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Wachovia Trustee Sale, HELP!

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by margi, Sep 21, 2010.

  1. margi

    margi LoanSafe Member

    I'm writing this hoping that someone can help. My mother, unfortunately, got into a Pick a Pay loan in 06. She defaulted on the loan when my sister passed away due to funeral costs. Shortly after, she lost her job and had to have major surgery. Before the surgery, she signed the house over to me, but the mortgage is still in her name.

    We paid the reinstatement fee, but it was "mistakenly" placed in a suspended acct. They did acknowledge that they had made a mistake, but said that they would like to offer a MAP. She qualified, but were pre approved and then denied several times. They never reported the payment that was made to the credit bureau, but accepted 2 payments, before starting to send them back.

    In Jan. of this yr, she called and was told that she would be receiving a call about the HAMP program. She asked about the funds that they had in the suspense acct, and they said they have no record of that. Then she was transferred to the dispute dept. who told her to send a request for information, which she did. They told her not to apply for the HAMP, until they resolved the dispute, which they said would take about 60 days.

    Around that time, and AFTER she received her NOD, she began receiving letters from title companies showing substitution trustee's, 3 of them. The first one had been recorded and notarized in Dec. in Minnesota transferring title to Deutsch Bank, but the mortgage was originated in 1999, but not recorded until 2009...so I called and they wouldn't speak to me. Then received a Sub. Trustee letter, notarized in Washington State and TX, naming the current Trustee from Utah who is now selling the home. We live in Utah, so none of this seems right to me.

    She received a letter notifying her that there would be a Trustee's Sale on Sept. 27th. She has been calling, but finally asked for my help, as she was simply doing what they asked, and now they were telling her that there was nothing she could do to save the home. I spoke to the Office of the President who told me that they had a policy of not postponing the sell dates, but that under these circumstances they would make an exception. Then I was tranferred to the foreclosure dept. where a very rude man named Juan told me that this loan was not eligible for escalation. I asked to speak to the woman in OOP's office again and he refused. I then said that I would be filing for CH 13, and he said that wouldn't help. They would still take the house, and just waste time.

    I am just wondering if there is anything I can do. I feel as though they are taking advantage of my mother because she is a trusting person, but is also eldery and disabled. She tried to handle this herself, but they have done nothing but string her along. She really has no debt other than this home, which is only worth about 203,000. She owes 172,000.

    She is also renting out the basement, so there is a valid lease agreement, in place. The amount they want to reinstate the loan is nowhere near anything we could pay right now, and is almost double what the back payments would be. She was never given a chance to qualify fo a HAMP, and I feel like they are trying to steal her home as it is NOT underwater. I qualify for legal aid, but with the clock ticking, 5 days now, is there really anything I can do?

    Any advice would be great!
  2. Evan Bedard

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

    Welcome and thanks for joining.

    I'm so sorry to hear they have been taking advantage of your mother like this for such a long time even though she actually reinstated the loan. This is just ridiculous and darn right cruel! The OOP is lying when they say they do not postpone sale dates because they do it for other people ALL the time while pursuing a loan modification.

    You need to make a complaint to everyone you possibly can to get your voice heard and try to get this sale date stopped so you can work something out. Here is a list of contacts you can use and i would also contact the OCC and your state's Attorney General as well.


    Barbara J. Desoer
    President Home Loans and Insurance
    Bank of America
    100 North Tryon St.
    Charlotte, NC 28255



    Patricia Barbosa - 818-713-2886
    Assistant Vice President Office of President at Bank of America:
    Call Patricia Barbosa if you want to complain about your loan modification process. She is a CEO in charge of home modifications.

    BofA CEO email:
  3. margi

    margi LoanSafe Member

    Thanks for the response, and the info. Unfortunately, her mortgage is through Wachovia, not BofA.

    But in scouring this forum, I also found that the Sub of Trustee was signed by Scott Walter, of LPA. Apparently, they are under investigation for fraud. I plan on calling the AG tomorrow as I have all the docs right here. Don't know if it will help, but I just plan on holding these people to their word. She also never received a NOD...wonder if I can stop them on a technicality...

    Thanks so much!
  4. tryinmybest

    tryinmybest Guest

    If you want to keep the house call an attorney asap. Call several. You'll see what they can and can not offer you.

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