POSTPONEMENT while in active review of HAMP. . . possible?

**gabie2011** · 03-02-2011, 03:54 PM

I have had it with my servicer, Bank of America and the incompetent clowns that work for their so called advocacy group. My house has a foreclosure sale date of March 9th. I have filed for a postponement on February 23rd, 14 days before the sale. Imagine this, a week later still no answer. I was told to call and check in everyday. . . and so I do. On Saturday, I spoke to someone from the MHA status line and he explained that the reason that they do not proceed with the postponement up until 24-48 hours before the sale date because they do not want to lose money by postponing it and maybe a few day later they have to turn me down for the modification anyway. WOW!!! I couldn't believe what I was hearing. . . .

Today takes the cake. I called over this morning to the advocacy group. . .asked for an update. "Mr. Roman" told me that I was going to get a decision on the postponement by this Friday and that my negotiator/underwriter Micah Meeks had left a message on their system stating: Tell homeowner that a decision on the HAMP will be made on April 5th and to stop calling until then because that disrupts the process.
Hmmm, that doesn't make sense- my sale date is next week, March 09 and they will decide on HAMP on April 5.

So I call my contact at the Office of the President, Elaine De Herrera. She tells me there is nothing about April 5 on the system and on top of that no such "Mr. Roman" has made any notes in their system today. . . I guess it was a figment of my imagination . . . again for the millionth time! SURPRISE!!!!!

I am so tired of speaking to people over there who do not give a damn about the fact that I could potentially lose my home. They think it's funny to play a f****** prank on someone in this type of situation!

Please post if you've had a similar experience.. . I am in active review for HAMP but apparently they can still sell my home next week. . . .

**LoanModHelpCenter.com** · 03-02-2011, 05:25 PM

Active review means nothing more than you are on the back burner and please stop calling. We call active review the go away comment. Anytime you are in review for a modification or even farther in the process and actually have a negotiator assigned the foreclosure process still continues its the entire carrot, stick theory. This means the foreclosure process will continue for several reasons. One of the most common reasons is the simple fact that if they scare you into thinking you may lose your home some home owners get scared, and bring their loan current paying all the interest and penalties that were past due. The other reason is in the even the modification is granted(carrot) and you decide not to take it for one reason or another they can then use the stick(foreclosure) In any case active review could be a VERY long time. There are things you can do to fast forward the process sounds like you have done some of them so far. If you need anything let me know. Hang in there, the game is crazy and unfair. Right now you are playing with a blindfold, remove the uncertainty and find out what in fact you qualify for might be a good thing for you.

**gabie2011** · 03-02-2011, 05:30 PM

wow i honestly am at my wits end. . . I've already contacted the HAMP solution center and they said they are emailing fannie mae to postpone the sale date. i will be seeing a lawyer at the end of the week to see what options i have. . . i really don't want to file for bankruptcy and I'm seriously considering walking away from my home. . . any other ideas how i can proceed? sale date is on Wednesday next week

**DELL1** · 03-02-2011, 05:39 PM

gabie, glad you found this site, you will find help here. we cant work miracles because the system itself is insane. i was in a similar situation last week so i understand the pressure you're feeling. All the way up to the OOP these people lie and withhold vital information to try to either ram thru a foreclsoure or shake some money out of you at the last minute. But talking about what liars they are wont help you in your situation.

If I were in your shoes knowing what I know now, the first thing I would do is click on the REST report banner at the top of the page and do a free consultation with them. They will be able to gather the preliminarly pieces of information you need to have in your hands to find out where you stand vis a vie qualifying for HAMP or an alternative modification. When YOU KNOW WHERE YOU STAND it changes the dynamic of the conversation you can have with your servicers and a power player like your Congressman. When you dont know whether you qualify or not for modification, the only source of that knowledge is the servicer.

When you know you qualify, and have proof stuffed into your file on record with your servicer and you can state definitively that your house should not be sold at auction. Your Congressman can push hard too. Mine called the OOP specialist himself and told him in no uncertain terms my house should not be sold at auction. 2 hours later, Mr. Wiseass at the bank called to let me know the saledate had been postponed. My loan is now "under review" and they stopped asking me for "one more thing".

yours is a classic situation of not really knowin

**gabie2011** · 03-03-2011, 06:54 AM

Wow I called and inquired about the rest report... It's $ 795. No wonder they don't advertise the price on their website

I definitely can't afford that right now

**lisascakes** · 03-03-2011, 08:10 AM

Gabie - welcome to the community - we also have BAC and have been trying to get a HAMP mod since July of last year. The first time we were turned down and we reapplied in Sept. In Dec we started getting letters in the mail from lawyers about our upcoming foreclosure sale. I called BAC and found out that a sale date had been set. I started calling BAC to find out what I could do to postpone the sale because we were waiting for word about the HAMP mod. "you have to call in 14 days prior to the sale & we will try to get it postponed!" TRY - what do you mean TRY - "we send a request to postpone to attorney handling & if they decide to postpone, then it's done - if not sale stays" So I worked with them that time - knowing that if it was not postponed then I would file BK. They postponed it until 1/27 and that is when I found this site!!!!! Around Jan 11 we got the Fed Ex package with our temp mod payments that started 2/1 but I still had to postpone sale. Started writing emails from the advice of this site - finally got a negotiator and the sale was postponed till 2/4 - WTH - I am suppose to start trial payments on 2/1. They finally postponed that one. Then the end of Feb we start getting the lawyers letters in the mail about an upcoming foreclosure sale 3/4. Called Ebony who stated the sale will be postponed for 30 days & until we are approved/denied for a perm mod. This way if we miss making a payment on the first they can sell the house on the 4th. WTH - When I told her that I knew that the HAMP guidelines state that they can not sale until the month after the payment was due. She tried to tell me that was not true, that if we miss a payment on 3/1 they can sell on 3/4. I talked to her on 3/1 & she said the sale was postponed so I called back to make the payment. The CSR that answered the phone told me that the sale was still scheduled - I went ahead and made the payment knowing I could cancel the check if I needed too! Looked at the lawyers website & our address was not there but I emailed the attorney handling the sale & this morning I get confirmation from him that at this point the sale has been postponed & nothing rescheduled at this point.

My suggestions to you is to keep emailing & calling - check to see if the attorney handling foreclosure has a website to see if your address is there, see if your courthouse has a list of sales for your date & see if your address is there. Read the HAMP guidelines so you are able to show BAC you know what you are talking about!!! Hang in there - I think they will cancel it just trying to see how you will react - if they can get the back payments from you then - they win!

**gabie2011** · 03-03-2011, 09:33 AM

Hi lisacakes, could you tell me which lawyer was handling your sale? Was it recontrust? Do you have the email address? Thanks again! I hope it really all works out...

**SurfwhenUcan** · 03-03-2011, 09:35 AM

Originally Posted by gabie2011

wow i honestly am at my wits end. . . I've already contacted the HAMP solution center and they said they are emailing fannie mae to postpone the sale date. i will be seeing a lawyer at the end of the week to see what options i have. . . i really don't want to file for bankruptcy and I'm seriously considering walking away from my home. . . any other ideas how i can proceed? sale date is on Wednesday next week

gabie, the bank won't postpone usually until 72 hours or less prior to sale. My heart rate doesn't get up about a postponement until around 10:30 AM the day of the sale. I'm sure the next post will be from someone who got burned by BAC and had a house sold from under them, but I've been told numerous times by BAC that their foreclosure process is electronically linked to the trustee and postponement for files legitimately under "Active Review" is automatic. I have seen automatic postponements happen so I know this to be true.

Call BAC and make sure that there are no "requests for docs" notes on your file - tell the rep to take their time, review all the notes on your file and determine absolutely that all documentation they want IS IN. DO NOT discuss your financials again even if they ask, simply tell them you don't have that information in front of you and you are justt verifying that all docs are in. Then tell the rep to notate your file that all requested documentation has been verified and received. ( I usually call right back and make sure the rep actually notated this on the file). If you have a legitimate mod case under review, all docs are in and have not previously broken any agreements with BAC (other than missing payments, I guess) then the postponement should proceed on or just before the sale date. Once BAC tells you the sale date has been postponed, immediately contact the trustee and verify the date has been moved on their calendar. This will avoid having your home inadvertantly revert to beneficiary, giving you the hassle of rescinding a sale. No reason getting upset with BAC for stringing you along. That's just the way it is and any energy you expend tearing your hair out over it is just wasted energy. Good luck and stay on them! You are in a war of attrition.

**lisascakes** · 03-03-2011, 09:51 AM

Gabie - we are in Missouri - the attorney for BAC is Kozeny&McCubbin, L.C. - they handle foreclosures for BAC in MO, Nebraska & Kansas. The email I used was for John Forsythe @ jforsythe@km-law.com.

They also have a website that has the sale addresses - Kozeny & McCubbin, L.C. - Attorneys at Law - Innovative Default Solutions.

I didn't know that they sales were automatic if you are are in HAMP mod - I don't want to take the chance - I will use the extra energy to confirm for myself. That could just be the controlling part of me coming out!!! LOL

Good Luck & let me know if you have any more questions. I know I get frustrated with them but like Surf says - they aren't worth expanding any more energy on them. Just gotta stay on top of what they are doing.

**chachagal** · 03-04-2011, 01:12 PM

I submitted HAMP paperwork with BAC in June 2010 and still no decision. Hence, been in "active review" status as well. Since June, I have had two foreclosures postponed, one cancelled and now working on getting the next one - March 10, postponed. I also heard that the postponement process (as Surfwhenucan said) is automatic when in active review, although this is not something the CSR will tell you. They try to shake you down and use scare tactics about how the postponement "may not happen" and suggest you "put money aside" whenever you call. I call once a week, whether I have a sale date on my house or not, just to make sure there are no more requests for paperwork. Frustrating beyond belief!

**SurfwhenUcan** · 03-04-2011, 04:13 PM

Originally Posted by chachagal

I submitted HAMP paperwork with BAC in June 2010 and still no decision. Hence, been in "active review" status as well. Since June, I have had two foreclosures postponed, one cancelled and now working on getting the next one - March 10, postponed. I also heard that the postponement process (as Surfwhenucan said) is automatic when in active review, although this is not something the CSR will tell you. They try to shake you down and use scare tactics about how the postponement "may not happen" and suggest you "put money aside" whenever you call. I call once a week, whether I have a sale date on my house or not, just to make sure there are no more requests for paperwork. Frustrating beyond belief!

Believe it. Postponement is the "carrot" that they dangle in front of you - keeps your attention and ensures you'll do what they ask when they ask. Guarantees a sense of urgency on the part of the homeowner. What can you do? They're debt collectors.

**gabie2011** · 03-10-2011, 11:13 PM

Hi everyone!!! Thanks for all the words of advice and support! I did get a postponement, so that's good news. But on the other hand, I still do not have any updates for my HAMP application! Who knows when they will give me the trial payments. . .I consulted a lawyer and he said that no matter how B of A is 'working hard' at getting me a modification, bottom line is, they really just want my house back since they will make so much more money from the government that way. . . wow! Well, the saga continues. Let's see if they give me another postponement if I still do not get a decision on my HAMP application.

**linda2011** · 04-21-2011, 03:48 AM

Hi Im new to this forum but reading all these messages i am totally in the exact same game. I have been approved for the making home affordable / in active review / sent in all required docs / it is all granted, valid, confirmed and noted all the words BAC uses. I have a foreclosure sale date pending for next week april 27, and have been calling every day since cuz i requested a postponement april 13 a week ago. my heart is in my mouth, i am a type 1 diabetic take insulin my blood sugars have been off the scale. What can I do to push this postponement. My loan is BAC Homeloan servicing I got my loan thru B of A in Dec 2007 paid the first year and 10K down.. put 30,000 in remodeling got behind lost job but back at fulltime good paying job. Yes, and recontrust are the ones who sent Notice of Default in Dec. Then got a notice on my door Mar 30 with sale date. HELP what do I do?.........Contact Recontrust? call my Congressman? I have 6 days including the weekend

**linda2011** · 04-21-2011, 04:00 AM

Hi linda again, how long does a postponement give you? If I start making my mortgage pymts if I get a postponement but cant pay the past due of $20,000. (They did tell me last year when it wasnt anywhere near this amount that they could stretch out my loan to 40 years and put this amount at the end of it uhum uhum say no more.....) but can pay my monthly payments could this stop any future foreclosure? Anyone out there know this???? Im gonna need my money if I'm homeless next week. Got a hardworking man that needs to rest his head and not have to hear me freak out...a kid in college doing very well and I would not welcome the humiliation of telling her, mom's lost our home.......oh and to add a diabetic 14 yr old cat to the mix.....

**gabie2011** · 04-21-2011, 06:14 AM

Hi Linda!

Welcome to the forum... I love this website as it had surely gotten me through my lowest and most nerve wracking point of my past year! I know exactly how you feel, I was so desperate and couldn't even sleep or do anything in my normal routine.

Originally, my house had an auction sale date of March 9th. I called the Hamp solution center to help me: HOPE Hotline at 1-888-995-HOPE (4673).. Call them and ask for help.. They did call and followed up with Fannie Mae ( my investor) but it didn't really move things along. It was just a way for me to really feel more pro active. I remember almost losing my mind. If you have a HUD counselor, ask him to call the escalation
department of the solution center: 866.939.4469. They will not entertain you if your HUD counselor doesn't file an escalation with them. I just called them everyday to follow up after my HUD counselor filed the form. They will give you updates but I found that again they didn't really do much.

I also called Fannie mae: 1.800.7Fannie (8-8pm est m-f).. Again, they didn't want to speak to me as I should be contacting my so called servicer. I called b of a everyday at least twice a day and I would get different answers. They were really pressuring me to payoff what I owed. What could I do? I couldn't afford it that's why I was in this hole in the first place! Ahh, the geniuses that work there... They told me to borrow the amount from my relative and friends.... It so agonizing and frustrating. One of the posts here told me not to worry as the servicer will postpone for as long as you are in active review! This is true. They postponed my auction date from march 9 to April 12 but they did it the very Saturday before march 9. So I went to the recontrust website to double check the new auction date just to be sure. They again postponed it to may 11 and I found out that the second time around, they automatically did it themselves. I was prepared to call them again sometime in April to request postponement, but they did that already even almost 3 weeks prior to April 12.

On march 24, I got a fedex package. I was denied of the hamp

(( I was devastated! I was on active review and never even go to the trial payments. I was denied due to my npv calculations. Before April 12 I already consulted with a real estate lawyer. I explained to him my situation and told him I'd really like to keep my house and somehow still salvage what's left of my credit. He said my credit was already in the toilet due to this situation, being 10 payments behind on my mortgage. He advised me to just walk away from my house and find a rental from the county I really desired. He said in my state they cannot come after me for the money I owe.... I couldn't file for bankruptcy to stop the sale since I don't have enough credit card debt anyway (4 thousand or less in credit card debt). He told me to stop call my servicer because they really don't intend to give me that desirable loan mod since they will be making more money from the government if they foreclose on my home. After I got the denial letter, all of what the lawyer had told me came flooding back.

I am still trying to get an in house mod.... I am not obssessing with it as i did the first postponemenet. I was assigned a negotiator, Michelle Robinson (who I found out from one of the call center people that her real name was Michelle wright; they do that in b of a.... Give you a false name so that when you try to go back to your notes and make reference to someone that said something to you, you come out to be the liar and the delusional one.... Ahhh another joy of contacting them). I follow up with her but then again I am not so optimistic. My husband and I already bought tons of boxes in case we need to move. I've already looked into town home rentals..... Again just being pro active.

Don't worry too much (I know that's hard, being that your home is on the line). Let me know if you need anything else. . . . Good luck!!!! It'll work itself out.... Its really out of our hands now. .. . unfortunately

**gabie2011** · 04-21-2011, 06:17 AM

Oh do not pay them anything! Lawyer told me that once the foreclosure has began do not pay them anything as this might 'get lost' in their system and you'll never see your money again... Happened to one of his clients!

**linda2011** · 04-21-2011, 07:07 AM

Thank you for all your advice. I still want to find a way to pursue this postponement. I have been told repeatedly I am in active review for the MHA Program, whatever that means or does. Anyhow, as I say I requested a postponement April 12 the escalated it on April 18 when Gladis at BAC told me they work on the postponements that are critical like say someone has a sale date tiday then they work their way to mine. I will have no hair, no teeth, will weigh about 90 lbs and probably be hospitalized before this sale date or postponement. My husband and I have no family, no other place to go and no money, so I hope that being in active review is a HOPE that postponement will follow. Have a lovely day and again thank you for your kind words. Good luck and God Bless you and your family. PS If I find any info worth sharing I will definetly post it. Take Care.......

**Jeffrey L. Shurtliff** · 04-21-2011, 07:08 AM

Here is what I would do. Type a letter and address it to Customer Service Department. State your concerns that are relevant to you situation. Take and fax the letter to the number where you fax your documents. Call back in 48hrs to see if they have it and if they have assigned it a work order. If they did it will be assigned to an executive specialist. This should put it on the front burner.

**linda2011** · 04-21-2011, 07:20 AM

my sale date is april 27 i have 6 days. when you got your first postponement did you get the postponement within days of your sale date

**Jeffrey L. Shurtliff** · 04-21-2011, 07:23 AM

I have a sale date of 26 April. The only way you can postphone the sale date with the lender is be in active review for a modification. You can also have an attorney file in the court for a TRO to stop sale due to the irreparable harm it has caused.

**linda2011** · 04-21-2011, 07:31 AM

thank you for your advice i will do this today.

**linda2011** · 04-21-2011, 07:44 AM

I am in active review of the MHA Program. I requested a postponement 12 april and then had a conference call with a HUD counselor and the bank on 18 april to excalate the postponement. Are you saying they WILL postpone the sale because i am in active review or should I continue to stay up all night pulling out my teeth trying other ways to postpone this horribnle nightmare. I am sorry to hear you also have a sale date prior to me. Are you just waiting or have you heard anything yet?

**gabie2011** · 04-21-2011, 11:02 AM

You'll probably hear from the bank about your postponement days from the sale date. Being that you're in active review of hamp your servicer should postpone the sale date. That is part of the guidelines.. However, that's not the law. My husband's co worker had her house sold from under her regardless that she was under review. My case got pushed up to the office of the CEO and president but I don't think it ever really did anything... Let me know if you'd like their phone number... Again, I'm sure they'll grant that postponement

**gabie2011** · 04-21-2011, 11:13 AM

Oh yeah and my file has been escalated to the office of the CEO and president of customer relations but that didn't really change anything. Let me know Linda if you'd like their number

**linda2011** · 04-21-2011, 01:56 PM

Thanks again Gabie. Yes I would like that number. Like you said being I am in active review of HAMP tho its the guidelines and not the law if I get the postponement handled should i have to do this again in 30 days or will it sit until HAMP inform me they have a plan or not??? Sorry for the delayed response. I have just spent 3 and 1/2 hours on the phone with 995-HOPE. Yes, all those hours and countless more over the last year for what I'm not sure yet. The reason I'm asking about the postponement is my husband is getting nervous and I know we can file Bankruptcy and this would guarantee the cancellation of the sale but for how long and then if no good we have a foreclosure and bankruptcy to deal with. Thx again for all your help out there everyone. Wouldn't it be nice to enjoy this Easter weekend with no worries HA........

**linda2011** · 04-21-2011, 02:03 PM

In my conference this morning with BAC and 995-HOPE, as earlier stated they accelarated the postponement because unbeknowns to me there is a 2 step process in getting the Making Home Affordable. Which to my astonishment this morning had just found out the 2nd step just went thru yesterday. Anyone know of this new info????? Also, at this late stage in the game can anyone advise me whether I should contact RECONTRUST and try to talk with them, or leave it alone to the SERVICER BAC and RECONTRUST I dont know if I trust that situation but I may muddle things up if I were to get in the middle huh?????? Have you tried this route?

**gabie2011** · 04-21-2011, 02:08 PM

No need to contact recontrust. Just keep checking their website to see if the postponement has gone through... They'll just tell you to contact your servicer... Yes this'll be your life every 30 days since you can file your postponement 14 days before the auction

**linda2011** · 04-21-2011, 02:27 PM

Thank you for your advice once again. No need to contact Recontrust. Here may be an ignorant question, if your mortgage is in active review for HAMP why does anyone have to constantly do a postponement? I thought it didnt even go to foreclosure while in the program. Of course I understand this process if denied from HAMP so......... Also tomorrow I may have some advice to post instead of asking all the ?'s. The debt counselor has informed me of some programs for those of you who need to move or on their last nerve etc etc.....I will post as soon as have it all in the a.m.. Good Luck to all of you out there in the same predicament (half the nation it seems) Has anyone asked what our neighbor at 1600 Pennsylvania Ave would do if the Whitehouse foreclosed NAH....just trying to make a little light of the stressful arena....

**linda2011** · 04-21-2011, 03:08 PM

i went onto Recontrust.com website and cannot find my property address nor the TS#. Is this a good sign? Is there anything I should know like a confirmation that this was postponed on the site.

**gabie2011** · 04-21-2011, 07:38 PM

go to the recontrust homepage. on the lefthand side there's a list of states. click on your state. then a list of counties should pull up. click on your county and then enter the TS # on the lefthand side. . . .this is the only way i know how to check for my auction date if it was moved or postponed

**linda2011** · 04-21-2011, 08:22 PM

I did exactly that Gabie. So here I'm hoping that this is good news! If it were there before I dont know as I had never checked the site. And, it is a simple site (Thank Goodness). It doesnt show any updates or confimation that something was there and/or removed. When I enter the TS# it is completely blank under the headers (property address/open bid amount/place/date of sale etc) Is there a way to check the county courthouse similar way? Most TS#'s are in this format xxxx-xxxxxx but mine is xx xxxxxxx does this seem rite? Can I enter my TS for all to see on this forum? Not quite versed on the forums policies. My Notice of Trustee's Sale they posted on my door the the recording was requested by ReContrust 1800 Tapo Canyon Rd Simi Valley 93063.

**gabie2011** · 04-21-2011, 09:41 PM

i tried contacting courthouse before, but they said they have no info about this. apparently, the lawyers of the servicer just uses the steps of the courthouse as venue...