AHMSI Modification SUCCESS!!

[landsend]

I have received a foreclosure notice in the mail from the trustee (lawyer) in Omaha and I need some help quickly before they set a sale date. My loan was one that has been transferred from Citi Group over to American Home Mortgage and they have started the foreclosure process without even contacting me or sending me any information or statements or bills or any correspondence at all. My husband and I have both been trying to contact Citi for about a month and a half about our loan status hoping for a modification, they kept telling us that they couldn’t find our file, they only recently told us that it has been transferred to AHMSI who I then tried contacting: again the same story of “we have no record of that file”. Since there has been no correspondence I didn’t even know an account number to reference with them. Then the next thing I knew I received these certified letters informing me that they have filed a Notice of Default with the Register of Deeds so I’m kind of scrambling with what to do.

I have a husband and 4 children. I don’t want my children uprooted if it can be helped.

We live in the state of Nebraska, there is not a huge bog down of foreclosures here in the system so things tend to move pretty quickly. I could really use some help with what to do next. I’ve tried contacting multiple lawyers in Omaha but they all lead to the same thing “Chapter 13”. Filing bankruptcy is not what we want to do but it seems like any attorney around here who claims to know anything about foreclosures is really just a lawyer who specializes in bankruptcy court looking for more business. I feel like American Home Mortgage certainly should be required to at the very minimum contact me or send me something that states that they are now in control of my loan before we go straight to foreclosure. I thought that there might be other people on your site who have had the same issue since American has taken over so many of Citi’s files.

Also I am still hoping to get some sort of modification and I thought that I might get some help on what to do to reach that point from some who are on your site who have been successful.

[Moe Bedard]

Hi landsend,


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

Try calling
Christine from the VP of Home Retention office and see if she can help.
1-949-790-3600 ext. 35204

[ManicMangaManiac]

Wow, Landsend--
Sounds like you're in a real mess--you have my deepest sympathy! I am in Kansas myself and have been doggedly trying to find a competent lawyer who would be EAGER to sink his or her teeth into AHMSI for predatory lending, but absolutely NO luck at all. I think that what's happening is that they figure if you can't pay the mortgage, then you can't pay the lawyers themselves.

I DO have a lawyer representing me, but he's a bankruptcy attorney and next to useless. He told me that I have no legal defense at all to the plaintiff's complaint. What's more, my mortgage is a refinance of my principal dwelling which I inherited from my mother and there is at least one TILA violation on it--which extends my right of recission to three years instead of three days. I signed the accursed papers in December of 2006, so I have till next December to exercise that right. Yet when I brought it up with this lawyer, he said "It's too late". ARRRRRGGGH!

For the record, who is the trustee on your mortgage? Mine is Wells Fargo and they're the ones hauling me into court next month; I have a judicial hearing on the 30th. Since I just lost my job, I don't know what I'm going to do. I know I am scared sh*tless, depressed and strung out emotionally--just like everyone else on this forum.

I hope that you can get your situation resolved soon and I'm praying for you and everyone else--God bless!
Sally

[landsend]

I've left a message with Christine's office and I am also sending a fax of our hardship letter this afternoon to Jeanne Drakes office. Hopefully they will slow down just a little, breathing room would be nice.
As far as the trustee of my mortgage, I'm not sure, I assume you are asking who the actual investor is or who represents that money but I don't know. I wish I did and I hope through all of this I can find out because I would love to take my case directly to them. The Intent to foreclose letter that I got in the mail only names the attorney involved and calling his office is no help. I have had other attorney's who know him personally refer to his office as a foreclosure mill, much like a puppy mill, run as many through as possible as quick as they can.
My husband and I were at a very modest 23% LTV when we bought this house, we were not overextended and we certainly were not speculating. We purchased the home with every intention of raising our children from babies to college here and I am still hoping that can happen.
Does anyone know how to find out who actually controls the money that was used to buy my house?

[landsend]

Success!! After all this time we have had success with our modification. I would like to thank loansafe.org for all the helpful information, without it I am sure I would not have been able to get this settled so positively. I just received a UPS packet in the mail a couple days ago with the first words being "We are pleased to inform you..." our modification was approved. They gave us a FIXED (wow) rate of 5% on a 30 year note. All fees were lumped into principal balance, including lawyers, but whatever. They also dated from original loan date which is nice that I don't start over on 30 years only 27 to go. We are so happy and relieved that we can quit worrying about losing our family's home and get on with the more important parts of life. This took a long time, so if you're waiting for an answer hang in there. I spoke with only three different people after using this site and each one would tell me that they would get back to me in a few days which every time turned into 3 to 4 weeks. I don't think they were in any way blowing me off, I really just think they are amazingly busy right now and doing the best they can to get to each of our files. Again, thanks for all the help. Good Luck to Everyone.