I'm writing this hoping that someone can help. My mother, unfortunately, got into a Pick a Pay loan in 06. She defaulted on the loan when my sister passed away due to funeral costs. Shortly after, she lost her job and had to have major surgery. Before the surgery, she signed the house over to me, but the mortgage is still in her name.
We paid the reinstatement fee, but it was "mistakenly" placed in a suspended acct. They did acknowledge that they had made a mistake, but said that they would like to offer a MAP. She qualified, but were pre approved and then denied several times. They never reported the payment that was made to the credit bureau, but accepted 2 payments, before starting to send them back.
In Jan. of this yr, she called and was told that she would be receiving a call about the HAMP program. She asked about the funds that they had in the suspense acct, and they said they have no record of that. Then she was transferred to the dispute dept. who told her to send a request for information, which she did. They told her not to apply for the HAMP, until they resolved the dispute, which they said would take about 60 days.
Around that time, and AFTER she received her NOD, she began receiving letters from title companies showing substitution trustee's, 3 of them. The first one had been recorded and notarized in Dec. in Minnesota transferring title to Deutsch Bank, but the mortgage was originated in 1999, but not recorded until 2009...so I called and they wouldn't speak to me. Then received a Sub. Trustee letter, notarized in Washington State and TX, naming the current Trustee from Utah who is now selling the home. We live in Utah, so none of this seems right to me.
She received a letter notifying her that there would be a Trustee's Sale on Sept. 27th. She has been calling, but finally asked for my help, as she was simply doing what they asked, and now they were telling her that there was nothing she could do to save the home. I spoke to the Office of the President who told me that they had a policy of not postponing the sell dates, but that under these circumstances they would make an exception. Then I was tranferred to the foreclosure dept. where a very rude man named Juan told me that this loan was not eligible for escalation. I asked to speak to the woman in OOP's office again and he refused. I then said that I would be filing for CH 13, and he said that wouldn't help. They would still take the house, and just waste time.
I am just wondering if there is anything I can do. I feel as though they are taking advantage of my mother because she is a trusting person, but is also eldery and disabled. She tried to handle this herself, but they have done nothing but string her along. She really has no debt other than this home, which is only worth about 203,000. She owes 172,000.
She is also renting out the basement, so there is a valid lease agreement, in place. The amount they want to reinstate the loan is nowhere near anything we could pay right now, and is almost double what the back payments would be. She was never given a chance to qualify fo a HAMP, and I feel like they are trying to steal her home as it is NOT underwater. I qualify for legal aid, but with the clock ticking, 5 days now, is there really anything I can do?
Any advice would be great!