BoA mod. denied foreclosure sale date..all over the phone

[hagans]

I have been working w/ BOA since october 2011. I called the day my husband lost his job to see what we could do knowing i would miss a payment soon. they told me I had to be 3 months behind before I could modify..so I did. and applied. then my acct manager changed in Jan 2012. I have sent in a total of 4 packets.

I was told this week I was denied modification and that I am in foreclosure and my sale date is Aug 7 2012. I asked her when they were going to send the letter of intent she said it was sent Jan 10th. I asked if she sent it certified and she told me no, and since in Texas it does not have to be certified, then later she said it was certified, and i asked for a copy of the green tag she said my husband signed, and she told me she cannot send anything to me unless it is a blank doccument (no signatures). i found all of this to be weird, so i contacted an FHA HUD counselor. He conferenced called and she sounded annoyed. She also told me future payments will be returned.

After I got off the phone with her, I went online to check my acct, and cannot have access to my loan.

I faxed a new mod packet to her yesterday, so hopefully this will delay foreclosure.

I looked up the property code for Texas. the "letter of intent to foreclose" should be in 14 point font bold and sent certified mail.

can anyone who has dealt with BOA help me out? does this sound legit? what papers should i be getting in the mail? Should i be sending any Letters?

Thanks for your help in advance

[Cat Damiano]

Hi hagans,


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

They would have to send the first letter, which is the "Notice of Default and Intent to Accelerate" and it would need to be sent certified, letting you know that you would have at least 20 days to cure the default. However, in Texas, there is no requirement that the homeowner actually receive the letter so simply ignoring certified mail letters or refusing to sign from them will not protect you. Not saying that is what happened, but because of this, the lender would not have to prove that they sent it certified.

The second notice is the "Notice of Sale and Acceleration of Debt" After the 20-day period has expired, the lender must send a second letter by certified mail notifying you that the entire loan balance is now due, and the failure to pay will result in the sale of your home. Again, there is no requirement that you actually receive or read the notice as long as it was sent by certified mail to the last known address on file with the lender. This reinforces the importance of notifying your lender if your mailing address changes after you purchase your home.

http://www.texasbar.com/Content/Navi...oreclosure.pdf


If you have not done so already, you may want to try to escalate your file to the executive team considering the foreclosure time frame in Texas is very tight.

They can be reached here;

1-704-386-5687

[hagans]

Thank you so much for that number! I got through no problem, and they had no mod. workup in their system!! and when I told them my rep refused a payment plan or similar and refused my payments, etc. they were suprised. I will be getting a new rep by thursday, so hopefully they will accept payments.
Also, they informed me they cannot push the sale date back until it is within 5 days.

[Cat Damiano]

I am happy to help. I do hope that they are able to work something out with you. Please keep us posted on how it goes.

[hagans]

yes it is a fixed fha loan.

[Cat Damiano]

If it is an FHA loan, there are also other resources and options available to you along with help through HUD for free foreclosure prevention and counseling. Are you also working with the counselor that you contacted to help you with the modification?

FHA-Insured Mortgages

The Federal Housing Administration (FHA), which is a part of the U.S. Department of Housing and Urban Development (HUD), is working aggressively to halt and reverse the losses represented by foreclosure. Through its National Servicing Center (NSC), FHA offers a number of various loss mitigation programs and informational resources to assist FHA-insured homeowners and home equity conversion mortgage (HECM) borrowersfacing financial hardship or unemployment and whose mortgage is either in default or at risk of default.

• Click Here to log onto the NSC Loss Mitigation Programs home page.
• Click Here for answers to Frequently Asked Questions about FHA’s loss mitigation programs.

CONTACT FHA

FHA staff are available to help answer your questions and assist you to better understand your options as an FHA borrower under these loss mitigation programs. There are several ways you can contact FHA for more information, including:

• Call the NSC at (877) 622-8525
• Call the FHA Outreach Center at 1-800-CALL FHA (800-225-5342)
• Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339.
• Email the FHA Resource Center
• The Online FHA Resource Center

[hagans]

okay, i have written my qwr after going over my extensive flie of notes on this. i was wrong abt the 3 months.. here is my letter..if anythig looks bad, please let me know. criticism is greatly appreciated.

To: BAC Home Loan Servicing, LP aka Bank of America, N.A.>

We wererecently informed over the phone that we were denied HAMP modification and thatour home is in foreclosure and a sale date of August 7. 2012. Please be advisedwe would like to KEEP OUR HOME. >

This is a "qualified written request" under Section 6 of theReal Estate Settlement Procedures Act (RESPA).>

I am informing you of the FRAUD your company has stowed upon me. October20, 2011, I was assigned CSR Tyrone Long. He told me I HAD to default on my loan before I would be considered any type of assistance involving my hardship or a modification. He also said I was APPROVED for a temporary 3 month forbearance due to our unemployment and we were under review for an even longer forbearance of up to 12 months. He specifically told us NOT to make any payments for the 3 months. Since your company records phone calls for qualityassurance, you will have no problem getting proof of my statements above.>

By lyingto me your company broke the law:

The FDCPA prohibits a "debt collector" from using a "false,deceptive, or misleading representation or means in connection with thecollection of any debt." 15 U.S.C. § 1692e.>

I amrequesting because of this FRAUD and this verbal agreement for a forbearance,that you suspend all foreclosure proceedings a correct all three of my creditreports. >

I am also writing to inform you of the 4 completed modification packets I was told to send in to your company for review. All 4 were denied. I am request the reason we weredenied and the formula you came to this conclusion including the input valuesfor our NVP for all four applications I sent in. I would also like to requestthat you postpone or cancel the sale date due to the fact that we recently contacted the OOP to get ourfile escalations. I would also like to request further foreclosure proceedings be halted as my modification packet be reviewed and to request written proof that you have received my recent HAMP application and that it is being reviewed. >

I would like a copy of my payment history including the amount I would need to bring my loan out of foreclosure along with the date BOA bought my loan from Countrywide.>

Also, Iwas informed over the phone that I was mailed an 'Intent to foreclose' letter. I have yet to receive such a letter and requesting a copy sent to me, certified mail.>

I would very much like to have my loan be reinstated and the ability to make paymentsbe reinstated. If possible, I would also like the ability to have full access to my account online again. >
Sincerely,>

[Cat Damiano]

You have mixed two plans of attack here. The QWR is only a request or inquiry from the lender for information and or documents pertaining to the loan servicing and escrow accounts as cited under RESPA section 6. The complaint that you have would need to be filed elsewhere.

The QWR would be able to address the payment history, the reinstatement figures, the transfer of the loan and the letter of intent to foreclose. It will not be able to address having the loan reinstated or reversal of the online account access as it is only an inquiry.

The complaints can be filed through both the OCC for BofA and HUD due to the fact that it is an FHA loan;

File a Complaint about a National Bank

Filing a RESPA complaint Persons who believe a settlement service provider has violated RESPA in an area in which the Department has enforcement authority (primarily sections 6, 8 and 9), may wish to file a complaint. The complaint should outline the violation and identify the violators by name, address and phone number. Complainants should also provide their own name and phone number for follow up questions from HUD. Requests for confidentiality will be honored. Complaints should be sent to:

Director, Office of RESPA and Interstate Land Sales U.S. Department of Housing and Urban Development Room 9154 451 7th Street, SW Washington, DC 20410 Email Phone: (202) 708-0502

[hagans]

i received a phone call from a rep in the oop's office. she addressed my concerns in the email i sent to brian.t.moynihan@bankofamerica.com on june 29th. she said she will be my contact and also said"a verbal agreement with one of our representatives wont count as it should have been in writing." she did confirm my sale date and told me how much i owed before any fees. she told me she will look into why i was denied 4 times, but will get an answer probably next tuesday. but thats one week away from when i am 21 days out from my sale date! sorry, i am just frustrated that they jerked me around this long.

I will write a complaint letter abt the first csr and how i was misinformed..or would that be a waste of time?

[Cat Damiano]

That would really not get you anywhere, the complaint to the OCC would need to be about the BofA process as a whole. Complaining about one specific hourly wage employee may not get the resolve you are looking for. You also have to keep in mind that your loan is an FHA loan and as such you do have HUD to contact as well for help.

[isisis]

Hi hagans,

I'm so sorry for what you're going through and I know EXACTLY how you feel because almost a year ago I first posted here on Loansafe when I was five days away from my sale. I'm still in my house today because I fought back. So don't panic there are ways, lots of ways of going about stopping a sale. Aside from Cat's advise about working with HUD as an FHA loan I suggest you read this thread. Hang in there and don't give up!

My recent letter to BofA (Part 2

[hagans]

update: I got off the phone with the oop rep. she told me to send more stuff in again, along with a form 710. and that she could not postpone the sale date until we are 10-14 days away from that date. she said the process should take 2-4 weeks to complete. she never told me WHY my 4 packets were denied, just the first HAMP. so hopefully everything goes through, if not...idk. I am just so confused by everything. i did contact the HOPE hotline and they referred me to GREENPATH counceling.

[Cat Damiano]

10-14 day timeframe is better than most lenders give to postpone the sale, most give 5. You should utilize a free counselor if you feel that you could use some help going through the process this time around, they can also help monitor the foreclosure.

[hagans]

UPDATE: i had my sale date postponed until oct 2, 2012. My rep did not know why it was postponed but i am guessing because of the letter. I got a letter from ANOTHER csm answering questions abt my QWR and saying she will be my NEW csm, and the calculations that my first application was based on. they put me down as having $1756 monthly gross and $1342 net income when we had $0 income.

I spoke to the csm on July 25th and she told me everything was complete and sent to the underwriter and it should take 30 days or sooner...then I got a fedex envelope with papers telling me i had missing docs that needed to be turned in by Aug 30th.

[hagans]

new update: I just found out they used my husbands paystubs from the job he was fired from. And the underwriter stated my husband had 2 jobs. even IF they used the paystubs, our numbers would be HIGHER. that is his weekly pay..not monthly. also, we were unemployed for 4 months before we recieved a denial b/c of back end ratio.

my csm told me to ignore the letter of missing docs. but i faxed them in anyway.

i am thinking of sending in a complaint letter to the occc. would this help or hurt? I have this feeling we will be denied and will need to file bk.

[Cat Damiano]

It isn't going to hurt to file a complaint against BofA through the OCC, were you able to contact HUD and file a complaint as well? Here are other steps you can take for an FHA loan as well;


Here are some steps you can take to get help for an FHA loan;

1) Call the FHA National Servicing Center (“NSC”) at 877-622-8525 to file a complaint:
They are responsible for assisting FHA borrowers who have had difficulty working with their lender. You will need to provide the NSC with your FHA case number. Get your case number from your lender, or your FHA case number can be found in the top left corner of your HUD 1 settlement statement received at closing.

2) Contact FHA Commissioner Carol Galante:
Carol.J.Galante@hud.gov
Direct: 1-202-708-2495.

3) Call the FHA Outreach Center:
1-800-CALL FHA (800-225-5342)

• Email the FHA Resource Center
• The Online FHA Resource Center

[hagans]

THANK YOU!!! i just sent the letter...did not see this here. was reading the "my recent letter part 2" board. thanks again.

[hagans]

Also, I wanted to ask, they filed with my county clerk this sale date (they did not with the previous one). does this mean anything? like i will be denied? also, i noticed on the NOFS they list what i bought the house for, not what i still owe, is that normal?

and recontrust doesnt list my house, is there somewhere else i should look? thanks.

[Cat Damiano]

You will have to address these questions with the lender. Also you may want to check with the county clerk as to where you should look in the state of TX for foreclosure filings if they do not list them with the county.

[hagans]

okay i got the packet of TRIAL PAYMENTS from fed ex today after receiving a call from HUD on monday...:
"FHA TRIAL PERIOD PLAN AGREEMENT
(SPECIAL FORBEARANCE TYPE 2 FOR MODIFICATION)"

one of the agreements is to sign that i am past due for dec 2011, but this month was paid. and the "past due amount" is $10,150.66 is for delinquent principal, interest, late fees. but this amount is including all lawyer fees and drive by fees.

the amount is for $1106.40 @ 4% which is higher than the 31% and only 1% lower than i currently have.

what i am asking is, can we modify this agreement to correct the december payment, and see if they can give us something better?

also, instead of the $120,036 listed on my last BofA statement/coupon, the agreement states my modified balance as $131,422.33. is this normal?

[Cat Damiano]

okay i got the packet of TRIAL PAYMENTS from fed ex today after receiving a call from HUD on monday...:
"FHA TRIAL PERIOD PLAN AGREEMENT
(SPECIAL FORBEARANCE TYPE 2 FOR MODIFICATION)"

one of the agreements is to sign that i am past due for dec 2011, but this month was paid. and the "past due amount" is $10,150.66 is for delinquent principal, interest, late fees. but this amount is including all lawyer fees and drive by fees.

the amount is for $1106.40 @ 4% which is higher than the 31% and only 1% lower than i currently have.

what i am asking is, can we modify this agreement to correct the december payment, and see if they can give us something better?

This is a combination program to help you catch up with the delinquent payments, once you are caught up, the payment amount should go down, but you can verify this with your RM. This is most likely the only option available to get the loan current.

Here is the information in regards to the special forbearance type II

Type II Special Forbearance


A Type II special forbearance combines a short-term special forbearance plan and a modification or partial claim as a single loss mitigation plan. Lenders should use a Type II special forbearance whenever the loss mitigation evaluation determines that the borrower’s best option is either a modification or a partial claim but there is any concern about the borrower’s ability or commitment to keep the payments current following reinstatement. Borrower must make at least three full monthly payments prior to execution of a modification or partial claim. Where a short term special forbearance is used to allow borrowers to demonstrate their ability to support the debt, FHA is further protected from the risk of workout failure. Generally, during the trial period the amount of the monthly payment due will not exceed the borrower’s normal monthly payment.


To be considered a valid Type II special forbearance agreement by the Department, a special forbearance agreement will contain elements of a Type I, in addition to the following :

• Identify the loss mitigation initiative that will be used to cure the default, i.e., loan modification or partial claim.

• Not allow late fees to be assessed while the borrower is performing under the terms of a special forbearance plan. Because Type II special forbearance plans culminate in either a loan modification or a partial claim, foreclosure costs and fees may be collected in accordance with the requirements applicable to those options.

• Require a minimum of three monthly installments before the completion of the modification or partial claim.

• A Type II special forbearance is not entitled to receive a special forbearance incentive fee, but may file for the loss mitigation option incentive fee, used to cure the default, when the loss mitigation action is finalized.

Regardless of type, a special forbearance plan must be designed to eventually lead to reinstatement of the loan either directly or in combination with a loan modification or partial claim. While there is no maximum duration requirement for special forbearance agreements and lenders are encouraged to allow as much time for repayment as is reasonable based on the borrower’s ability to repay, at no time may the maximum mortgage arrearage due under a special forbearance plan exceed the equivalent of 12 months of principal, interest, taxes and insurance (“PITI”).


The special forbearance agreement must be in writing and must be executed by the mortgagor and lender. The agreement must acknowledge previously missed mortgage payments and provide notice that failure to comply with the terms of the special forbearance agreement
can result in initiation of foreclosure.