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First horizon nightmare in California

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by Hardnochs, Sep 23, 2010.

  1. Hardnochs

    Hardnochs LoanSafe Member

    I'm new here, but not to the game. We have been working on a modification since sept 2009. We purchased our home in 2005, and ... Well you know the drill, 1st with first horizon/met life for 700,000.00 and a second for 245,000.00!!! I know, right!

    We completed our 90 day trial period in May 2010. At which point we were told to wait, on what to do with the June payment, the lender would contact me and/or I could start making the regular payments again and cure the default fees in the amount of $15k, they also informed me that we could still be denied, at which point We decided that we were going to stop paying both the 1st and 2nd. I mailed a letter to chase asking to settle the debt in lieu of my modi faction or chapter 13 may be an option.

    Fast forward to Sept 2010, we finally are going to be assigned to an underwriter, "don't send anything hr will contact you" We call every 7 days... Tick tock! Then, a letter comes in the mail stating that our account is turned over to a trustee for foreclosure!! (back dated to august 10) What? I get a letter a couple days later stating that our application was denied due to lack of response. Fhhl, makes up some story about contacting us and giving us a deadline for records of unknown origin, and denies all of our calls for weeks. I get a hold of several supervisors, and finally confirm the case is reopened. Then last week chase calls and offers us a settlement of 36k followed by a realtor requesting a inspection of the property. I'm thinking it's for fhhl, but I find out it is for chase.... I call my friends in the biz and find out a notice of default was recorded on 9/8.... This is 8 calendar days after my vague denial letter, and after the trustee confirms that the foreclosure is on hold until pending loss mitigation.

    So my questions are... And please don't kill me if this has been asked already.

    1. What is the story with Bill #sb 1275? From what I've read a a notice of compliance must me attached to the nod showing all communication efforts and a 30 day period must pass for me to respond to the bank before they can file a nod.

    2. Why does chase, who just offered to settle now want to a bov on the property?

    3. How do i get these grease bags to offer me my mitigation options before the property is ip for sale? To pack or not to pack, that is the question.

    Btw, I have not received the nod by mail or otherwise, but did confirm on county records it exists, and they show my first default month ironically March 1, 2010 (the first trial payment date which sat on the account un applied until 6/15 they applied all 3 trial payments to fees putting us 90 days in default)

    Does anyone know anything about a situation like this?

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