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Completed BoA Hafa Deed In-Lieu and now being sued!

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by hafanightmare, Mar 24, 2012.

  1. hafanightmare

    hafanightmare LoanSafe Member

    What a ride this has been. My wife and I have completed the Hafa Deed In-Lieu through Bank of America / AMS just a few weeks ago. Here is a 1000 foot summary of our process.

    • March 2011, we enter the Hafa Short Sale program through AMS/Bank of America.
    • 120 days pass, and the home did not sell.
    • In July 2011, we enter into the Hafa Deed In-lieu program with AMS/Bank of America.
    • In March of 2012, we get final word that the Hafa Deed in-lie was approved
    • We mail the keys, and signed the agreement, and attorney papers that stated they would wave the decencies (Cash for keys).
    Let me be clear, the above information may indicate that this process went smooth. I assure you, it was anything but smooth. I put a lot of calls into AMS and Bank of America throughout the period. I spoke with supervisors and wrote the president of AMS.

    To make a long story short, last week (the week of March 12th, 2012) my wife and I received our $3,000 for relocation assistance which was due for successfully completing the Hafa Deed in Lieu.

    Today, Saturday March 24th, 2012, the door bell rings. It is the mail man requesting signature for a certified package. In the package was a packet detailing Countrywide is filing suit against us for property foreclosure.

    What is interesting here is that we had Countrywide many years ago but Bank of America bough them out. For the last several years, we have been making our mortgage payments to Bank of America. Words can not even describe how upset we are that now we have a notice stating that Countrywide intends to bring forth a Civil Law suit against us.

    And to think we thought we were finally finished with the whole nightmare. Now we have to retain our lawyer yet again to fight this wrongful Civil suit brought on by Countrywide.

    If you were in our shoes, what would you do? How would you handle this? If a wrongful suit is filed against you, how can you get this off your record. I am in a high-profile consulting position that this surely will not look good when I have to work with customers that require background checks from me.

    I would be curios to hear your feedback if you were in our shoes. This surely will be dismissed because the left hand does not know what the right hand is doing but this is now public record listed as pending civil suit.
  2. gjoru

    gjoru LoanSafe Member

    Sounds like a scam... COuntrywide no longer exist and I don't thing BoA uses the name since they bought them out!
  3. hafanightmare

    hafanightmare LoanSafe Member

    I wish it were only a scam but I was able to verify with my lawyer that it is indeed a real civil suit. I also checked the county courts website since Kansas is an open records state and the civil suit shows up on the court web site as pending. What a joke this process has been. Regardless of this case being dismissed (which it will be), this now shows up on my wife and myself public record AND we have to pay our lawyer to fight this wrongful lawsuit that shouldn't have even occurred in the first place.
  4. iFrances

    iFrances LoanSafe Member

    The Freudian slip in your second paragraph says it all. Deed in "LIE" indeed.
    I'd try to include legal fees and clearing public records as part of your demands in a counter suit or in response to their lawsuit, but I'm not a lawyer, just thinking what I'd try.
    I'd be so furious. As if going through losing your home isn't bad enough!
  5. mcayanan

    mcayanan LoanSafe Member

    I went through the BofA HAFA DIL process as well. Did you check with the county to see if the DIL paperwork was actually filed and recorded? In my case, it was, and the records actually show me as a past owner of the property now. However, just recently, I called BofA to ask why my loan accounts are still being shown under my name and they all of a sudden say that they cannot talk about my account because its under litigation?!?! I never received any official package in the mail regarding me being sued so I have no idea what is going on....You mind letting us know exactly what Countrywide is coming after you for? If not, can you please update us as to the outcome of this suit? I'm thinking that it can be easily dismissed since you have all the paperwork that specifically states that they cannot come after you for a deficiency judgement.
  6. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Yes I agree with you, one of the main factors that comes along with an approved HAFA short sale or DIL is the fact that this prohibits the lender from pursuing a deficiency judgement against the borrower once the sale is finalized. As long as you have a copy of the agreement showing proof you indeed wen through the HAFA program you should be virtually "judgement proof."
  7. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    HafaNightmare - I'm very interested in hearing the outcome of your case, did they continue with the lawsuit or drop it because you went through the HAFA program?

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