Expired HAMP package

[bycharlie]

I'm not sure that I should contact you by email but I could not find how to do it through LoanSafe forum
I went through your postings, liked what I read and decided to ask your opinion.

I am in default for 13 months now. Tried to negotiate on the beginning and failed.

Feeling without options I was on my way to chapter 7 Bankruptcy trying to stay a little longer on the house. My sale date is scheduled to November 18th and I was going to trigger Bk right before that.

Then my wife found out about HAMP and called Chase.

I received the package with the trial payment plan (HAMP?) last September, gave it to my attorney for consideration and my trouble stated.

He held it for too long trying to convince me not to pursue any agreement with Chase allegedly because “the bank was only up to take as much money as possible and not really looking for a solution for me”.

By the time I could get the paperwork back it was mid October and past the due date on the HAMP contract.

Called Chase again and was told that besides being outdated the HAMP contract was still valid. I asked for a new package with updated dates and was told that the Government does not allow that, I should use the old one.

I went to a different attorney that suggested me to just update the dates by hand (crossing the old ones) therefore Chase would accept the terms upon accepting the trial payment.
I called HOPE Now in addition and they encouraged me to proceed and get started.

Called Chase a couple of times again trying to update my information but they kept repeating the money mantra “are you sending the money now? – Send the money overnight!” Because the first trial payment was delayed, they asked to send two trial payments at once and resume with the regular payment schedule after that.

Then I got stuck. Paperwork was sent yesterday but I’m afraid that Chase is just up to take some money from me now and kick me out of the house as soon as they feel like.

If I proceed and get denied, can I still trigger BK? If Chase decides to go for the sale/foreclosure, how does that work? Will they kick me out of the house right away?

Can you refer to a Modification professional on my area (southern CT)?

Please let me know your thoughts.

Thank you…

[bycharlie]

Just find out that Chase (Bank of America on the Court docs) pleaded a MOTION TO OPEN AND VACATE JUDGMENT that means the judgment of strict foreclosure is going away. Can I get that as a sign that they are going to put some effort on my mod? I haven't sent any money yet....
Any thoughts?

[caldwellb02]

charlie - bit confused here. Is chase your servicer or your lender and what role does Bank of America play?

Other than that, I'm not an attny but it sounds like if they vacate a judgment of foreclosure that is what they are doing.

If you don't know already, you really should find out what BofA is doing there. It sounds like maybe they are the lender?

As to what Chase is doing, it is anyone's guess. I would try calling up the Chase food chain to find out.

[bycharlie]

Thank you for your input.
BofA is the plaintiff behind my foreclosure process.
Being like that, I was assuming that BofA is the lender and Chase the loan investor (since HOPE Now people told me so after checking my loan #)
But to make things even more confusing, over the HAMP contract, EMC Mortgage that I thought was only the servicing company is listed as being the lender; wait, there’s more, the address that I am supposed to send the trial payments list Chase/EMC Payment Processing.
I am really not sure about what sense to make of all that mess. Who’s who?
The only thing I know is I’m damn afraid of sending any money to them…