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Almost 3 years in and no foreclosure notice!

Discussion in 'Bank of America Mortgage Help' started by lesliec, Apr 19, 2011.

  1. lesliec

    lesliec LoanSafe Member

    Hi all..This is a Countrywide originated loan..an investment property however my sister and her family live there. They stopped making payments due to job loss in Oct 2008 and had an atty try to get a loan mod which of course was denied twice.. to date they have still not served us with a foreclosure notice, I even checked public records in case they screwed up. When they called me I told them they havent yet served me (we live in FL that is the only way for them to begin the process) they tell me to "call their atty" , I took the info and left a msg with their atty's office and no response. That was 6+ months ago...I give up. Its very unsettling that this is dragging on this long but not sure what else I can do?
  2. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    Just stay in the house rent free. Put most of the unused stuff in storage, then when you have to leave you can leave within a few days.
  3. IML82

    IML82 LoanSafe Member

    Im in the same boat. Not sure why we get no phone calls just a statement in the mail. Considering getting an attorney as I have always felt it was a bad loan and their not acting on it makes me wonder even more. We had tried modifying a couple of times with no success. Not sure what we are going to do.
  4. ChaseIt

    ChaseIt LoanSafe Member

    Hi lesliec,

    I have heard that there may be problems with the chain of title with the Countrywide loans that got taken over by BofA. After the robo-signing scandal in Florida at the end of last year and all the fraudulent documents that were used I think the banks are being very cautious now about filing foreclosures unless they have all the legally required documents. Have you checked on your local county records to see if your mortgage was resold and if there is a MERS document in the chain of ownership. This could present a problem. Maybe they don't have the original note. When so many loans were taken over by B of A from Countrywide, well anything could have happened to your paperwork.
    Are you still getting monthly statements from them? IF not then they could possibly have lost your paperwork - just a thought. Have you had any communication about property taxes or homeowners insurance. Was this escrowed with your payment?
  5. jaimagad

    jaimagad LoanSafe Member

    I am in the same situation and it has been 2 yrs.
    We can't come to an agreement on the modification terms.
    I was denied a HAMP
    Now they are pushing me to do a short sale.
    My bank keeps telling me I am in foreclosure and they say they have scheduled several sale dates but keep pushing them back.
    I have never received any notice of foreclosure.
    I even called the clerk of the court and they too said nope it isn't in foreclosure and they are required to file with them so I would be
    notified.
    I have just thought it was taking so long since we have been talking to them and wanting to try and work something out.
    But, I am not sure we haven't received any more statements from them in the mail.
    They do pay taxes and insurance.
    I don't know rather to try the short sale or just let them start foreclosure procedures.
  6. lesliec

    lesliec LoanSafe Member

    I agree it probably is something like that, I did see in the public records some type of transfer recorded to BOA but there still could be other issues. I havent rec'd a statement from them in prob 6 or so months now. There was no escrow acct, my sis lives there and has been paying the taxes and insurance.
  7. lesliec

    lesliec LoanSafe Member

    Thats what they told me too in my last conversation with them, that we are in foreclosure but no sale date yet. I told them of course there can't be a sale date you haven't even served me notice!! The reps are clueless they dont realize that laws vary from state to state and I told the rep they MUST serve to start the process, then they give me their atty info and I should call them, round and round!!
    I'm not pursuing short sale yes as my atty said if by the 5 yrs they dont serve (almost 3 yrs now) there is something he can file with the court to get the mortgage released?!
  8. POinCFL

    POinCFL LoanSafe Member

    What is the hurry - besides it is eating at your credit. Rent free except taxes and insruance. Hire an attorney and sue them for Quiet Title. They have a reason why they haven't done anything yet, perhaps they have something to hide - hmmmmm- Bank of America trying to cover up something shady in a mortgage file, tell me it isn't so. Could be the home value, could be they don't have actual right to sue. You said Florida, there is a good chance one of the Foreclosure Mills like David Stern or Ben Ezra has your file and it's in limbo. Send them a QWR requesting information and see that happens. IF they have already filed the complaint, and maybe you didn't get served I think you can move for dismissal for lack of prosecution if enough time has gone by. (I think - I am not an attorney) I am all for hlping yourself and believe that homeowners can be succesful on their own if they have the time and do the research. But a few hundred bucks to talk to an attorney is usually money well spent. Just be sure to gather as much information as you can find, organize it, make a list of questions, etc. first.
  9. lesliec

    lesliec LoanSafe Member

    Yes, we spk to an atty said he can move for dismissal after the 5 yr mark, he was trying to get a loan mod but was denied twice and then it just fell into limbo the for past year
  10. jaimagad

    jaimagad LoanSafe Member

    I am in FL also and you are right the reps apparently don't know the laws differ from state to state.
    When I told them I was not in foreclosure they said I am looking at the papers right here so I asked for them to send them to me and nobody ever did.
    They are also charging me over $5000 in lawyer and court cost if I try and do a modification although a lawyer may have the file but it has never been to the court so why in the world am I responsible for that much money in lawyer fees and court costs?
    The only response I have gotten is well, we don't question the lawyer we just pay it and it is what it is!
    One tried telling me it was in foreclosure and we would be notified when it sold.
    They really don't about the laws or are just trying to scare us.

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