Trying to Work with AHMSi, just placed in foreclosure

[Orygun]

I've been lurking on the boards for a while, working through my situation that has slowly come to a boil. I'm finding AHMSi difficult to deal with, more so in past months.

Here is my story:

I bought my home on an 80/20 interest only loan in 2006. I was able to get both loans modified in 2008 as the interest was about to reset, this process with AHMSi was actually easy.

Since that time, I was laid off and fell behind on my payments beginning last April. During this time I applied for HAMP. AHMSi lost my application over and over, and come July I was able to find employment again and so they denied the HAMP and asked me to apply for the Making Home Affordable program...and would I please send the paperwork in *again*. I've sent this same stack of documents five times. I dutifully sent the MHA application back in late August, registered mail.

On September 8 I called to confirm they had my application and wanted to find out if a negotiator had been assigned - I had paystubs from my new job and wanted to get that added to my file.

Well, the fellow on the phone informed me they did not receive my application (despite my confirmation of delivery) and my home had gone to "Active Foreclosure". I was devastated.

I called again this morning and asked if they had received my MHA application would I still have gone to foreclosure? "No" was the answer. So frustrating, I've sent this.

The details on my home:

281k - 1st loan @ 5%
67k - 2nd loan @2% ---great rates!

The home is worth 260k, if I receive a modification to bring the home current I will have to bring in all the missed payments plus their foreclosure attorney fees, which is 20k. This means I will owe 370k on a 260k house.

I am so at a loss as to what to do. AHMSi tells me I can still apply AGAIN for a Making Home Affordable mod but I am so confused. I feel like I'm making emotional decisions when I should be making business decisions.

Anyway, I don't know what I'm going to do. I feel so ill-informed and I don't understand the best path forward. I'm going to spend some time researching short sales, foreclosure, bankruptcy. I will document here what happens next.

Thanks for LoanSafe.org, I appreciate having a place to hear about others experiences. I feel like I might be able to get to a place of making an informed decision, hopefully.

~ Orygun

[Orygun]

Well, I just returned home from a fairly unproductive day of meetings with swindlers who insist they can help "negotiate" with the AHMSi on my behalf. One is simply called a "mortgage negotiator" and I'm a little suspicious of their services. They offer (for no money from me mind you) to negotiate a modification. I could not get clear on how they get paid...they also help with short sales (the have real estate agents on staff) and I have a feeling this is ultimately where they want you to end up - this is the only way I can see them getting paid. The first thing they want to do is have a call with AHMSI and ask to settle the 2nd and modify the first. Has anyone ever heard of this happening successfully? Seems like a pipe dream to me.

Next, I went to the bankruptcy attorney. While I didn't enjoy meeting this "lawyer" in the pink shorts and tennis shoes at his filthy smelly office, he did give me some good info about chapter 13. He tells me I can get the 2nd mortgage discharged and set up a payment plan on the first this way. As I already have a good rate on the 1st mortgage it would just mean bringing the late payments into the chapter 13 payment plan. This seems like a reasonable approach and while I don't plan on signing on with this attorney, I am looking for another one to possibly do a chapter 13.

Have I overlooked any downfalls to a chapter 13 repayment plan? I would be left with a mortgage of around 290k, which is still underwater but much more palatable to me than a mortgage that is 110k under water which is what I would have if I kept the 1st and 2nd. This certainly seems better than foreclosure.

Anyone have any experience discharging a 2nd mortgage with AHMSi in a chapter 13? I've searched the boards and I don't see anyone who has done this.

Thank you ~ Orygun

[birgithelga]

birgithelga@yahoo.comwhy do you want to file a chapter 13?you probabely will be paying more interest on the loan .what do you want to do / if you want to keep the house then get ready to do some homework so that you can address your problems properly.no sense in filing for bankruptcy now,if you have been served with the OFFICIAL foreclosure papers.AHMSI is known to use fraudulent business practices,finally texas attorney general filed a suit!why do you let them run over you?you do have rights.if they had been sued in several states already why do you even trust them?
the loan modification document will contain a schedule A with your payment amounts and a two page letter that basically waives ALL your rights.
if i would know what state you do reside in i could give you some info

[Orygun]

Thanks, birgithelga ~ I'm located in Oregon.

I just got off the phone with the person I've asked to represent me (not a lawyer, but a negotiator) and someone at AHMSi. The person on the phone from AHMSi didn't know I was on the line with my representative when he called. My representatived informed the AHMSi rep of my intent and desire to keep my house. The AHMSi rep stated they had an estimated foreclosure date of February 8 (this was news to me, I've not received one scrap of paper about being in foreclosure.) My rep also reiterated I have sent in the modification paperwork three times and none were acknowledged and we've received nothing about a foreclosure. The AHMSi rep then told my rep that he was mistaken about my intentions and that I had sent in short sale documents today. THAT WAS THE BIGGEST LIE. I had not sent in any short sale docs. My rep then brought me on the line to speak to that and the AHMSi rep backpeddled real fast.

So, you're right birgithelga, they are total liars and manipulators.

Anyway.

They asked for the MHA modifcation paperwork AGAIN. I reiterated at this point I want to settle on the second and modifiy the first. He said no way. The only way to do this it seems is to file chapter 13. Oy vey. I can't afford the payment if all the late pays are pushed back into the first and second mortgages, I just can't.

Whether it's right, wrong or otherwise I want to stay in my house. The only way to do that is to kill the 2nd.

~ Orygun

[goldie]

I have a suggestion for you. Contact one of these attorneys. They are not only BK attys, but consumer advocates and are familiar with the securitization process. If you going BK you can file an adversary proceeding against your lender. This is a mini lawsuit within a BK. Even if it is a 'mini' it can still be expensive. Even if you just do a 13, the servicer has to provide a proof of claim. If you have a savvy attorney they can ALMOST ALWAYS find something wrong (because there just is - the servicers fraud abounds!) with these so-called "proofs", ranging from lack of standing to collect/foreclose to improperly applied accounting, etc. That leaves you room to negotiate some kind of settlement. Aim for 80% of fair market value and 2-3% interest. Judges in the BK courts are seeming to "get it" (lender/servicer fraud) more so than other courts. Here's the list of Max Gardner's BK Bootcamp Grads. Good luck!

Find Grads | Max Gardner's Bankruptcy Boot Camp, LLC*

Mortgage Securitization, Servicing, and Consumer Bankruptcy - Law Trends and News - ABA General Practice, Solo and Small Firm Division

[Orygun]

Update on my situation:

last week, AHMSI said I could apply for an in-house mod and HAFA (the "graceful exit" or what I like to call coup de grâce). I faxed these docs in Friday. When I called this morning to confirm their receipt, apparently they were not logged because the company I had employed to negotiate a modification had gone ahead and told AHMSi I wanted to do a short sale and faxed in an application for that. Crap. I do not want to do a short sale.

So, this morning, the negotiation company was fired and I am now looking for an attorney. If AHMSi rejects the in-house mod and approves my HAFA - which I understand to include deed in lieu - I'll need an attorney. This process is so confusing and exasperating.

Hope everyone is doing well.

~ Orygun

[goldie]

Update on my situation:

last week, AHMSI said I could apply for an in-house mod and HAFA (the "graceful exit" or what I like to call coup de grâce). I faxed these docs in Friday. When I called this morning to confirm their receipt, apparently they were not logged because the company I had employed to negotiate a modification had gone ahead and told AHMSi I wanted to do a short sale and faxed in an application for that. Crap. I do not want to do a short sale.

So, this morning, the negotiation company was fired and I am now looking for an attorney. If AHMSi rejects the in-house mod and approves my HAFA - which I understand to include deed in lieu - I'll need an attorney. This process is so confusing and exasperating.

Hope everyone is doing well.

~ Orygun

Have you seen this? Please read:

American Home Mortgage Unraveled « Livinglies's Weblog

[Orygun]

Have you seen this? Please read:

American Home Mortgage Unraveled « Livinglies's Weblog

so....is this part of the whole produce the note thing people are doing? Sounds like they maybe kinda sorta own their mortgages but not really.

Incidentally, when I called in to remove the authorization for my representative to work on my file I informed AHMSi I'm in the process of hiring an attorney and will be adding a new authorization this week.

The rep put me on hold, came back, and insisted I needed no attorney that it is MUCH easier for me to work with them directly. Heh, right. Perhaps the link you've posted here is a big reason why they don't want me to get an atty. I'll be sure to share this link with whomever I end up hiring as the attorney.

Now that I have a job and I'm in foreclosure, I'm more than happy to throw all my money at at an atty.

Thanks for this, Goldie.

[goldie]

so....is this part of the whole produce the note thing people are doing? Sounds like they maybe kinda sorta own their mortgages but not really.

Incidentally, when I called in to remove the authorization for my representative to work on my file I informed AHMSi I'm in the process of hiring an attorney and will be adding a new authorization this week.

The rep put me on hold, came back, and insisted I needed no attorney that it is MUCH easier for me to work with them directly. Heh, right. Perhaps the link you've posted here is a big reason why they don't want me to get an atty. I'll be sure to share this link with whomever I end up hiring as the attorney.

Now that I have a job and I'm in foreclosure, I'm more than happy to throw all my money at at an atty.

Thanks for this, Goldie.

Have you read any of IrishMom's posts? She has been fighting AHMSI for quite awhile and WINNING, I might add!!! I know the Texas Attorney Gen recently sued AHMSI, so you might want to Google and see what you can find out there. I laughed when you said you are happy to throw all the money at the attorney - I throw all mine that way, but I can't say I'm 100% "happy" about it - lol - its just we have to do what we have to do and it is a big sacrifice, but the alternative to not fighting would be much worse. I have doubts & uncertainty (especially at night - tossing & turning - ugh, I just hate that), but try to keep my spirits up, stay informed & help others.

[Orygun]

Ha! I *am* happy to pay someone to take on some of this burden, that's pretty screwed up, eh? I have read Irishmom's posts...I'm just really having a hard time finding an attorney that will help with the potential mortgage violations. They all want me to just do a chapter 13 and get me through the system. I'm in Oregon and have visited three attorneys, one "negotiator", and two real estate agents. I've still not found anyone that is willing to just go to the mat on the offense with AHMSi. In my own review of my account it looks like a lot of my payments weren't applied, there are many mysterious fees, I'm sure the right attorney could have a field day...if only I could find them.

Thanks again Goldie, I hope you have a peaceful day.

~ Orygun

[goldie]

Ha! I *am* happy to pay someone to take on some of this burden, that's pretty screwed up, eh? I have read Irishmom's posts...I'm just really having a hard time finding an attorney that will help with the potential mortgage violations. They all want me to just do a chapter 13 and get me through the system. I'm in Oregon and have visited three attorneys, one "negotiator", and two real estate agents. I've still not found anyone that is willing to just go to the mat on the offense with AHMSi. In my own review of my account it looks like a lot of my payments weren't applied, there are many mysterious fees, I'm sure the right attorney could have a field day...if only I could find them.

Thanks again Goldie, I hope you have a peaceful day.

~ Orygun

I don't blame you for not wanting to do the 13 if you really don't have to. To live under a trustee's thumb for 5 years would totally stink (in my opinion - but I realize people have to do what they have to do and if 13 is a good option for them, then go for it). I chose the nuclear 7 myself, but I had some other issues than just the home loan going on. Why don't you e-mail the livinglies site & see if they have any Oregon attorney recommendations? There has to be a good attorney who is knowledgeable about mortgage servicing fraud and securitization in Oregon - finding it is just the hard part! Keep snooping - you'll find someone. Be choosy too & ask a lot of questions. Livinglies has a list of questions to ask a potential attorney. You have a peaceful day too & let us know how the search progresses.

[Orygun]

Update:

I called just now and spoke with someone state-side (total miracle) and was told my MHA application was received (9 millionth time is a charm!)

and get this....a negotiator was assigned! I'm sort of blown away at the apparent sign of efficiency. I was assigned to a person named Mathew Palmer and given an extension to reach him. I was also told to stop calling that they'd call me. Hahaha. Whatever.

I was also told the 2nd won't be considered for a mod. I'll continue to update over the next week as I call Mr. Palmer every damn day of the week.

I have two more meetings with attorneys as I look for someone to help me out, I've also written the attorney general in Oregon about AHMSi. My complaint was that I've requested a meeting either in person or on the phone with AHSMI before the foreclosure continues, which is required under state law. AHMSI has denied my request for a formal meeting, breaking the law.

Hope everyone is doing well.

~Orygun

[Maurice Bedard]

I am in Oregon too, and my contact with the AGs office was a waste of time. I was told that they weren't interested in pursuing the matter because it didn't affect enough people in the state. I complained about WellsFargo, which is basicaly AHMSI. I had better luck contacting Sen. Mekleys office. I don't know it they helped, but it was less than 2 months after they contacted fannie mar about my loan that I got a final mod. If your loan isn't fannie or freddie, they may be able to work through Treasury to get a little pressure applied.

If you get the meeting, it is suppose to be with someone who is authorized to offer a modification. I would do it in person, at an att'ys office.

Also, if you qualify, a ch13 could last as little as 3 yrs. My atty said my payment would be about $140 a month for 3 yrs to cover $90k in credit cards, $6k in a car loan, and a $42k 2nd, plusany of his fees over $2k. I can stand a little court supervision for that kind of savings and keep the car as well.

[Orygun]

Hiya ****** - thanks for your reply...that's a heckofa deal on your ch13. Ch13 is my trump card if AHMSi won't modify my loan. I understand that many judges here in Oregon are willing to strip the 2nd this situation. It is something I'm definitely thinking about. I'm planning on bothering the AG's fairly regularly as well, I have an hour at lunch and I can make a lot of calls during that time!

If you wouldn't mind messaging me privately to share any names of attorneys you've found and liked here in Oregon, I'd be grateful. I keep suffering fools on this front, I can't believe some of these lawyers I've met, they're ambulance chasers.

Thank you!
~Orygun

[Maurice Bedard]

It is only a heckuva deal on the ch13 because I am now heck of poor. The BK att'y is pretty decent, but no Johnny Cochran. I guess that is good because Cochran died a few years ago. He doesn't do anything but bankruptcies- no mods, and foreclosure only as part of the BK, but I have found that he knows what he is talking about. I spoke to many others. This guy was actually referral from someone I work with. For BK, you want someone who has done BKs very local, since they get to know the judges and trustees, and know what to expect. He even knows which of the two judges will be better for me, and we need to submit on certain days of the month to make sure my file goes to him. This is in Eugene.

I tried to find a local att'y for my mod, but no one is dealing with them. Oregon outlawed any upfront fees for mods, so the att'ys don't want to risk working for free. There is a low income atty in Portland- Hope Del Carlo who was very helpful, but couldn't do anything for me since I am in Lane County.

[car67]

Stripping second AHMSI just starting
process.... Got damn good attorney

Muir and Troutman in Beaverton Or
Call and make Apt to see Ted Troutman
www.muirandtroutman.com

Nice guy nice staff.... Tell him JOE R sent ya

[car67]

OOPS
debt relief attorney, Muir and Troutman, Portland Oregon - a debt relief agency, bankruptcy, credit card debt, financial help

[Orygun]

AWEEEEEEEEEEEEEEEEEEsome car67, THANK YOU. Big big thanks, been really hard to find a good attorney for whatever reason.

Thanks to ****** too for the advice!

I'll call them straight away. Yay!

~Orygun

[sarahjones]

I am going thru the same thing i recently recieved a forclosure letter in the mail for assistance. They have helped me out a lot im so glad i am having them work on my case. The website is called www.LMHCINC.com. Hopefully you get the same help I did.

[Orygun]

Well, the clock is ticking. Receive my sale date in the mail today of January 19, 2011. That's coming up pretty quick.

I have heard nothing from the negotiator at AHMSi, Mathew Palmer, despite my calling and leaving voicemails. I will be meeting with attorneys later this week to figure out next steps. It's looking more and more like I will need to declare chapter 13. Ugh.

~Orygun

[Maurice Bedard]

Orygun- I reread this thread and picked out something that you may not be aware of. If you get approved for HAMP, it doesn't matter how much they put of your late payments they add to the loan. Your payment will be the same if you qualify, at least for the first 5 yrs, if you get a rate reduction. The payment is based on your income, not on how much you owe. Also, once you are being reviewed for HAMP, and get into a trial period, they won't sell your house during the official 3-4 month HAMP trial. So that would slow the sale if you started a trial in November. Since you have now actually applied for HAMP, HAMP escalations or compliance can help you. Until you actually have an application for HAMP that has been received and processed, of course HAMP can't help. That would be like asking an insurance company for help if you didn't have a policy with them.

When I dealt with HAMP compliance/escalations, they told me to call them if I got a sales date, and they could stop it, but I already had a HAMP file. Once you get a HAMP file, until you get a denial letter, with a valid denial, HAMP compliance won't let them close your file and foreclose. There was something done recently that told the banks not to proceed with foreclosures until the file was reviewed if it was still open.. To get it reviewed, and keep it open, it is up to you.

[Fourth Density]

Hi Orygun, I received my Notice of Default from AHMSi in December 2007, but I still have possession of the house. I have been battling AHMSi with an administrative process and a federal lawsuit. The so called lender has no proof of ownership, they are only a creditor. The entity foreclosing on you paid 20 cents on the dollar for equity rights to start foreclosure proceedings on your home when you default. They have no standing. On average, there are 48 RESPA, TILA and other federal violations on every loan out there. You can fight back and other home owners in this community are doing just that. Let me know if want more information.

_Fourth Density

[Orygun]

****** ~ Thanks for having another look at my story and telling me a little more about HAMP. it's interesting, I was told I was denied HAMP because I was no longer unemployed. BUT, I never received a denial letter or anything. Just some jerk on the phone saying sorry lady, now you're in foreclosure. Should I submit the HAMP application again? Thanks for any advice there.

Density ~ I'd be very interested to hear what you have to say regarding the issues around ownership of the house. What do I do if there is already a foreclosure date? I do file a lawsuit somehow? Oy vey, this is getting ugly.

[car67]

Orygun

Did you get a chance to call Ted? Forget AHMSI and all the fish lines they put in front you.
Take em to bankruptcy and make em respond to the courts

[Orygun]

*** Long Update for Y’all***


So, things just get crazier and crazier with AHMSi, no surprise there. I have been unable to reach Mathew Palmer, the person assigned to my account. I’ve left him messages asking for a confirmation that he has everything he needs. Time is short and I need to get him any missing documents.

He’s never called me back. Instead, his outgoing voicemail states homeowners should call the general line for a status, and please don’t leave multiple messages because it just clogs up his inbox. Alirghty then. So, I called the general line today and was told lo and behold: nope, they don’t have my apps for MHA, HAMP, or HAFA. I’ve sent all these again and again. Instead, Mr. Palmer *was* reviewing me for a traditional mod but she could see in the notes that was recently denied.

Totally awesome to never hear from anyone in this short period of review and denial. Again, they refuse to even REVIEW me for any of the government programs. So, I sent the below to Jeanne Drake and Jim Davis via fax. Meeting with another attorney tomorrow re: Chapter 13.

I am so angry.

~ Orygun


Dear Ms. Drake,

I am writing to you as a last resort. I have sent in four applications for a home modification. I received a foreclosure sale date for January 19, 2011 during this time I keep sending in applications for a modification that subsequently get lost.

I was told by a phone rep my negotiator’s name is Mathew Palmer. I called Mr. Palmer to make sure he had everything he needed from me, as three previous apps were missing I wanted to stay on top of this with the foreclosure approaching. Mr. Palmer’s outgoing voicmail instructed homeowners to call 877-304-3100 for a status.

When I called the line, I was told I did not apply for HAMP, HAFA, or MHA, when in fact, I have applied for all three. Multiple times. What do I need to do to get these apps into your system? I was then told that Mr. Palmer reviewed my app for a traditional modification instead and it has been denied. This is very distressing as I’ve never heard a word from Mr. Palmer and it seems you are still not receiving my applications for HAMP, HAFA, or MHA.

I simply requesting a status and a conversation regarding this very very large asset we are both invested in. I want to stay in my home but I cannot make any progress on that if I cannot receive a straight and clear answer regarding:

· Confirmation of the applications you have received from me
· Whether or not I am denied or approved, or if the process is still ongoing

You can understand, I am sure, that the future will be a very different and busy place if I need to vacate the home for a foreclosure in a few weeks from now. I need time to find a place to live and kindly ask that I receive some sort of notice from you. If I need to file bankruptcy to stop this action and have a reasonable conversation with you, I will do that. But right now, I’m simply asking for a status and confirmation on where we are in the process as well as your kind consideration of my HAMP and MHA applications for a modification.

Kind regards,

[Maurice Bedard]

Very good letter. You should always cc a copy to the CEO, pres, and board, and also your senator, reps, etc so Ms. Drake sees that others are hearing about the failures in her dept.

I'm sorry but I don't recall if you ever called HAMP at 866-939-4469 optio2, not 3, to see if they had any record of a HAMP file in your name? If you did, they could reopen it. And you should not believe any rep you speak to on the phone. You may or may not have been evaluated for HAMP.

[car67]

Well NY TIMES is reporting it that foreclosed properties are now being stalled by lenders do to legal action
Foreclosures Slow as Document Flaws Emerge - Yahoo! Finance=

[irishmom]

Orygun,

Been playing cat and mouse with AHMSI(3) for two years now and below is a few words of wisdom on my part:

1. Get a good attorney if you can afford one
2. Make sure they actually have your original note
3. Don't believe their reps when the tell you that their "computer" says you are in foreclosure unless you have BEEN ACTUALLY SERVED with a foreclosure Complaint and Summons by a sheriff.
4. Don't trust their foreclosure attorneys to notify you of Orders entered etc if you have a court date.
5. Remember AHMSI(3) is only out for cash only as they are truly a debt collection company.
6. Remember AHMSI(3) is currently being suid in Five states in the US for Fraud by Attorney Generals.

A cramdown would have saved so many from losing their dreams. Judges need to be granted the power to cramdown primary mortgages in all states. If this was allowed it would of put the fear of God into these banks and servicing co's to help people keep their dreams instead of taking all of the TARP funds and not doing anything. Moe, Evan, sorry just had to voice my opinion. Yup . . just your old Irish stay at home mom.

[goldie]

Orygun,

Been playing cat and mouse with AHMSI(3) for two years now and below is a few words of wisdom on my part:

1. Get a good attorney if you can afford one
2. Make sure they actually have your original note
3. Don't believe their reps when the tell you that their "computer" says you are in foreclosure unless you have BEEN ACTUALLY SERVED with a foreclosure Complaint and Summons by a sheriff.
4. Don't trust their foreclosure attorneys to notify you of Orders entered etc if you have a court date.
5. Remember AHMSI(3) is only out for cash only as they are truly a debt collection company.
6. Remember AHMSI(3) is currently being suid in Five states in the US for Fraud by Attorney Generals.

A cramdown would have saved so many from losing their dreams. Judges need to be granted the power to cramdown primary mortgages in all states. If this was allowed it would of put the fear of God into these banks and servicing co's to help people keep their dreams instead of taking all of the TARP funds and not doing anything. Moe, Evan, sorry just had to voice my opinion. Yup . . just your old Irish stay at home mom.

I had AHMSI when I was with American Broker's Conduit. I'm wondering how we escaped their clutches? Not that it is much better to have Countrywide, then B of A, then BAC, but my attorney thought that was kind of strange. Also, our alleged Fannie got sold off to either Citi or Douche and no one (MERS involvement) will tell us where despite QWRs from attorney. I agree on hiring an attorney and on the cramdown thing.

[izzie]

Orygun, do you know what 5 states are currently suid AHMSI? I was served with foreclosure papers from them, and it is stating Wells Fargo is the one foreclosing on me, & they have lost my Note. I was with Option One Corp, than sent letter stating I will now be with AHMSI, if you could tell me the 5 states I'm hoping Iowa is one of them!
Thank you,
izzie

[Orygun]

Good morning loan safers!

@Izzie - I know Texas has sued AHMSi and possibily Florida? Not entirely sure who else.

I would like to thank everyone here who has read my story, thought about it, and offered their advice, experience and wisdom. I can't tell you how much I appreciate it. Your kindness amazes me.


*** Update***

Well, two interesting things have happened. I wrote the attorney general a few weeks back, and Friday I received an email from the attorney general's office telling me AHMSi had not followed their guidelines for foreclosure in Oregon, that they were indeed required to have an *ACTUAL CONVERSATION* with me prior to foreclosing. The email went on to say the attorney general draft a letter on my behalf referencing my loan specifically and sent it to AHMSi informing them they were aware of the situation and it was out of bounds here in Oregon.

HAHAHAHA! I've never had the government help me with anything, this was AWESOME.

So, this morning I received a call from Stevie in Jeanne Drake's office. She called and said "I was asked to call you and find out exactly what it is you are looking for", srsly, her exact words. She was really nice, but jeez. So, I said "Well, you can open up any one of the four or five hardship letters I've sent you via fax, email, and post to get the details, but I'd like to work with you on keeping my house out of foreclosure."

She asked me what I had applied for, I told her HAMP and MHA, and if all else fails, I want to enter the HAFA program because moving will cost me an arm and a leg and I'd like that 3k from HAFA to do that. She opened my file and said, "Oh, yes, I do see you've sent this paper work in on the 6th of July, the 18th of July, the 14th of August, and the 20th of August." Good gawd. She said she had everything she needed and requested the foreclosure be postponed while I am reviewed for HAMP. yay!

I asked her if all else fails, and I don't qualify for anything, will the foreclosure date stay the same. She didn't know. Argh.

I met with more attorneys last week, sounds like chapter 13 is the way to go, killing the 2nd and modifying the first. I'm not sure how this all pieces together. Stevie told me HAMP doesn't touch the second and my only option there is to get caught up. I owe about 1500.00 only on that. My question is, can I get HAMP and file chapter 13 to kill the second?

I'm slightly relieved this morning, but also very worried about having to get out of here mid-January. I'm still talking to various attorneys until I find the right one. I've got a call in to car57's and hope to meet him this week.

Thanks everyone!!!!!

~Orygun

[car67]

I am glad... Yes I am stripping my second with Teds office I filed Friday.... I dont need a hamp for the first. I will be in good shape now.... These mortgage companies are out out contol!

[irishmom]

Goldie,

Thanks for the kudos . . . yup still ahead of their games For all you newbies out there yes, AHMSI(3) is currently being suid for fraud in several states by their attorney generals. My current list is Ohio, Penn, Texas, Mass, California . . could be more states just don't have time to do the research these days Do yourselves a favor and just google AHMSI and fraud and start educating yourselves on this company it is horrible what they are doing to people. God bless all of you trying to keep your homes . . this co. set up by Mr. Ross is truly horendous and incompetant to say the least. I wish you all good luck.

[Orygun]

Hey All ~ I've not updated mostly because this is a super stressful process and I've just been trying to deal.

UPDATE on my situation:

* I elected to go with the offer to enter the HAMP program. I was warned here on loansafe there was risk involved in that, boy were they right. I wrote the below letter to AHMSI this morning, CC'd jim.davis@ahmsi3.com. I'm pretty screwed at this point with the amount of time they take to do the HAMP. I didn't understand entirely that during the trial process you CONTINUE TO OWE THE DIFFERENCE BETWEEN YOUR ACTUAL PAYMENT AND THE TRIAL PAYMENT. This means, during the trial additional arrearages rack up and AHMSI has absolutely no incentive to make it a speedy process. ALSO - payments are not applied to the principal, they're held in an escrow account and the accounting of interest, late fees, what you've paid into the trial, and how it should all be applied REQUIRES A PHD IN MATHEMATICS to figure out.

So, anyway, I don't know where this leaves me except deeper in debt, worse credit, and still living in uncertainty. I've decided NOT to make the next trial payment. I've sent over 5k already and I'm done, I need this money to move if that's what is going to happen.

here's my latest letter to my AHMSI negotiator:

Hi Stevie,

I called into the 800 number for a status today. I was told this is month 5 of my trial payments under HAMP and this is my status:

* Arrears at beginning of HAMP trial payments 19k
* Arrears and new late fees to date 31k
* No ETA on a HAMP decision, fees and arrears continue to increase each month
* 1st and 2nd loans with AHMSi3 including the above = 380,000
* Current appraised value 220,000
* Reported delinquent to all 3 credit bureaus each month of HAMP trial

You see how as each day passes with the now 150 day AHMSi3 HAMP review I go deeper into debt and my credit worsens. I would like to kindly request a decision by April 1, 2011. I have faithfully provided all the documentation required several times and have been more than patient with this process.

I again appreciate any info you can provide, details on whether you are no longer my negotiator, who to contact to move this along, anything.