Homecomings wont cooperate - Loan Modification Forum

dolphan46 · 05-30-2008, 01:36 PM

Well after a successful phone call and mod with aurora loan services on my primary loan Homecomings wont cooperate and they want the full balance on the 2nd. I filed BK 7 and i was in default. Homecomings did offer me a settlement of 2k to pay off the 2nd back in December but wouldnt do anything on the 1st i had with them at that time. They sold the 1st to Aurora and they were very cooperative but Homecomings wants to be hardcore. Someone give me some advice as to what i can do.

Moe Bedard · 05-30-2008, 01:51 PM

Hi dolphan,

Welcome to the forum and thank you for joining.........

Are you still in the Chapter 7 BK or has it been discharged already?

dolphan46 · 05-30-2008, 01:54 PM

discharge is in early july .. and they did file for foreclosure back in march of 2007 but did nothing so the case got dropped so they have to start all over . my attorney says if they wont cooperate they will have to file all over and i would probably be here another 4 to 6 months. so plenty of time to save money which wont be a problem but this is my kids home.

Moe Bedard · 05-30-2008, 01:57 PM

Well then I guess you got it covered............good for you.......

Because they will not work with you at all while you are in a Chapter 7 BK.........you would have to wait until it is discharged to work with them.........they can't do anything with a BK filed.....

dolphan46 · 05-30-2008, 02:00 PM

Quote:

Originally Posted by *** Damiano

Well then I guess you got it covered............good for you.......

Because they will not work with you at all while you are in a Chapter 7 BK.........you would have to wait until it is discharged to work with them.........they can't do anything with a BK filed.....

im sure but aurora was johnny on the spot to work out an arrangement and they are even going to switch my option arm to a fixed rate and reducing the balance of the note.

Moe Bedard · 05-30-2008, 02:03 PM

That was the 1st lien...........they are really good about working with people..........

The seconds are a whole other story.........

RudyJay · 05-30-2008, 02:03 PM

Hi dolphan46..

Is it your 2nd that is with Homecomings?

dolphan46 · 05-30-2008, 02:05 PM

Quote:

Originally Posted by *** Damiano

That was the 1st lien...........they are really good about working with people..........

The seconds are a whole other story.........

well considering who sued me last year im betting they are going to have a chain of title problem if they try to sue again so this time when they file a lis pendis i will be retaining an attorney

dolphan46 · 05-30-2008, 02:06 PM

Quote:

Originally Posted by RudyJay

Hi dolphan46..

Is it your 2nd that is with Homecomings?

yes and they are about as helpful as they were when they had the first which was non existant. i havent paid either for a year and now they have to start at the beginning again which after my discharge is done i want to get this started before they file for foreclosure again.

dolphan46 · 05-30-2009, 12:21 AM

Back in March 2007 Homecomings filed on me for foreclosure which I was able to negotiate a mod which I made payments till June when I was diagnosed with cancer. nothing happened with homecomings for months and finally I filed for bankruptcy last year Ch 7 which included both notes with homecomings. I was able to get the foreclosure dismissed with the produce the note defense and as of today they still have not refiled. My question is I heard from an attorney if they do not try again to file or I dont make a payment for 5 years I can file with the court to have both notes canceled. Im in Florida and I want to know if this is true if anyone has heard of this. April Charney stated publically she has a few clients on the same time clock and she would be filing this but I cant find anything that verifies this.

Moe Bedard · 06-17-2009, 08:15 AM

Have not heard of this..................

Have you found out anything further?

dolphan46 · 08-04-2009, 07:10 PM

Moe

Just found out what it was. Its relatively simple and it was Ms Charney in Jacksonville who let it be known. It is the Florida Statute of Limitations for enforcing a contract. If they dont take action or fail to complete the action within 5 years of default then the contract is null and void because of statute of limitations. In fact Ms Charney has some cases coming up in 2010 where she will be trying to get the mortgages voided because of SOL. Ill be watching closely because my 5 years is up in 2011 and so far homecomings and the party they sold to have not done anything at all so I have 2 years to wait to go to court.

05-30-2008, 01:36 PM	#1 (permalink)
dolphan46 Member Join Date: May 2008 Posts: 7 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Homecomings wont cooperate Well after a successful phone call and mod with aurora loan services on my primary loan Homecomings wont cooperate and they want the full balance on the 2nd. I filed BK 7 and i was in default. Homecomings did offer me a settlement of 2k to pay off the 2nd back in December but wouldnt do anything on the 1st i had with them at that time. They sold the 1st to Aurora and they were very cooperative but Homecomings wants to be hardcore. Someone give me some advice as to what i can do.

05-30-2008, 01:51 PM	#2 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,887 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Homecomings wont cooperate Hi dolphan, Welcome to the forum and thank you for joining......... Are you still in the Chapter 7 BK or has it been discharged already? __________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book \| Please donate to LoanSafe.org \| Loan Modification Training For Attorneys \| Rate Your Mortgage Servicer The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

05-30-2008, 01:54 PM	#3 (permalink)
dolphan46 Member Join Date: May 2008 Posts: 7 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Homecomings wont cooperate discharge is in early july .. and they did file for foreclosure back in march of 2007 but did nothing so the case got dropped so they have to start all over . my attorney says if they wont cooperate they will have to file all over and i would probably be here another 4 to 6 months. so plenty of time to save money which wont be a problem but this is my kids home.

05-30-2008, 01:57 PM	#4 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,887 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Homecomings wont cooperate Well then I guess you got it covered............good for you....... Because they will not work with you at all while you are in a Chapter 7 BK.........you would have to wait until it is discharged to work with them.........they can't do anything with a BK filed..... __________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book \| Please donate to LoanSafe.org \| Loan Modification Training For Attorneys \| Rate Your Mortgage Servicer The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

05-30-2008, 02:03 PM	#6 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,887 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Homecomings wont cooperate That was the 1st lien...........they are really good about working with people.......... The seconds are a whole other story......... __________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book \| Please donate to LoanSafe.org \| Loan Modification Training For Attorneys \| Rate Your Mortgage Servicer The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

05-30-2008, 02:03 PM	#7 (permalink)
RudyJay Senior Member Join Date: Apr 2008 Posts: 652 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Homecomings wont cooperate Hi dolphan46.. Is it your 2nd that is with Homecomings?

05-30-2009, 12:21 AM	#10 (permalink)
dolphan46 Member Join Date: May 2008 Posts: 7 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Got my foreclosure dismissed Back in March 2007 Homecomings filed on me for foreclosure which I was able to negotiate a mod which I made payments till June when I was diagnosed with cancer. nothing happened with homecomings for months and finally I filed for bankruptcy last year Ch 7 which included both notes with homecomings. I was able to get the foreclosure dismissed with the produce the note defense and as of today they still have not refiled. My question is I heard from an attorney if they do not try again to file or I dont make a payment for 5 years I can file with the court to have both notes canceled. Im in Florida and I want to know if this is true if anyone has heard of this. April Charney stated publically she has a few clients on the same time clock and she would be filing this but I cant find anything that verifies this.

06-17-2009, 08:15 AM	#11 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,887 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Homecomings wont cooperate Have not heard of this.................. Have you found out anything further? __________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book \| Please donate to LoanSafe.org \| Loan Modification Training For Attorneys \| Rate Your Mortgage Servicer The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

08-04-2009, 07:10 PM	#12 (permalink)
dolphan46 Member Join Date: May 2008 Posts: 7 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Homecomings wont cooperate Moe Just found out what it was. Its relatively simple and it was Ms Charney in Jacksonville who let it be known. It is the Florida Statute of Limitations for enforcing a contract. If they dont take action or fail to complete the action within 5 years of default then the contract is null and void because of statute of limitations. In fact Ms Charney has some cases coming up in 2010 where she will be trying to get the mortgages voided because of SOL. Ill be watching closely because my 5 years is up in 2011 and so far homecomings and the party they sold to have not done anything at all so I have 2 years to wait to go to court.

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