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  1. #1
    Junior Member Colfax84's Avatar
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    Sep 2010
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    Need Advice ASAP, Sale Date Sept. 21

    We were on a three month Hamp trial, started in June, comepleted the payments as scheduled. Around August 10 received letter from ASC Wells said we were were denied HAMP because all documentation wasn't received in time. called them for specifics was told they didn't receive our 2009 tax return in time frame required, we had an extention and didn't even file until september 2. I was told the negotiator said not to re-consider us for Hamp in the notes.? they never requested the 2009 return during the trial period.

    Our HUD counselor called them for us Thursday they were refusing to acknowledge they made an mistake for disqualifying us for not submitting our 2009 return in time, and just said they would refer it to the attorney. We are at wits end, now realize I should have been more proactive but only found this forum yesterday. How do we get this trustee sale date postponed, counselor doesn't believe they followed guidelines,but she says they wouldn't budge, telling her, they had all the documentation referred it to the attorney who is the one authorized to postpone the sale? are they lying to us? Is there any thing we can do? thanks to all, nice to know were not alone.

  2. #2
    LoanSafe Guide Evan Bedard's Avatar
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    Aug 2007
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    San Diego, California
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    16,070
    Welcome and thanks for joining.

    Wow I'm very sorry to hear they made up an excuse to deny your case. Pretty much all lenders have been doing this when it comes to HAMP. They are denying others left and right for any reason they choose, whether it be not turning in the required paperwork or the lender simply miscalculated their income. One problem with HAMP is that the program is only voluntary so lenders are not forced to abide by the guidelines.

    It will be very difficult to stop a sale scheduled for tomorrow. However, if you can get someones attention who is actually willing to help it may be possible. Here try emailing everyone on this list to explain to them what has happened and request the sale date to be stopped while they finish up your account.

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  3. #3
    Senior Member cyhmk's Avatar
    Join Date
    Aug 2010
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    53
    I emailed the Office of President at Bank of America the night before my sale date and they did successfully postpone the sale date. They called me the next morning and after speaking with me they agreed to put in a request to FNMA (who owns my loan). My sale time was 1:00pm and I got a call at 1:25pm from the person I had spoken with at BofA earlier that day, stating the sale had been postponed. Once I knew the request to postpone had at least been put in (before I knew FNMA would ultimately approve it) I called my sheriff's dept to give them the heads up that my sale may be stopped. After I got the call from BofA, I spoke with the sheriff's dept again to confirm that they had not sold my home.

    In your email you can briefly explain you were denied the mod for an invalid reason and you are appealing their decision. Give them the info about your tax situation so they know you have a valid explanation. In my email's Subject section, I wrote something like, "STOP FORECLOSURE SALE SCHEDULED FOR TOMORROW (date) AT (time). This apparently got their attention, as I knew there was no time for delay. Copy your email to all others that you think may be able to help.

    Best of luck to you!!!!

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