Foreclosure date set, HAMP status now "pending", loan moved to new servicer

**KimberlyS** · 06-30-2012, 10:40 AM

Hi- First of all, I am so appreciative of this forum! It has popped up numerous times in my searches over the past week and reading here has been extremely helpful. Thanks for Moe for starting it an all who participate here!!

I have been reading and still am not exactly sure where to proceed. My story:

Recently completed HAMP trial, all three payments. Loan was serviced by E-Trade, received notification middle of June that they could not provide permanent modification because of issues with the title. At the time, it was in my trust, and they said that was a problem. I changed the title and send them a copy of the quitclaim deed this week. (Side note, I'm not sure at this point that the title thing IS a genuine problem, but that is the excuse they gave.)

Meanwhile, I received a notice of default and foreclosure date set for August 6.

And I received notice that my loan will be serviced by OCWEN as of July 2. I was on the phone all week with E-Trade to see if they could get that permanent modification before Friday. They did not. I did have to fax the quitclaim deed twice because they at first said they had it, then said they didn't, only the cover sheet, so that chewed up a whole business day. When I only had 5 business days notice of the changing of the servicer.

Right before close of business on Friday, I confirmed that the status of my HAMP is "pending" and asked for that in writing. I received an e-mail to that effect within about 3 minutes of my making that request.

I spoke with someone at OCWEN and they said if the loan modification status is pending, then they will send out final paperwork as soon as the loan transfers over and they take a look at it.

I need to give them three days for everything to transfer over, and Wednesday is a holiday.

Foreclosure date is August 6, and while in theory that is plenty of time for them to process the permanent modification, I want to be prepared in the event that their plan is to string me along as well and then proceed with foreclosure.

It seems that the next step for me (other than daily-at least- hounding of OCWEN this coming week) is to delay or stop that foreclosure date. I do not know how to do that. I've seen the steps outlined here in this forum, but I couldn't tell if the steps were specifically to a particular lender or not.

Loan is Fannie Mae. Oh, and bankruptcy chapter 7 discharged 3/12/12. HAMP trial mod approved end of February, 3 payments were due 4/1, 5/1, and 6/1.

Should I be making a payment, as there would have been one due 7/1?

Thanks in advance! If you can point me to threads or give thread titles, I will happily search for them!

I live in California.

Kimberly

**KimberlyS** · 06-30-2012, 09:36 PM

I have another question. (More than one, actually!) With the servicing of the loan transferring from GMAC/E-Trade to OCWEN, does the notice of default and foreclosure date stay as is anyway? GMAC is no longer servicing the loan. I was wondering if OCWEN has to file something as well? Or when my loan info transfers to OCWEN, does it show the foreclosure date as part of the file?

I'm assuming it stays on the books but was wondering about the technicalities of this.

And if anyone can direct me to OCWEN contact information, I would appreciate it. Still searching and finding my way around here. Thank you! I have general contact info, but nothing specific to loan modifications or anything.

**Cat Damiano** · 07-01-2012, 10:17 AM

HI KimberlyS,

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

The department that you would want to contact within Ocwen is the Obudsman and they can be reached here;

You may contact the Ocwen Consumer Ombudsman a variety of ways as provided below:

By email at Ombudsman
By phone at (800) 390-4656
By fax at (866) 771-5152
By mail at:
Ocwen Financial Corporation
Attn P. O. Box 785061
Orlando, FL 32878-5061

They should also be able to help answer your questions in regards to the handling of your permanent modification docs.

**KimberlyS** · 07-01-2012, 10:28 AM

Cat Damiano- thank you SO MUCH for the welcome and for the information!!

**Cat Damiano** · 07-01-2012, 10:42 AM

No problem, please keep us posted on how it goes.

**KimberlyS** · 07-02-2012, 12:23 PM

I am being told to wait a few days for the loan transfer to be complete when I call customer service. My foreclosure date isn't until August 6, so I do have SOME time. I called the ombudsman number (thanks again) but it does say that the department is for disputes. I don't have a dispute per se, as the loan is just transferring today. (I waited on hold for a minute or two, then hung up.)

For those of you with more experience, would you suggest just waiting the three business days (checking website for updates) and working with customer service to see how they can do the permanent modification, or go ahead and make contact with ombudsman right away?

One thing that went a bit awry for me with the previous servicer is that I thought I had a few days to take care of things, when in fact I did not. I wasted three business days because I believed the "relationship manager" when they said I had time to get them the paperwork they needed. So I'm eager to get a jump on things with Ocwen.

I'm thinking wait the three business days and then see where that goes, and THEN contact the ombudsman if there's a problem? But would love input from anyone more experienced.

**KimberlyS** · 07-07-2012, 12:59 PM

Quick update. I was able to speak with someone directly about my loan on Thursday. The details of the HAMP modification were not in the system at that point, so I was asked to fax my approval letter from the previous servicer. I did that, and will follow up shortly.

Meanwhile, I received the notice of foreclosure taped to my front door today, and I am quite peeved about the time that has been wasted because of the change in servicers. If the loan hadn't changed servicers, I could have taken care of this by now. That reminded me that I was going to file complaints against my previous loan servicer (GMAC/E-trade), which I did. I couldn't care less about the time delay if there was not already a foreclosure date set for my house!

I mentioned in my letter that I did not feel it was right to receive only four business days' notice of the change in loan servicers while my house already had a scheduled foreclosure date.

**KimberlyS** · 07-11-2012, 09:34 AM

I checked the Ocwen website this morning, and it showed my modified payment amount with a due date of July 1, 2012!!!! Prior to that (like last night before I went to bed!) it showed old payment amount, due date October 1, 2011!! I called this morning and it looks like the permanent modification will go through! I started to make a payment on the phone, with due date of July 1, but I didn't. It seems like my account is still in process and I thought I'd wait until later today or tomorrow maybe. The guy on the phone was a bit vague about my making that payment. He said that there is normally a grace period of 15 days but I need to pay on the first. I said, well, it's the 10th today.
Seems there's no way to avoid a processing fee at this late date with the status of my loan. But considering that I get to stay in my house, I'll **** it up! I'm walking on air this morning! And will be even more excited with paperwork in hand!

Thanks so much for all the information and encouragement here at this forum!

**Cat Damiano** · 07-11-2012, 09:43 AM

Kimberly,

That is such great news! I am so happy for you. Please keep us posted when you receive your docs, the trial letter may not spell out much detail, but the permanent modification payments should work out pretty close to them.

**KimberlyS** · 07-11-2012, 10:13 AM

Thanks, Cat! I just noticed my payment is smaller, and looking on the website I see that the smaller payment does include an escrow amount. That would be nice. But previous trial amt was fine, too. Looking forward to seeing the paperwork!!

**KimberlyS** · 07-13-2012, 10:46 AM

Doing a happy dance this morning! My account doesn't have a foreclosure date anymore! Every other time I've called, they've let me know of the foreclosure date. Even as of Wednesday this week, there was a confirmed foreclosure date. This time I asked the rep (since she hadn't mentioned it) and she said no foreclosure date. Yay! Foreclosure is on hold, she said. This makes sense, since technically things are still in the works.

So with foreclosure "on hold" what would be the scenario if things go awry from here and they decide to foreclose? What kind of warning would they need to give me? Just watching for potential cracks to make sure my loan doesn't fall through. This foreclosure was initiated by the previous loan servicer shortly before handing me off to Ocwen. (Thanks, guys!)

Side note, I just noticed something I said above was replaced with ****. I just meant that I'd take the penalty for processing my payment if I needed to, didn't mean to say anything offensive. (And on a subsequent phone call, I was told a way to make a payment without a penalty!)

**Cat Damiano** · 07-13-2012, 11:28 AM

That is great news that the foreclosure has been postponed! Think positive thoughts Kimberly! This will go through, this will go through

**KimberlyS** · 07-13-2012, 02:09 PM

Thanks, Cat!!

Oh man, I used to belong to a group that was practically a cult that was all about the positive thinking. It's what got me into this mess in the first place! I find it empowering to educate myself about the processes involved. That's why this forum is such a great resource!!!

**Cat Damiano** · 07-13-2012, 02:16 PM

Yikes, I didn't mean it in that way, sorry that positive thinking has gotten you into the mess! I have always been a glass is half full kinda gal.

**KimberlyS** · 07-13-2012, 02:23 PM

I do appreciate the encouragement. I'm the same, personality-wise. I never could have dreamed the previous serviced would do what they did. But alas, they did! I haven't had one single bit of trouble with OCWEN, thankfully. I'm still gonna do my homework, though.

**KimberlyS** · 07-13-2012, 02:24 PM

Originally Posted by Cat Damiano

Yikes, I didn't mean it in that way, sorry that positive thinking has gotten you into the mess! I have always been a glass is half full kinda gal.

I'll clarify. Positive thinking with no action and denial of reality got me into this mess.
I've learned a ton, though!! No regrets.

**Cat Damiano** · 07-13-2012, 02:29 PM

Ocwen has been at the forefront of modifications since they have begun, having the best track record even recently, so you may wish to look at it as a blessing in disguise for begin transferred to them. I am routing for you for the permanent modification to come to fruition.

**KimberlyS** · 07-13-2012, 02:32 PM

Thanks, Cat. I was sharing with a friend yesterday how it does appear to be a blessing that my loan transferred to this company! Thanks again for the help and encouragement.

**KimberlyS** · 07-19-2012, 12:46 PM

I just had an "interesting" experience. A man pulled up across the street from my house as I was pulling in to my driveway. I work from home, and I thought it was a client who had cancelled and then decided to come. He looked a little hesitant, and as it was a new client and the time he originally was going to come, I started talking to him. He asked me if I was a realtor, and I said, "No, are you?" And we chatted for a bit. Turns out he was taking pictures for a company who bids on houses at foreclosure auctions. I told him there was a hold on things and he showed me that I was on his list. He was very kind (I guess it's his son-in-laws business and he just helps out by taking pictures of houses.) He advised I contact an attorney if things don't get settled soon. So I called Ocwen, and they said, "no need to worry about the sale date, there is no sale date, the loan is in review." Then I called the phone number on the notice that had been taped to my door, and they said it's still in their system.

I know it takes time to update things and all that, but it makes me a bit nervous that the house is still showing foreclosure with a sale date to everyone but the people I talk to at Ocwen.

**KimberlyS** · 07-19-2012, 01:16 PM

PS The person I spoke with at Ocwen said that they are definitely not pursuing foreclosure at this time, and that if they were to pursue foreclosure, they would give 20 days notice. So that sounds fine to me. How do I make sure the people on the other side of things (the ones conducting the sale) have this information? The company that I was referred to by the notice taped to my door is auction.com Is there another way to check?

**KimberlyS** · 07-19-2012, 02:23 PM

Hi again! I just posted on a thread that I'd started about my situation, but I wanted to post this specific question here. Everyone I speak with at Ocwen (my new loan servicer as of July 2) tells me that there is no foreclosure date, that the foreclosure is on hold, that they will not proceed with foreclosure at this time because the account is in active review for a modification. When asked, they told me that if they DID proceed with foreclosure, they would give 20 days notice.

The problem is that my previous servicer started the foreclosure ball rolling, and there was a sale date set in early August.

When I check online (the paperwork from the county said to check auction.com) it shows that there still is a sale date. And (as I wrote in the other thread) there was a man checking out my house today who works for a company who plans to bid on it.

How can I confirm that the world outside of Ocwen (specifically the people who would conduct this sale?) acknowledges that there is no sale date at this time?

Thank you!

**Evan Bedard** · 07-19-2012, 03:00 PM

How can I confirm that the world outside of Ocwen (specifically the people who would conduct this sale?) acknowledges that there is no sale date at this time?

It generally takes about 30 days for the new servicer (ie Ocwen) to fully have your loan updated in their systems. In this scenario the foreclosure will usually be postponed automatically for at least a month as your loan is still in the transition stage. Once the account is updated if you come to find that the sale date is still scheduled for August, contact Ocwen's ombudsman's office and request that they postpone the sale date while you work on modifying the mortgage.

By email at Ombudsman
By phone at (800) 390-4656
By fax at (866) 771-5152
By mail at:
Ocwen Financial Corporation
Attn P. O. Box 785061
Orlando, FL 32878-5061

**KimberlyS** · 07-19-2012, 03:51 PM

Thank you, Evan! I spoke on the phone with them (ombudsman) today and they said not to worry about it. I only was starting to worry about it because of the man taking pictures with a computer printout showing my house with a sale date!

Apparently my sale date has gone from "confirmed" to "on hold" and "not confirmed" as of last Thursday/Friday.

Sometimes I forget that things don't happen automatically, and in fact really today just realized I'm not their only customer. Ha ha!

I just want to make sure my house doesn't get sold!

**KimberlyS** · 07-21-2012, 12:08 PM

I just received a letter telling me that I have been assigned a relationship manager, with name and contact info. (Including an e-mail address for the modification department, which I feel will come in handy!) I can see that the process is moving forward. I'm working on getting that sale date postponed to allow for time to process the transfer to the new servicer. As of right now, it is two weeks out.

**KimberlyS** · 07-24-2012, 03:06 PM

I spoke with Executive Trustee Services, who is handling the foreclosure, and got some information that was helpful. They are still showing the first part of August sale date. Last I spoke with Ocwen, there was no sale date at all (from sale date "on hold") so it looks like things are moving the way I would like them to! If the records at ETS don't get updated soon, I will contact Ocwen again.

At the moment I'm feeling good about the situation and feel like there is enough time to make sure my house isn't sold in two weeks.

I just want to talk about the emotional toll for a minute or two. I know we all feel it in varying degrees. For me it's just been a month or so of having to deal with this but it's kind of rough. I can't imagine those who are battling this kind of thing for extended time periods.

My daughter just asked me if we could move her to a booster from a carseat, and I just told her we were going to wait a bit for that. She's just at the right size to switch, but I'm not going to spend money on that in case I'm going to need it for an attorney or something. How do I explain it to her? "Well, honey, let's wait and make sure we have a place to live before buying you that booster seat. I should know one of these days." I run two businesses from my home. I've had to cancel appointments for my service-related business, because I was driving to the county recorder and knew I couldn't get it all done in one day. I also run a retail business, and have put ordering new merchandise on hold. I've spent hours researching, and on the phone with the previous and current servicer.

It also is extremely stressful when I get a notice of foreclosure, or something important in the mail, and my four-year-old wants my attention NOW and I'm trying to figure out how to save our house.

All because of a technicality that may or may not even be a legitimate "issue".

It has been a huge learning experience for me, a big wake-up call, really. On the one hand, I can see this as a life-changing experience that will benefit me in the future. On the other hand, I'm just plain annoyed at the stress!

**KimberlyS** · 07-30-2012, 05:54 PM

The more I read this forum, the more I appreciate what you have here! Thank you again. The relief of having my foreclosure date postponed is immense. I am enjoying reading all the great advice here while in a quieter emotional state.

I just read that venting is not well-received here. I apologize if my discussing the emotions involved were off topic for this forum. I interpreted "tell us your story" as including that aspect as well!

Anyway, thanks for the great, empowering resource.

**Cat Damiano** · 07-30-2012, 07:24 PM

Kimberly,

I am not sure where you read that, but in my posts to members, I encourage members to come here and vent anytime. You definitely need to vent every now and again, and LoanSafe is the perfect outlet. So please feel free to vent whenever you need to, I am a great listener!

**KimberlyS** · 07-31-2012, 01:22 PM

Thanks, Cat! I don't remember exactly wear I read it, seems like on one of the "settling your 2nd" threads, which are completely awesome by the way and I've learned so much! Maybe the comment was particular to that thread/forum. Thanks for responding. I love to hear people's stories, and emotions are part of it!

I'm so relieved that the foreclosure was postponed, and I had proof of the postponement on the website last Friday afternoon! Playing catch up this week, and most appreciative that I can spend my time cleaning house and catching up on work rather than stressing about that looming sale date!

I'm so appreciative of the support and knowledge shared here. It's great!

**KimberlyS** · 09-12-2012, 06:08 PM

The person I've been working with was trying to get the loan modified with the terms set by the previous servicer. It's been almost 7 weeks since I spoke with her, and no progress with a permanent mod. She recently asked if I'd be willing to fill out a new HAMP application. It seems I've heard this is pretty standard for when services change, right? My sale date is in 30-some days.
Is there any reason to keep waiting to see if they'll permanently modify or just start over with HAMP?

**Cat Damiano** · 09-14-2012, 09:38 AM

Originally Posted by KimberlyS

The person I've been working with was trying to get the loan modified with the terms set by the previous servicer. It's been almost 7 weeks since I spoke with her, and no progress with a permanent mod. She recently asked if I'd be willing to fill out a new HAMP application. It seems I've heard this is pretty standard for when services change, right? My sale date is in 30-some days.
Is there any reason to keep waiting to see if they'll permanently modify or just start over with HAMP?

If your income has been reduce since the original application then it may be a good thing to do another more updated application under the new servicer.

**KimberlyS** · 09-14-2012, 10:00 AM

Thanks, Cat! Much appreciated. I had wondered about the income aspect as well. I'm self-employed and it cycles. I was thinking that what I'd end up reporting this time might be less than last time. (Haven't crunched the numbers yet exactly.)

**Cat Damiano** · 09-14-2012, 11:30 AM

Originally Posted by KimberlyS

Thanks, Cat! Much appreciated. I had wondered about the income aspect as well. I'm self-employed and it cycles. I was thinking that what I'd end up reporting this time might be less than last time. (Haven't crunched the numbers yet exactly.)

I do hope that everything works out soon and you are able to get an approval whichever route you decide to take whether it be wait on the previous app or submit a new one.

**KimberlyS** · 10-11-2012, 04:33 PM

Thanks, Cat! I did decide to fill out a new application. It's in review and my upcoming sale date (a few days from today!) was just postponed until next month. Relief! Knowledge sure is power in this case. I don't even know if I'd still be in this house if it weren't for this forum! And while it is occasionally still a bit stressful and annoying, knowing even a bit how the pieces fit together is a very wonderful thing.

I've had nothing but cooperation and quick responses from Ocwen so far. I am not all that impressed with Executive Trustee Services. They offer a minimum of information on the phone and I always have to call back because I realize when I'm off the phone that I did not get a complete answer! Spoke with a guy there last week who'd I'd describe as sarcastic and surly. And he danced around the question!

**Cat Damiano** · 10-12-2012, 09:58 AM

Originally Posted by KimberlyS

Thanks, Cat! I did decide to fill out a new application. It's in review and my upcoming sale date (a few days from today!) was just postponed until next month. Relief! Knowledge sure is power in this case. I don't even know if I'd still be in this house if it weren't for this forum! And while it is occasionally still a bit stressful and annoying, knowing even a bit how the pieces fit together is a very wonderful thing.

I've had nothing but cooperation and quick responses from Ocwen so far. I am not all that impressed with Executive Trustee Services. They offer a minimum of information on the phone and I always have to call back because I realize when I'm off the phone that I did not get a complete answer! Spoke with a guy there last week who'd I'd describe as sarcastic and surly. And he danced around the question!

I am so glad that they were able to extend the date so that you can work on the modification. It sounds like this time around you will actually be able to get somewhere. Please keep us posted on how it goes, and Good Luck!! I am sending positive thoughts for a good outcome!

**KimberlyS** · 10-13-2012, 08:26 AM

Thanks, Cat! It does appear progress is being made! And as long as I'm not a few days from a scheduled sale, I'm happy to let the process move at whatever pace!

**KimberlyS** · 11-08-2012, 07:03 PM

I recently was told that the loan is now waiting for investor approval. I understand this is the next step and means it made it through underwriting. I'm wondering how common it is for a loan to be sent to the investor for modification approval more than once in a year. Anyone have any knowledge on that? I was approved already in February of this year, and because of a change in servicer before final modification, started through the process again.

I was just told I should have an answer in a week or so, so I guess I can just wait and see what happens! Ocwen has been great to work with and very responsive when it comes to sale postponement. The modification is taking a long time (my loan transferred there in July) but as long as they don't sell my house, I can hang in there!

**Cat Damiano** · 11-09-2012, 08:29 AM

Originally Posted by KimberlyS

I recently was told that the loan is now waiting for investor approval. I understand this is the next step and means it made it through underwriting. I'm wondering how common it is for a loan to be sent to the investor for modification approval more than once in a year. Anyone have any knowledge on that? I was approved already in February of this year, and because of a change in servicer before final modification, started through the process again.

I was just told I should have an answer in a week or so, so I guess I can just wait and see what happens! Ocwen has been great to work with and very responsive when it comes to sale postponement. The modification is taking a long time (my loan transferred there in July) but as long as they don't sell my house, I can hang in there!

This loan modification would most likely be structured a bit differently under the new servicing which may be why the investor has to review it. Please keep us posted on what you hear. GoodLuck!

**KimberlyS** · 11-09-2012, 08:56 AM

Thanks, Cat! The thought of having an answer in a week thrills me! I know it could be more than a week, but I'll let myself get a tiny bit excited!!!!! Thanks for the reply.

**KimberlyS** · 11-28-2012, 06:00 PM

I wonder how many times people check their loan status... I do it at least twice a day...anyway, this afternoon when I checked it said my application has been approved! I emailed the woman I've been working with and she said I'd get some info in writing. Website says that will come within 30 days. But it's been approved!!!!! I'm guessing I'll go through another trial period, which is fine. (What choice do I really have?!) So the new payment amount is listed, with a current due date. I am so relieved! Now I'm going to get my carpets cleaned! I'd been hoarding cash in case I needed to hire an attorney. And this time around I will watch like a hawk at the end of the trial period!

The application took about two months to approve. My most recent sale date was postponed by the "trustee" for only two weeks, which was annoying, but I think I have their system figured out.

I'm babbling a bit. Yes, I'm excited! The payment is about what it was before. I'm happy with that figure.

I've had three sale dates postponed. It's so stressful as they approach! I feel more secure in a trial period vs in review. I'll still monitor all that very closely, of course.

**Cat Damiano** · 11-29-2012, 12:02 AM

Originally Posted by KimberlyS

I wonder how many times people check their loan status... I do it at least twice a day...anyway, this afternoon when I checked it said my application has been approved! I emailed the woman I've been working with and she said I'd get some info in writing. Website says that will come within 30 days. But it's been approved!!!!! I'm guessing I'll go through another trial period, which is fine. (What choice do I really have?!) So the new payment amount is listed, with a current due date. I am so relieved! Now I'm going to get my carpets cleaned! I'd been hoarding cash in case I needed to hire an attorney. And this time around I will watch like a hawk at the end of the trial period!

The application took about two months to approve. My most recent sale date was postponed by the "trustee" for only two weeks, which was annoying, but I think I have their system figured out.

I'm babbling a bit. Yes, I'm excited! The payment is about what it was before. I'm happy with that figure.

I've had three sale dates postponed. It's so stressful as they approach! I feel more secure in a trial period vs in review. I'll still monitor all that very closely, of course.

Kimberly that is really great news, I am so happy that you received the approval! Please post the details when you receive your docs.