US Bank/Countrywide Short Sale Success!!! - Loan Modification Forum

bachbaron · 06-01-2008, 03:08 PM

I have an 80/20 loan on a house in Arizona. It was originated by US Bank but Countrywide bought the 20% after closing. I did not have PMI on it because of the 80/20 scenario.

Well I am trying to do a short sale because I had to move to Texas for employment reasons. US Bank has been nothing but helpful in trying to help me get out of this situation. They will not release a letter of acceptance for the offer we currently have until Countrywide releases their lein (2nd).

Countrywide has already cost me one offer on the property because they didn't respond in time. Well thanks to your website, I did the email blast to all the executives when I got this offer although I am now running into problems again. Countrywide claims there is PMI on my 2nd mortgage although I confirmed with my originating loan officer there is not. I confronted my loan officer, Krysta McDonald (office of president short sales) and she backed up on her statement. She then blurted out that Countrywide wants triple what US Bank is preparing to offer PLUS I would have to sign a promissory note! Heck no I am not doing that! Since the property is in Arizona and it's a non deficiency judgement state, why in sam hell would I sign a promissory note to Countrywide if I could foreclose and not have my wages garnished?

Any help anyone has to haggle with Countrywide to accept the 1st lein holder's offer would be much obliged. Also, should Countrywide and US Bank be talking directly or should I be doing to messenger work? Does Countrywide really have any grounds to haggle with me? If there is a foreclosure because they screw up my short sale, they'd get NOTHING as US Bank is the 1st lein holder.

Any help would be much obliged.

Joshua

Moe Bedard · 06-01-2008, 03:45 PM

Hi Joshua,

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

actually Arizona does both:

Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

Arizona Foreclosure Law

There are only a few members dealing with Short Sales on the forum..........but they are working with agents that are well versed in short sales and attorneys that take care of short sales.............

Things go alot more smoothly when you have someone experienced with them to negotiate on your behalf........

Moe Bedard · 06-01-2008, 05:27 PM

Faith,

The circumstances here because of the different state laws regarding foreclosure are a bit different............you have the 580b ruling in California and Arizona does not..........

In the Arizona foreclosure laws........how the foreclosure is implemented is dependant on the Power of Sale clause and whether or not it is in the docs.......

Hiring an attorney is a good idea when sorting out something like this........

bachbaron · 06-01-2008, 06:13 PM

Well US Bank is the first lein holder so I assume they hold the power of sale. Countrywide can't foreclose unless US Bank does. If there is a foreclosure, US Bank would get all the proceeds from the trustee sale as the value of the property has dropped significantly.

Is there a way to negotiate with Countrywide on an Arizona domiciled property to get them to release their lein to the first lein holder without a promissory note?

I have spoken with an experienced title agent who said that since Arizona is a non deficiency judgement state, they could not come after me for the lost amount.

Thank you everyone for all your advice and support.

Moe Bedard · 06-01-2008, 06:19 PM

Joshua,

If CW is not negotiating with you on a lien release............you may want to speak to an attorney to see how you have to handle it with them......

We are not attorneys........so we wouldn't be able to advise you on how to negotiate a lien release from CW........

bachbaron · 06-02-2008, 01:46 PM

Which one is better for the seller in the attempt to do a short sale?

I am confused on what a 1099 actually contains. Is it just the tax on the difference between the settled amount and the amount originally due?

Moe Bedard · 06-02-2008, 03:18 PM

A 1099 has the amount that you will have to report as income on your taxes..........whatever the difference is......

bachbaron · 06-12-2008, 06:54 AM

Does anyone have a management contact name/number for this department? I have been trying for 8 months for them to make a decision on my property and I keep getting the push back and excuses.

Any help you have is much obliged.

Moe Bedard · 06-12-2008, 07:50 AM

This is the only number we have..........

US Bank Loss Mitigation
1-800-365-7900

bachbaron · 06-26-2008, 06:38 AM

In January of 2006, I bought a townhome in Phoenix with an 80/20 interest only mortgage and nothing down. In October 2006, I had to move to Texas for employment reasons. I put my home on the market in November. I had done continuous incentives like paying for closing costs, down payment assistance and reducing the price but could not get a buyer to bite. By March of 2008, my price was so low compared to what I owed that I had no other choice but to do a short sale.

We had one offer in early April that required we close within 2 weeks. That fell through because I could not get Countrywide who was on the 2nd mortgage to reply.

I got another offer in May and this time I went looking for help on how to get this done. US Bank had already been working my file and I had a good relationship with them. I had faxed all my info to Countrywide and kept being told I was waiting to be assigned to a negotiator. I also could not get to talk to anyone on the department that was making the decision. I kept getting transferred to the call center in India. I once even had a guy in the call center in India put on a Texas accent and tell me he was from Dallas. The Call Center kept making promises about a decision this week or next but time kept ticking by with nothing. I could not afford to lose this buyer. I needed help. I came upon LoanSafe.org and started researching. I found the email addresses that I needed to send my information to and sent it the day of the Mozillo email news story. By escalating my file with the help of LoanSafe, the Office of the President assigned my file to a nice negotiator who helped me get the short sale approved.

We closed yesterday. I still can't believe that it actually is done. After 20 months of sleepless nights and worrying, I can finally breathe a little easier. It hasn't hit me yet.

Thank you LoanSafe, especially *** and Moe for all your help. I am now a success story. It was a long, hard, frustrating process but we got it done and I have to thank you guys for the valuable information and suggestions you posted on this website. You are truly offering a great service that is much needed in today's world.

Thank you thank you thank you.

If anyone has questions about doing a short sale with US Bank or Countrywide, I would be glad to assist any way I can. I feel I am obligated to as all of you at LoanSafe have been so helpful to me.

Best of luck to everyone.

schwefls · 06-26-2008, 07:06 AM

Backbaron I am so happy for you

Moe Bedard · 06-26-2008, 08:21 AM

Joshua,

That is AWESOME news!!!!!
I am so Happy we were able to help you!!!
Congratulations!!! Go Celebrate!!!

bachbaron · 06-26-2008, 08:24 AM

You bet I am going to celebrate! It's a huge monkey off my back!!!

Thanks again for all your help.

What you guys do is great.

RudyJay · 06-26-2008, 10:52 AM

WAY TO GO AND NOT GIVE UP... GOOD LUCK IN TEXAS..rj

pmbva · 06-26-2008, 12:17 PM

It is so helpful to read stories like yours. Sleep well tonite you deserve it!

icurn · 06-27-2008, 05:30 PM

CONGRATULATIONS!!!! What a relief for you!! SO happy your story has a happy ending. Thanks for all the answers to my questions and I remind myself of your story everyday and it gives me hope

Best wishes!!!

iminlj · 07-02-2009, 02:27 PM

bachbaron

I would love to chat with you about US Bank. I am trying to do a shortsale with them and am not having luck. Wonder what i am doing wrong?

bachbaron · 07-02-2009, 02:34 PM

Sure I would love to help any way I can. How do we touch base?

iminlj · 07-02-2009, 02:36 PM

Hmmm...

i am not sure that this site allows one to call another or not but my phone is 858-775-6888 or i am happy to call or email you.

bachbaron · 07-02-2009, 02:58 PM

One other thing you should do if they are not budging on the negotiations is explain if they don't make any concessions the house will go into foreclosure and they will get even less than what you're trying to negotiate. Best of luck!

iminlj · 07-02-2009, 03:00 PM

Thanks. They just dont seem to care.

06-01-2008, 03:08 PM	#1 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	US Bank/Countrywide Short Sale Success!!! I have an 80/20 loan on a house in Arizona. It was originated by US Bank but Countrywide bought the 20% after closing. I did not have PMI on it because of the 80/20 scenario. Well I am trying to do a short sale because I had to move to Texas for employment reasons. US Bank has been nothing but helpful in trying to help me get out of this situation. They will not release a letter of acceptance for the offer we currently have until Countrywide releases their lein (2nd). Countrywide has already cost me one offer on the property because they didn't respond in time. Well thanks to your website, I did the email blast to all the executives when I got this offer although I am now running into problems again. Countrywide claims there is PMI on my 2nd mortgage although I confirmed with my originating loan officer there is not. I confronted my loan officer, Krysta McDonald (office of president short sales) and she backed up on her statement. She then blurted out that Countrywide wants triple what US Bank is preparing to offer PLUS I would have to sign a promissory note! Heck no I am not doing that! Since the property is in Arizona and it's a non deficiency judgement state, why in sam hell would I sign a promissory note to Countrywide if I could foreclose and not have my wages garnished? Any help anyone has to haggle with Countrywide to accept the 1st lein holder's offer would be much obliged. Also, should Countrywide and US Bank be talking directly or should I be doing to messenger work? Does Countrywide really have any grounds to haggle with me? If there is a foreclosure because they screw up my short sale, they'd get NOTHING as US Bank is the 1st lein holder. Any help would be much obliged. Joshua

06-01-2008, 03:45 PM	#2 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,685	Re: They are giving me the runaround Hi Joshua, Welcome to the forum and thank you for joining.............. actually Arizona does both: Judicial Foreclosure The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder. Non-Judicial Foreclosure The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines". Arizona Foreclosure Law There are only a few members dealing with Short Sales on the forum..........but they are working with agents that are well versed in short sales and attorneys that take care of short sales............. Things go alot more smoothly when you have someone experienced with them to negotiate on your behalf........ __________________ 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.

06-01-2008, 05:27 PM	#3 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,685	Re: They are giving me the runaround Faith, The circumstances here because of the different state laws regarding foreclosure are a bit different............you have the 580b ruling in California and Arizona does not.......... In the Arizona foreclosure laws........how the foreclosure is implemented is dependant on the Power of Sale clause and whether or not it is in the docs....... Hiring an attorney is a good idea when sorting out something like this........ __________________ 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.

06-01-2008, 06:13 PM	#4 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	Re: They are giving me the runaround Well US Bank is the first lein holder so I assume they hold the power of sale. Countrywide can't foreclose unless US Bank does. If there is a foreclosure, US Bank would get all the proceeds from the trustee sale as the value of the property has dropped significantly. Is there a way to negotiate with Countrywide on an Arizona domiciled property to get them to release their lein to the first lein holder without a promissory note? I have spoken with an experienced title agent who said that since Arizona is a non deficiency judgement state, they could not come after me for the lost amount. Thank you everyone for all your advice and support.

06-01-2008, 06:19 PM	#5 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,685	Re: They are giving me the runaround Joshua, If CW is not negotiating with you on a lien release............you may want to speak to an attorney to see how you have to handle it with them...... We are not attorneys........so we wouldn't be able to advise you on how to negotiate a lien release from CW........ __________________ 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.

06-02-2008, 01:46 PM	#6 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	Promissory Note vs. 1099 Which one is better for the seller in the attempt to do a short sale? I am confused on what a 1099 actually contains. Is it just the tax on the difference between the settled amount and the amount originally due?

06-02-2008, 03:18 PM	#7 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,685	Re: They are giving me the runaround A 1099 has the amount that you will have to report as income on your taxes..........whatever the difference is...... __________________ 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.

06-12-2008, 06:54 AM	#8 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	US Bank Default Resolution Department Does anyone have a management contact name/number for this department? I have been trying for 8 months for them to make a decision on my property and I keep getting the push back and excuses. Any help you have is much obliged.

06-12-2008, 07:50 AM	#9 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,685	Re: They are giving me the runaround This is the only number we have.......... US Bank Loss Mitigation 1-800-365-7900 __________________ 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.

06-26-2008, 06:38 AM	#10 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	US Bank/Countrywide Short Sale Success!!! In January of 2006, I bought a townhome in Phoenix with an 80/20 interest only mortgage and nothing down. In October 2006, I had to move to Texas for employment reasons. I put my home on the market in November. I had done continuous incentives like paying for closing costs, down payment assistance and reducing the price but could not get a buyer to bite. By March of 2008, my price was so low compared to what I owed that I had no other choice but to do a short sale. We had one offer in early April that required we close within 2 weeks. That fell through because I could not get Countrywide who was on the 2nd mortgage to reply. I got another offer in May and this time I went looking for help on how to get this done. US Bank had already been working my file and I had a good relationship with them. I had faxed all my info to Countrywide and kept being told I was waiting to be assigned to a negotiator. I also could not get to talk to anyone on the department that was making the decision. I kept getting transferred to the call center in India. I once even had a guy in the call center in India put on a Texas accent and tell me he was from Dallas. The Call Center kept making promises about a decision this week or next but time kept ticking by with nothing. I could not afford to lose this buyer. I needed help. I came upon LoanSafe.org and started researching. I found the email addresses that I needed to send my information to and sent it the day of the Mozillo email news story. By escalating my file with the help of LoanSafe, the Office of the President assigned my file to a nice negotiator who helped me get the short sale approved. We closed yesterday. I still can't believe that it actually is done. After 20 months of sleepless nights and worrying, I can finally breathe a little easier. It hasn't hit me yet. Thank you LoanSafe, especially *** and Moe for all your help. I am now a success story. It was a long, hard, frustrating process but we got it done and I have to thank you guys for the valuable information and suggestions you posted on this website. You are truly offering a great service that is much needed in today's world. Thank you thank you thank you. If anyone has questions about doing a short sale with US Bank or Countrywide, I would be glad to assist any way I can. I feel I am obligated to as all of you at LoanSafe have been so helpful to me. Best of luck to everyone.

06-26-2008, 07:06 AM	#11 (permalink)
schwefls New Member Guide & Litton Success Join Date: Jan 2008 Location: New Jersey Posts: 1,090	Re: US Bank/Countrywide Short Sale Success!!! Backbaron I am so happy for you __________________ Lynn Successful thanks to this forum Loan Safe Guide

06-26-2008, 08:21 AM	#12 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,685	Re: US Bank/Countrywide Short Sale Success!!! Joshua, That is AWESOME news!!!!! I am so Happy we were able to help you!!! Congratulations!!! Go Celebrate!!! __________________ 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.

06-26-2008, 08:24 AM	#13 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	Re: US Bank/Countrywide Short Sale Success!!! You bet I am going to celebrate! It's a huge monkey off my back!!! Thanks again for all your help. What you guys do is great.

06-26-2008, 10:52 AM	#14 (permalink)
RudyJay Senior Member Join Date: Apr 2008 Posts: 652	Re: US Bank/Countrywide Short Sale Success!!! WAY TO GO AND NOT GIVE UP... GOOD LUCK IN TEXAS..rj

06-26-2008, 12:17 PM	#15 (permalink)
pmbva Member Join Date: Jun 2008 Posts: 16	Re: US Bank/Countrywide Short Sale Success!!! It is so helpful to read stories like yours. Sleep well tonite you deserve it!

06-27-2008, 05:30 PM	#16 (permalink)
icurn Member Join Date: Jun 2008 Posts: 17	Re: US Bank/Countrywide Short Sale Success!!! CONGRATULATIONS!!!! What a relief for you!! SO happy your story has a happy ending. Thanks for all the answers to my questions and I remind myself of your story everyday and it gives me hope Best wishes!!!

07-02-2009, 02:27 PM	#17 (permalink)
iminlj Member Join Date: Jun 2009 Posts: 19	Re: US Bank/Countrywide Short Sale Success!!! bachbaron I would love to chat with you about US Bank. I am trying to do a shortsale with them and am not having luck. Wonder what i am doing wrong?

07-02-2009, 02:34 PM	#18 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	Re: US Bank/Countrywide Short Sale Success!!! Sure I would love to help any way I can. How do we touch base?

07-02-2009, 02:36 PM	#19 (permalink)
iminlj Member Join Date: Jun 2009 Posts: 19	Re: US Bank/Countrywide Short Sale Success!!! Hmmm... i am not sure that this site allows one to call another or not but my phone is 858-775-6888 or i am happy to call or email you.

07-02-2009, 02:58 PM	#20 (permalink)
bachbaron Member Join Date: Jun 2008 Location: Houston Posts: 19	Re: US Bank/Countrywide Short Sale Success!!! One other thing you should do if they are not budging on the negotiations is explain if they don't make any concessions the house will go into foreclosure and they will get even less than what you're trying to negotiate. Best of luck!

07-02-2009, 03:00 PM	#21 (permalink)
iminlj Member Join Date: Jun 2009 Posts: 19	Re: US Bank/Countrywide Short Sale Success!!! Thanks. They just dont seem to care.

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