servicers day after day after day until they do on of two things - Make It Right or Make Them Gone!

And if you tell everyone you know we may have 100,000 people calling day after day after day. They WILL want you to quit calling....
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Old 12-27-2009, 09:36 AM   #11
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

cajun - you sound like you know what you are talking about. Clearly I haven't looked into this. Thank you.
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Old 12-27-2009, 09:58 AM   #12
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Another thing to consider is that the Trial Period Agreement states that the Agreement is not valid unless it is signed by both the borrower and the Servicer. Thus, you can't waive rights on what is deemed an invalid contract if you never received your signed copy of the trial period agreement.

I've made 6 trial period payments now and still haven't received my copy of the signed trial period agreement. Very few people have.
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Old 12-27-2009, 08:17 PM   #13
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

The foreclosure sale huge concern is for those of us who have already had the notices and the 90 day period (or your states period) and are at the mercy of servicers not to sell as soon as denied so no longer on trials. And we have had reports here of some horrible "accidental sales" while still on trials.

Often the trustee company doing the sale only checks the status the say before the sale and there is no notice required in any public record to do the sale once the 90 day (AZ) period has gone by from the initial notice of Trustees sale. Being on trial doesn't stop the ticking 90 day (AZ) clock, even though as I read the HAMP directives they should not be starting any foreclosure action if on trials but most all the servicers do.

Not receiving the signed agreement back is a valid issue. But don't recall this ever being used as an excuse to deny modification. They come up with crazy reasons but not that THEY didn't sign and return to us the Trial Agreement.
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Old 12-27-2009, 08:21 PM   #14
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Lots more media/blog reports on HAMP and Fannie/Freddie change:

Many Republicans call it socialism and are against any government help for home owners.

12-26-09 - Geithner’s Christmas Eve Surprise
Obama administration via its Treasury Department quietly completed the government takeover of the housing industry.

On Christmas Eve, Treasury announced that it would provide unlimited support to Fannie Mae (FNM) and Freddie Mac (FRE) for the next three years. All losses they incur will be funded by the taxpayer and instead of mandatory reductions in their mortgage portfolios, the two will be permitted to once again grow their asset base.

Given that there currently exists no meaningful private market for mortgages in this country and the last pretense towards Fannie and Freddie as private entities has been stripped away, it seems pretty clear that from this point forward the control of residential mortgage finance has been ceded to the federal government.

But what does it mean for the immediate future? The Business Insider has a good, short-list of possible implications. You can check them out for yourself but I did find the first item of interest:

Revisions to the flagging Homeowner Affordable Housing Program (HAMP). Any changes will likely increase near term bailout costs to Fannie and Freddie if HAMP’s current reliance on interest reduction is replaced in part by principal reduction. The losses associated with a modification of a loan using an interest rate reduction are spread out over time while a modification using principal reduction results in taking a more immediate loss.

In an attempt to limit the damage the economy does to their majority in the 2010 elections, the administration is likely to go all in on mortgage modifications that require principal reduction. They can only take so much skin off of the banks in this effort and the last thing they want is to put the financial system back in another crunch. That leave Fannie and Freddie as the vehicles to bail out homeowners that so far have resisted efforts to “save” them. It makes perfect sense that the Treasury’s announcement of unlimited support would be followed by a big, new homeowner bailout program.
Source: Geithner?s Christmas Eve Surprise
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Typical Republican Reaction all negative while for HAMP it might be positive:

12-27-09 - Washington Post - U.S. promises unlimited financial assistance to Fannie Mae, Freddie Mac – By Zachary A. Goldfarb – The Obama administration pledged Thursday to provide unlimited financial assistance to mortgage giants Fannie Mae and Freddie Mac, an eleventh-hour move that allows the government to exceed the current $400 billion cap on emergency aid without seeking permission from a bailout-weary Congress.

By promising to keep the companies solvent, the government can maintain its sweeping power over the housing market. Fannie Mae and Freddie Mac have played a central role in Obama administration policies to keep mortgage interest rates low, restructure unaffordable mortgages, stop foreclosures and funnel money to housing programs around the country.

Fannie Mae and Freddie Mac have long been targets for Republicans, who say they are evidence of how government support for the housing market contributed to the financial crisis.

"The Obama administration's decision to write a blank check with taxpayer dollars for the continued bailout of Fannie Mae and Freddie Mac is appalling," said Rep. Scott Garrett (R-N.J.), a member of the House Financial Services subcommittee that oversees Fannie Mae and Freddie Mac. "Not only is this a continued bailout of failed entities that need to be privatized to protect the taxpayer, the timing of the announcement is clearly designed to try and sneak the bailout by the taxpayers."
Source: washingtonpost.com

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12-27-09 - A Questionable Housing Policy (HAMP the negative view)
This article questions a study that higher home ownership rates are good public policy vs renters.

"Many of those involved in the HAMP program have had handed to them a no-lose proposition. They drag their feet while they live rent free and each time they hear that this is the last best offer, they see another moratorium or new offer come down the pike. Genius is not required to conclude that at the end of the day the government is going to do whatever it takes to avoid any further deterioration of the market. Street smarts suffice.

One can accept the assertion of the Fed study that positive results do accrue to the nation from a higher rate of home ownership and at the same time ask what should be the cost of securing those benefits. Unfortunately, it seems as if we view those externalities as priceless, ergo there is no limit on the amount of money we should expend to stave off a decline in the rate as a result of negative equity. That’s a questionable policy position."
Source: A Questionable Housing Policy -- Seeking Alpha

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12-26/09 - Fannie and Freddie’s Huge Christmas Bonus
While Americans across the country hustled and bustled for last minute gifts and holiday preparations, our wizards in Washington tied a big red ribbon on a blank check made out to Freddie Mac and Fannie Mae. In the process, a future of socialized housing finance has been increasingly solidified.

Why would the Obama administration pass this blank check under the cover of darkness on December 24th? In hopes that America had just settled down for its long winter’s nap and would miss this act of pillage and plunder.

Let’s take note. Let’s ponder this development. What exactly does a blank check and unlimited access to bailout funds truly mean? I envision the following:

1. A total lack of discipline and accountability in the distribution of taxpayer funds.

2. A full government takeover of the U.S. housing finance industry.

3. A socialized housing policy and accompanying programs.

Blank checks are no way to run a country!! Capitalism has been under assault all year long and this year end shot is the ultimate kick in the balls.

These bums must be thrown out.
Source: Fannie and Freddie’s Huge Christmas Bonus | Sense on Cents
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Old 12-31-2009, 09:51 PM   #15
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

I am still being reviewed since mid Nov and my house is in foreclosure. The first auction date was scheduled for Dec 18 and when I called Wachovias foreclosure dept the said it was put on hold as soon as I applied for the HAMP. On Dec 18 my house showed up on the list but said it had been postponed till Jan 26. I am hearing they will postpone them several times if need be. I am in the state of California.
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Old 12-31-2009, 10:52 PM   #16
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Wink Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Quote:
Originally Posted by cajunbell View Post
notification is part of the mortgage note and can not be waived with this application. IF they are going to foreclosure they have to follow the terms of the note or they could be in breach of the note if they fail to follow it.
It states in my trial agreement that all rights of notice, including intent to accelerate are waived upon acceptance of trial agreement.

Thanks again Davephx for the information. Of course it had to be done at the eleventh hour under the cloak of darkness or it would never have been done. I hope that this means that those who are underwater in their homes may see some principle reduction in the future it sounds like it anyway. I always look forward to reading your most informative posts.
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Old 12-31-2009, 11:06 PM   #17
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

The standard no notice sale in the Trial Agreement "SHOULD" be overridden now by the new notification and delay in sale in the new Treasury Directive effective 1/1. If its followed.
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Old 12-31-2009, 11:07 PM   #18
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Cajunbell, do you know something more about this that you could share? How exactly could they be in breach of the terms of the note if we agreed to waive our rights per the original note by signing the agreement?
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Old 12-31-2009, 11:18 PM   #19
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Zander - the no notice in trial agreement is only effective after the notification period under state law. So those of us already beyond the 90 days (AZ) and have sales scheduled are the ones it effects.

But with all the delays more and more are getting foreclosure notices and the notification periods are expiring and more and more are reaching sale dates.
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Old 12-31-2009, 11:37 PM   #20
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Yes just spent some time reading up on the directives. i have recieved a notice of default but no notice of sale as of yet. I am really getting nervous now. I don't know how people are dealing. How long can you prolong the sale date. Was i reading that now they need to give ten days to respond to denial before they can move forward and then thirty days to review if you dispute the reason for denial. It buys time.
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Old 01-01-2010, 02:03 AM   #21
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

If non judicial which it seems most are in MA, It looks like notice of default 90 days than sale notice only have 21 days before sale so you should check MA law more closely. It seems fairly quick.

You can not prolong the sale date unless the servicer agrees once the process has started. That is the problem but not suppose to sell until reviewed for HAMP and other alternatives.

What you describes sounds like judicial which is rare, so is important to know which it is.

In Massachusetts the usual method of foreclosure is through sale under a power of sale clause in the mortgage. The sale must be conducted in accordance with the requirements specified in the power of sale clause. Notice of the foreclosure must be published once a week for three weeks in a newspaper of general circulation in the town where the land is located. The first publication must be at least 21 days before sale. Notice must also be sent by registered mail to any owner whose interest was recorded as of 30 days prior to the sale. The actual date of mailing must be at least 14 days prior to the foreclosure sale.
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Old 01-01-2010, 06:22 AM   #22
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

Thanks again davephx for all your work and info sharing!
Happy New Year!
I am hoping we all get good news this year.
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Old 01-01-2010, 10:29 AM   #23
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Re: HAMP REVISIONS may be a reason for the 12/24 removal of Fannie/Freddie Bailout Caps & Thumbs Down on Trials

thanx davephx... looks like i don't have a lot of time left. I will definately be reading more on ma. forclosure law. It seems that after five months they have just thrown my account back to collections. I was not recieving collections calls before two weeks ago. That's great so everyone in my town will know that my house is in forclosure before they even send me notice. That is what i was thinking that i would have time to review and respond to denial before they moved to forclose doesn't seem to be the case. How are things going for you?
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