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  1. #41
    Founder Maurice Bedard's Avatar
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    As long as you are confident of keeping any assets, doing it yourself(BK) seems simple enough. I live in Oregon, and the limit on assets of all kinds is very low in a ch7. I plan on using an att'y just so my rear is covered. I have lived in other rural areas, and they don't like to deal with anyone other than local professionals. I grew up in CA, and know that it doesn't matter there, at least in the bigger areas, populationwise. I have family members in CA who have file for BK, and it seems like it is all automatic.

  2. #42
    Senior Member Tryingtostayafloat's Avatar
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    I received a letter from AHMSI yesterday verifying that I am currently being considered for an in-house mod, but the letter also mentions that I have met the minimum eligibility requirements for HAFA (Home Affordable Foreclosure Alternative). I have never even thought of HAFA, mainly because I did not know what it was. What caught my eye though, was the $3000 relocation incentive that comes with the program. This program is for anyone who does not qualify for HAMP and can not afford to stay in their home. The letter states that it is a program that allows you to "gracefully exit" your property. So it sounds like a good fit for me. However, it only gives you the option of a Short Sale or a Deed-in-Lieu, and I know the fact that I have a $125,000 HELOC would be a stumbling block for me. My 2nd, Wells Fargo, would need to agree to take $0 or next to nothing in order for me to do either the Short Sale of the Deed-In-Lieu. I really do not see that happening. I am not even sure AHMSI is serious about this program. It is probably just another government program that they are "required" to notify me about, but in reality, very few qualify for it.

    ______________________________________
    1st mortgage: AHMSI, $285,000 (first missed payment July 1)
    2nd mortgage: Wells Fargo, $125,000 (first missed payment July 20)
    Current value: $275,000
    HOA: $54 a month (current)
    Insurance: $40 a month (paid through October 2010)
    Property taxes: $5000 per year (delinquent since 6/30/2010)
    water pipe in closet: still dripping...slowly

  3. #43
    Senior Member frazzeled's Avatar
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    I hope someone has an suggestion for me.
    I have called my negotiator 2 times a week for the past 3 weeks and his vociemail has not changed since middle of August. I am trying to find an update on my HAMP and I am not sure who I should contact.
    Any ideas?

  4. #44
    Founder Maurice Bedard's Avatar
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    Try the hope hotline- 888-995-HOPE and tell them you can't contact your lender, and you can't get any info. When they don't return calls, it sometimes means they have denied your mod, and don't want to tell you themselves.

    Trying to float- Has your plumbing leak been solved? And one more minor suggestion. You could try telling them to completely withdraw your current HAMP request, and initiate a new one. I know that for fannie mae loans, there have been changes in things like allowable forbearance, and if your property value has gone down, it may help you qualify. If nothing else, getting another HAMP file opened may help slow down any foreclosure.

  5. #45
    Founder Maurice Bedard's Avatar
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    I just went back and re-read the thread. I think I figured something out that may help. Back when you submitted your HAMP application, you were not 60 days late. So because you posted on 8-4 that they were looking at inhouse, they had already determined that you were not eligible for HAMP for some reason. When you got a denial letter for DTI,it didn't make sense for HAMP, since your payment including taxes/ins are more than 31% of your income, so that looks like an inhouse denial. Now that you are further behind, and owe more taxes, and perhaps your homes value has declined, you may now pass the NPV test. The further behind you are is the same as decreasing the value of the property, pretty much. If you are behind and mod, the lender gets that sooner or later. If you end up in foreclosure, those misssed payments are gone forever. So another missed payment or two and you should pass the NPV test. Have you asked a RE broker what your house would sell for, not just zillow?

    I had a suspicion when I posted the previous post, which is why I wanted to reread the thread, and is why I suggested reapplying.

    After some discussions with people at HAMP compliance, I leaned that once you get denied for HAMP, your file is closed. Even if the bank tells you they are still looking at HAMP, if they are talking inhouse, they are not looking at HAMP.

    I think you need to get at least another look at HAMP, if not a new app, then at least by getting your file reopened. You might be able to get it reopened by calling 866-939-4469 and telling them that you have a foreclosure date coming up, and have been denied a HAMP without them even reviewing you for ir. Ask them to see if your HAMP file is still open. If it is not open, and was closed because you were current, and it was properly closed, you can reapply based on the fact that your situation has changed- you are now over 60 days late.

    You know by now after reading all the stories that what the reps tell you realy doesn't mean much. You should be in a HAMP trial plan by now or have a valid denial reason. Except for meeting the qualification that your current payment (including taxes and insurance) is over 31% of your income, DTI has nothing to do with HAMP. HAMP directives clearly state that they are to include PITI when computing your mtg payment, even if they are paid seperately.

  6. #46
    Senior Member Tryingtostayafloat's Avatar
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    Denied for in-house modification!

    I got my morning wake up call from AHMSI and was told that I was denied for an in-house modification due to debt to income ratio on September 16. No big surprise there.

    Frazzled, When did you first apply for HAMP? I got my denial within a month of applying. They call me all the time, so I am continually getting updates. I have not had to call them once. I would follow ****** on this one. He is an example of how to get a successful HAMP modification. Please check out his posts. You will need to be patient and persistant.

    ******, At this point I am just trying to buy some time, so I will probably write to find out why my HAMP failed the NPV test, and then maybe re-apply after I get my response. I do not think my house is going down in value except for the payments I have missed being tacked on to the back of my mortgage. Two houses very near me sold for $290,000 and $320,000 in the last couple of months, and these houses were not too much bigger than mine. Realistically, the only way I can afford my house is if they were able reduce my payment to around $1000 and with taxes and insurance ($400 and $40) per month, they would have to reduce my mortgage payment to around $600 a month. There is no way they can do this on a house with a $415,000 mortgage or with a $290,000 mortgage (if second was charged off). Thanks for all the suggestions though and trying to help.

    Regarding my leaking pipe, I still have not fixed it. It has just been a case of out of sight, out of mind. I figure if AHMSI takes my house back than they can fix it.

  7. #47
    Senior Member frazzeled's Avatar
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    tryingtostayafloat, I applied the beginning of July and had to refax the paperwork in the middle of July. I received a call saying we didn't include dats on the tax request. So, i sent that in and received a letter accepting all our paperwork the beginning of August and it said it would take 30-60 days for them to review the file and I have not heard from them at all. I call the negotiator that i have been assigned and his voicemail has been the same for a month no, and no return call yet. I think that I will email Jeanne Drake to see if I can get some updates.

  8. #48
    Founder Maurice Bedard's Avatar
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    They are allowed to forbear(ballon payment) an amount to make the loan equal to the value, or 30% of the loan balance, whichever is greater. But with a gross income of $2600, you only qualify for a $800 payment. With $440 for escrow, that only leaves $360 for the principal and interest, or about a $120k loan. If your home is worth $120k, you might qualify. Or if you made $3700 a month, you would qualify. My income is about the same, but my loan is only $130k and tax/ins are $220 a month.

    In your case, just about all you can do is stall them, and save the money. I didn't realize that it was your income holding you back from getting the mod. If you can delay a while longer by applying for HAMP, and then file for BK at the last minute, you could probably manage another 4-5 months without any payments. They could make a $1000 a month payment work, at least for a while, if they want to. I think it all depends on how much you are upside down. they won't do it if you are close to even in the property with the 1st mtg.

    There is also a kind of epoxy you just spread over the leak that is supposed to fix it. And if you know what kind of pipe it is, if you get the right pvc glue, and glob it onto the pipe around the leak, it might 'melt' the pipe into the hole. You would need to shut off the water line, probably to the whole house, and open your faucets to relieve the pressure, but it would only take a couple minutes.

  9. #49
    Senior Member Tryingtostayafloat's Avatar
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    I received my AHMSI loan mod denial letter dated September 16. It states that my loan modification was not approved due to: "Modification not allowed under current Pooling Servicing Agreements." What??? Give me a break. Is that the best you could come up with? I think that there is a huge wheel in the loan mod department that they spin for each distressed loan to see which reason they will put on the denial letter. I am so glad that I do not want my home, otherwise I would be really mad. I am still getting 1 to 2 calls a day from AHMSI. However, they are not leaving messages.

    I answered a call from Wells Fargo on September 22. The call was from the Loss Mitigation dept, and I was advised that I was 65 days late and could I make a payment today. Of course I said no and that I just wanted the loan charged off. The guy was really nice and said that it would be another 2-4 months before the loan will be charged off. He said I will still be getting calls asking for payments since I could come into money or win the lottery. So the only way to get the calls stopped is to send a cease and desist letter. As of today though, I have not received a call from them since Sept 22. I think they give you a week respite. How kind of them.

    Frazzled- Did the email to Jeanne Drake's office help?

    ******-Yes, that is pretty much my plan just to stall them and save up money. It has been nice having that extra money every month. My guess is that I will probably have to move at the end of February. I am hoping that they will give me cash for keys, since I am staying to the bitter end. I am only going to fix the pipe if it gets worse or if I get motivated to do it. I figure the new owner, probably AHMSI, can fix it. Thanks for the tip though.

    _____________________________________________
    1st mortgage: AHMSI, $285,000 (first missed payment July 1)
    2nd mortgage: Wells Fargo, $125,000 (first missed payment July 20)
    Current value: $275,000
    HOA: $54 a month (current)
    Insurance: $40 a month (paid through October 2010)
    Property taxes: $5000 per year (delinquent since 6/30/2010)
    water pipe in closet: still dripping...slowly

  10. #50
    Senior Member izzie's Avatar
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    Hello! I am new here & I hope I am in the right tread! When I signed a mortgage loan (note) back in 2006, with Option One, they sent me a letter stating AHMSI will now be serving my loan. I have tried for a Loan Mod, and did get one, I met all requirements. Jan, 2010, they sent a letter stating the investors are not allowing it. I was hearth broken. I and my husband filed for B.K. (and included the house) it was Discharged May 2010. Now the note holder as i am told by my B.K. lawyer (and is true) has to still go thru all the foreclosure process in order to take the house back. Ok, well it is Wells Fargo who is proceeding with the foreclosure on us, and they are not anywhere on the title or note. Then I get a letter stating the original note has been lost, and they are still proceeding with the foreclosure, What bothers me is Wells Fargo is not on the note, I cant figure this out? They lost the original Note. I have all the papers I signed at closing. Wells Fargo is not on them. I do not want Wells Fargo coming after me after all is said and done, stating they are owed money, when I filed on AHMSI. If anyone can help me figure this out, I would really appreciate it!
    Thank you!!

  11. #51
    Founder Maurice Bedard's Avatar
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    Wells Fargo owns AHMSI and could have also bought the loan from option one, or maybe even bought option one entirely.

  12. #52
    Senior Member izzie's Avatar
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    Thank you! Can you tell me if I should make them produce the note, would that be in my best interest? Or, since I have filed a BK just let it go?
    With this MERS thing going on, I'm wondering if Wells Fargo is not in some way involved. I really dislike them.
    Thank you,
    izzie

  13. #53
    Founder Maurice Bedard's Avatar
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    If they don't have the note, who knows? There is another thread about lost notes. You should be able to do a site search for that phrase It is a post by 'irishmom'

  14. #54
    Senior Member Tryingtostayafloat's Avatar
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    izzie-AHMSI was my original lender when I bought my home in 2004. However, I learned in August 2010 that The Bank of New York Mellon actually owns my loan or as they put it are an, " Indenture Trustee for American Home Mortgage Investment Trust 2004-4, the creditor to whom the debt is owed..." The Bank of New York Mellon is no where on my loan paperwork either. I assumed my loan was sold to them in the intervening 6 years. I have not received any information from them that they can not produce the note on my house though. I am not sure how that will effect your foreclosure timeline. Hopefully someone else on this forum can answer that.

    ******-Are you sure that Wells Fargo owns AHMSI? I know Wells Fargo owns ASC (American Servicing Company) but I did not know that they also own AHMSI (American Home Mortgage Servicing Inc.). I did find an article by Moe posted in 2009 about someone named Wilbur Ross, who owns a New York equity firm, is the new owner of AHMSI. They bought it when AHMSI went bankrupt. I added the link below. This is all so confusing.

    Wilbur Ross Purchases Citi’s $185 Billion Mortgage Servicing Portfolio | LoanWorkout.org

  15. #55
    Senior Member izzie's Avatar
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    Thank you for that! I'm at a cross roads now that MERS is in focus today. I did fax over a request to AHMSI demanding they produce a note within 10 days. If they can not, or will not, I this week (not waiting) will contact a lawyer to see if I have a leg to stand on. I know I filed bk but again, I do not want Wells Fargo coming back on me because I filed on AHMSI only...not Wells Fargo. So that really concerns me.
    I don't know. I'm so happy I found this site! I love this forum!!
    izzie

  16. #56
    Founder Maurice Bedard's Avatar
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    Trying- you are right, I lost my mind somewhere. I blame it on being left handed- I remember things backwards or something.

  17. #57
    Senior Member Tryingtostayafloat's Avatar
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    Sale date of January 7!

    I just talked to India. I have a sale date of JANUARY 7, 2011. What? So soon? My first missed payment was July 1, 2010, so that will make it only 6 months! I really thought I would have longer. The guy from India was clueless. I told him I had just mailed my HAFA paperwork on October 1 and that I was trying to get a Deed-in-Lieu. He kept asking me if I have had any offers on my house. I said no, I do not want to do a short sale, but he did not get it, or maybe he did. It could be that AHMSI, will only allow the short sale option through HAFA, and not the deed-in-lieu. I do not know. I will have to wait and get their response before I plan my next move.

    I would like to get this whole thing over with, so maybe the January 7 sale date is a good thing. I guess it just came as a shock this moring. My house is probably worth what I owe or a little less, so I guess AHMSI does not want to drag this out. Also, since I have sent all my financial info to them, they know there is no way I can afford my house so they want to strike fast. They are the sharks and I am the easy prey in the water.

    __________________________________
    1st mortgage: AHMSI, $285,000 (first missed payment July 1)
    2nd mortgage: Wells Fargo, $125,000 (first missed payment July 20)
    Current value: $280,000 per zillow.com
    HOA: $54 a month (current)
    Insurance: $40 a month (paid through October 2010)
    Property taxes: $5000 per year (delinquent since 6/30/2010)-Now paid by AHMSI as of Oct 4, 2010 per their website.
    water pipe in closet: still dripping...slowly

  18. #58
    Senior Member izzie's Avatar
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    Tryingtostayafloat, is that an Attentive sale date? Or an actual sale date? There is a difference! I'd call the Sheriffs office in the county that the house is in, they would know when that sale date is for sure, and if they can not tell you it means they have not gotten anything on it! AHMSI is always stating a sheriffs date when I call, and I know its nowhere on the county's book (sheriffs sale in county where my house is) to have my house sold. So, I always ask to be sure with AHMSI does you computer screen say Actual...or Attentive?? Hope that helps!
    Best of luck to you!
    izzie

  19. #59
    Senior Member Tryingtostayafloat's Avatar
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    Thank you!

    izzie--thanks so much for your post. I feel so relieved now. I did not know there were two different types of sale dates so I did not think to ask the rep from India. I did check my county recorder's website and there has been no NOD filed or NOS filed, so I bet it is just an attentive sales date. I will ask the rep when he calls back in 3 days (they call me every 3 days now about the same time, so I will ask then). Thanks again.

  20. #60
    Senior Member izzie's Avatar
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    ALERT please copy and paste this on as many sites (threads here and everywhere else) as you are able! People need to read this on the Presidents desk now is a paper that will sweep under the rug (as Goldie on another tread pointed out) MERS and let them get away with what they have done to us! Please read and call and pass this on! Tell president Obama not to sign this, if he does he is for Wall Street not Main Street!! izzie
    Action Alert – Please tell President Obama NOT to sign the Interstate Recognition of Notarizations Act « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

  21. #61
    Senior Member Tryingtostayafloat's Avatar
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    Notice of Default filed!

    A Notice of Default has already been filed on my property. I just checked my county's website and the NOD was filed yesterday, October 5. I am only just over 90 days late on my first (first missed payment was July 1). This seems really fast. AHMSI must really want my house.

    Has anyone else on this forum received a NOD after only being 90 days late?

  22. #62
    Founder Maurice Bedard's Avatar
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    I got mine immediately after my trial period. My trial payments put me one month behind and their records showed an additional two months. It took me two more months to get two misapplied payments added back to my account. But they did move as fast as possible(Wells Fargo)

  23. #63
    Senior Member Tryingtostayafloat's Avatar
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    I was sent another HAMP packet and in-house application. What?

    I went to the post office today to pick up a certified letter. I was assuming it was the official NOD which was filed with my county on 10/5. However, to my great surprise, it was an application for HAMP and an application for the AHMSI in-house loan mod. What? I received my official denial letter for HAMP on 9/3 and the official denial letter for an in-house mod on 9/18. The letter in the packet was dated 10/1. Is AHMSI just incompetent or are they just playing a game with me? Are they just checking off a box that they need to send to the government to show that they have are actually trying to help delinquent homeowners? Now they have my signature verifiying that I have received the information.

    I would fill out the paperwork again just to mess with them, but I am afraid it will effect the HAFA application that I sent them. I mailed the HAFA paper work on 10/1. I did get a call from AHMSI this morning but they did not leave a message. I was hoping they would call back so I could see if they received my HAFA info.

  24. #64
    Founder Maurice Bedard's Avatar
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    Yes they have to check off all the boxes to prove they gave you everychance to avoid foreclosure. If you apply again, it could delay things. You could make an error in your incoem, and put down $3700, instead of $2700, and that might confuse them into giving you another trial period. I figured about $3700 is what you need to earn to qualify for HAMP.

    Too bad that Wells Fargo is the one major lender not joining in the foreclosure moratorium.

  25. #65
    Senior Member Tryingtostayafloat's Avatar
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    AHMSI has received my HAFA paperwork

    I received my morning wake up call from AHMSI. (Isn't it nice that I do not even have to call to request this. I can expect it every 3 days). Anyway, the rep told me that they did receive the HAFA paperwork on Oct 13, and my case will be assigned a negotiator soon. I also found out my sale date has been pushed back to January 28, which makes more sense, since per CA law, an actual sale date has to be at least 110 days after the NOD is filed (NOD was filed on Oct 5). This is actually the 3rd sale date of have been given over the phone. On Oct 5, I was told the sale date was Jan 7 and then on Oct 11, I was told it was Dec 30. I never realized how fluid the sale date actually is.

  26. #66
    Senior Member Tryingtostayafloat's Avatar
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    I just talked to India. Isn't it nice that I get to talk to someone half way around the world about the forelosure of my house. Who would have foreseen that? Anyway, it is what I expected, they are missing my hardship letter. Surprise, surprise! I applied for the HAFA program and sent in my hardship letter, pay stubs, bank statements and 2009 tax return, and specifically requested a deed in-lieu. Now they are telling me they did not get my hardship letter and specify what I wanted. Please. This is so frustrating. I guess I will just have to wait to get the official letter since this guy did not know what he was talking about, as usual. My estimated sale date is still Jan 28 though, so I have time.

    I did receive two copies of my NOD in the mail though. The NOD is very official looking so you will know when you get it. My official NOD date is October 5, but I did not get it in the mail until 10/18 so it takes a couple of weeks.

  27. #67
    Senior Member Tryingtostayafloat's Avatar
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    Update...

    Hi everyone, I am just getting over the flu so I have not posted in awhile. I have been sick and miserable for the last 10 days (note to self, when your employer offers a free flu shot in your office, take it!). Anyway, here is my update...

    I received a missing document letter from AHMSI regarding my HAFA application. I did not send in the RMA (Request for Modification and Hardship Affidavit) document. I did not realize that I had to send in the same form I had filled out for the HAMP modification. I guess the RMA is an all purpose form. The RMA only gives you two choices regarding what you want to do with your house. You can either choose, "keep the property" or "sell the property." Since I do not want to do either, I created my own checked box and labled it "Deed In-Lieu." I am sure they will love that. I just do not want to go through the short sale process at this point. I only have 3 months left until my auction date and I know it will take at least that amount of time to sell my house, and they will probably just forecluse anyway. The Jan 28 auction date seems pretty solid at this point.

    I got a vist from an "Independent Field Inspector" on Oct 25. He/she did not knock but just left a note on my door stating that "An Independent Field Inspector called on you today" (what is this 19th century England?). The note asked me to call AHMSI and provided a new phone#: 888-275-2648 so I called the number and who do you think I got? That's right, India of course. Boy are they tricky. Of course the person in India had no record of someone coming by my house and did not know why. I am sure they are coming by just to make sure I still live in my home.

    I also got a letter from my county tax collector stating that AHMSI short paid them on my property taxes (why am I not surprised?). In addition, I got a letter from AHMSI stating that they have not received a bill from my homeowners insurance so they took out their own insurance policy and are tacking on $1800 to my bill. My insurance is currently in renewal this month and it takes them about a month to bill me for the new policy, but the coverage has not lapsed. I called my insurer today to make sure they send the bill directly to AHMSI. My insurance is only $500 so I would much rather have them pay that. If AHMSI does not pay it, I will continue to pay just to protect myself until I move out.

    Finally, Realty Trac has my house listed for around $300,000 in their pre-foreclosure section. I owe $290,000 to AHMSI so they are trying to break even on my house. I do not think they will get that much for my house though. I paid $415,000 for it in 2005.

    That is all for now. Happy Halloween!

  28. #68
    Senior Member Tryingtostayafloat's Avatar
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    Turned down for the HAFA Deed in-lieu

    I just receved a voicemail from my negotiator at AHMSi. They have turned me down for the HAFA deed in-lieu due to it not "being in the best interest of AHMSI." The negotiator said that I would first need to try to sell my house for at least 6 months before they would even consider a deed in-lieu.

    I really do not want to go through the hassle of selling my house, and I know I could not be guranteed that they would not foreclose on the property anyway. However, if I could get a gurantee that AHMSI would give me the full 6 months to try to sell the house I may consider it. I need to think about this though. I may call her back on Monday to see if they will gurantee the six months to sell my house. At least I have her extension now and will not have to worry about being connected to India. My auction date is 1/28/2011.

  29. #69
    Senior Member Tryingtostayafloat's Avatar
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    Good News...

    I know I haven't posted in awhile, but not too much has really happened. I do have some good news though. A great family, with a house and acreage, adopted my two large dogs. I am so relieved and happy. This was always my biggest concern, and the reason I held on to my house for so long even though I could not afford it. I feel like a huge weight has been lifted off me. I do not care if I have to live in some seedy motel, I will just be happy knowing that my dogs are in a good home.

    On the mortgage front....A rep from AHMSI stopped by for the 3rd time yesterday. I have not been home on any of the occasions. He or she just left the same old note to call them. I did't of course. I know they are just checking to make sure I am still in my home so I do not mind. It looks like AHMSI just sends these reps out once a month.

    My 90 days since my NOD was filed is almost up (Jan 2, 2011), so I am anticipating getting the formal Trustee Sale notice soon. I did get a notice that my Trustee has been substituted from First American Title to Power Default Services so I am not sure if that will delay the Trustee Sale or not. They also sent me a certified copy of this, but I did not bother to go pick it up at the post office.

    Phone wise...things have been relatively quite. I get phone calls sporadically from both AHMSI and Wells Fargo, but I have not talked to either company since early Nov.

    Rental search...I have been looking actively at rentals, but have not found the place I want to call home yet. I didn't think finding a rental that I really like was going to be so hard.

    That is all for now.

  30. #70
    Senior Member Tryingtostayafloat's Avatar
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    I just posted the message above 10 minutes ago, but it did not show up on "Todays Posts." I am not sure why. I will try again.

  31. #71
    Founder Maurice Bedard's Avatar
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    I don't think the post will show up until someone replies. None of my posts shows up anymore until a reply is made.

  32. #72
    Senior Member Tryingtostayafloat's Avatar
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    ******-That is really strange. Even though you replied, my thread still did not show up in Today's Posts. I guess I will have to blog only to the Option 1/AHMSI crowd.

  33. #73
    Senior Member Tryingtostayafloat's Avatar
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    Wow, I just received my Notice of Trustee Sale. Someone in a very nice car drove up on my drive way, got out and taped it to my door. The date of the sale is Jan 26, 2011 at 10AM. AHMSI really means business. It has only been a little over 6 months since I stopped paying on my mortgage. I think the time frame depends on who your lender is and the neighborhood you live in. I live in a development of 57 homes and not one is currently in default, so that must be why they want to sell my house right away. They think they can sell is quickly.

    I am going to stay until they kick me out so I will let you know what happens. I am hoping they will offer me cash for keys at the end of the month. I have not made any other living arrangements yet, so I am playing it by ear. I will let you know what happens.

  34. #74
    Senior Member Tryingtostayafloat's Avatar
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    UPDATE on My Wells Fargo HELOC:
    I received a letter this week stating that my HELOC had been charged off on 11/26 which I thought was rather quick since my first missed payment was on 7/20, so it only took a little over 4 months to charge off. WF is really on top of things. Yesterday I received a voicemail from Tiburon Collection Agency, and today I returned the call. It was regarding the WF HELOC, however, the person I talked to sounded like she had no idea what the debt was, so I had to explain that it was a purchase money loan used to buy my house that will be put up for auction on 1/26/2011. She said I owed about $127,000. She also asked me if I still worked at an employer that I had 13 years ago. Wow, I thought they would have better information than that. I refused to give her my new employer info, and I asked her for an address where I could send a cease and desist letter. She said that she would continue to call. She was pleasant to talk to even though I have heard really bad things about this collection agency.

    I am sending the cease and desist letter. Here is the link to the Fair Debt Collections Practices Act that gives you your rights regarding debt collections: http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf

  35. #75
    Senior Member Tryingtostayafloat's Avatar
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    Apartment hunting

    I just got approved for an apartment in an upscale develpment. My credit application was initially denied, but since I told the agent that all I had on my credit were late payments to my first and second mortgages, they accepted me. The only penalty was that instead of the special being offered of a $99.00 deposit, I will have to pay the actualy deposit of $300. So really I am only being penalized $201 for the foreclosure which is not too bad. I still qualified for their "free month" special. I really love this apartment so it worked out great.

    I just wanted to let everyone know that if you do have to foreclose, landlords are not penalizing us too bad. Now I am just hoping for cash for keys. I will let you all know if that happens.

  36. #76
    Senior Member Tryingtostayafloat's Avatar
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    I am no longer a home owner!!!

    My house sold today at auction to a 3rd party investor. The deal went down at 10AM and the opening bid was $180,000. That is way low since I know the new investor will be able to get at least $270,000 for it. I still owed $292,000 to AHMSI. I don't know what it sold for. Does anyone know where I can find that info? I looked on my county's website, and tacforeclosures.com/sales, but it was not on either site. I am just curious.

    I am hoping the new owner comes by tommorow or Friday to offer cash for keys. I will keep you updated.

  37. #77
    LoanSafe Guide TomEason's Avatar
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    Quote Originally Posted by Tryingtostayafloat View Post
    My house sold today at auction to a 3rd party investor. The deal went down at 10AM and the opening bid was $180,000. That is way low since I know the new investor will be able to get at least $270,000 for it. I still owed $292,000 to AHMSI. I don't know what it sold for. Does anyone know where I can find that info? I looked on my county's website, and tacforeclosures.com/sales, but it was not on either site. I am just curious.

    I am hoping the new owner comes by tommorow or Friday to offer cash for keys. I will keep you updated.
    Tryingtostayafloat
    You can go to LPS Sales Agency and Posting site (Google it) to see trustee sale results and histories. It's free. Don't wait because they only go back about a week.

  38. #78
    Senior Member Tryingtostayafloat's Avatar
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    Quote Originally Posted by tomeason View Post
    Tryingtostayafloat
    You can go to LPS Sales Agency and Posting site (Google it) to see trustee sale results and histories. It's free. Don't wait because they only go back about a week.
    Thanks Tomeason for that information. I did go on to that site but it did require you to give them your name, email address, address, ph# to sign up, so I thought I would just wait a day. This morning I looked on tacforeclosures/sales and the sale price was listed. The winning bid was $200,500!! Zillow has the house value at $282,000 so they are going to make a nice little profit when they turn around and sell it. No one came by yesterday, but the sale has now been recorded on my county's website. I hope they come by today as it is my day off. I am hoping they offer $3000 for cash for keys and give me a move out date of 2/15. This will be ideal for me. The not knowing has been a little stressful, but I am trying to be patient. I hope they do not go the other route and try to evict me.

  39. #79
    LoanSafe Guide TomEason's Avatar
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    Quote Originally Posted by Tryingtostayafloat View Post
    Thanks Tomeason for that information. I did go on to that site but it did require you to give them your name, email address, address, ph# to sign up, so I thought I would just wait a day. This morning I looked on tacforeclosures/sales and the sale price was listed. The winning bid was $200,500!! Zillow has the house value at $282,000 so they are going to make a nice little profit when they turn around and sell it. No one came by yesterday, but the sale has now been recorded on my county's website. I hope they come by today as it is my day off. I am hoping they offer $3000 for cash for keys and give me a move out date of 2/15. This will be ideal for me. The not knowing has been a little stressful, but I am trying to be patient. I hope they do not go the other route and try to evict me.
    Tryingtostayafloat
    Reference C4K, this settlement is a negotiation. So, ask for the $$ you want, and the timing to vacate that is suitable. You aren't required to accept their first offer. And, please make sure you get a signed agreement, and the contact info and address of the new owner.

    FYI, in the future if you try to use a free site, and they reqirre you to register, you're allowed to give them fake info. Just remember your userid and pw or the log-in.

    Good luck on your C4K and move.

  40. #80
    Senior Member Tryingtostayafloat's Avatar
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    Cash for keys story (C4k)

    Ok, let this cash for key story be a lesson on what not to do. I came home today to an investor's card in my door. This was exactly 4 business days after the trustee sale on 1/26/2011. I called the name on the card and left a message. He called back within 1 minute (I am not kidding you). My goal was to get $3000 cash for keys. During my conversation with him, he did not even mention that as an option. He told me about the eviction process and gave me a timeline. After his long spiel, I asked him if he did cash for keys. He said that since the entire eviction process only costs them $1500 that is all they offer. I guess I was shocked by the low price. So I shot back with a $2500 figure since I would need to hire a junk company to haul away my junk. Of course, he shot back with $2000. I am so stupid. Since my goal was $3000, I should have asked for $4000. Then he would have come back with $2000, and I would have said $3500 and than he would have said $3000 which I would have taken. Always ask for much more than you are willing to settle for. They do not want to evict you. Plus, they do not want you to damage the place if you are disgruntled, $3000 would have been well worth it for them as they are going to be able to make at least a $50,000 profit on this place.

    Also, he mentioned that I can leave my junk and I do not even have to clean the place (not even broom clean) since it is very cheap for them to remove junk. He said that it is expensive for them to move furniture, so that is what they do not want to do. They just do not want you to do damage to the place. He also requested that I leave all the appliances, which was what I was planning to do anyway.

    This investor was extremely nice. He made me feel bad for asking for the $2000. I also put myself in to a corner by only giving myself 2 weeks to move out. I should have asked for 4 weeks. I bet I would have gotten that as well.

    Remember when asking for cash for keys, it is so much better for them to pay you rather than go through the eviction process. Stand your ground and remember that you have the upper hand. They want you out of the house, and want the house left undamaged.

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