Citimortgage & NACA - Don't know if Citi is messing with my head.

SoCalTrying

LoanSafe Member
Apr 30, 2010
9
0
1
My story isn't new here....

I was not subprime. I had high income and put 20% down.

I was current until June of 2009 and my FICO score was over 800. But my income was severely reduced due to my job situation starting in early 2008 and my savings was depleting heavily. In June I applied for HAMP and was pre-approved over the phone for a "3 month trial period," sent in all the paperwork to the tee, made payments diligently every month on time and in full. But learned in December, six months into this "3 month trial period," that I was DENIED HAMP for unknown reasons. I then owed all payments due since last June (they didn't take into account the $5000+ I was paying under the "trial period") and went into an emotional tailspin.

Fortunately I got a new higher-paying job in March. But the income is still below levels it was when I got the loan in 2005.

I began working with NACA in March. As my new higher-paying job started in March, I had to wait 2 weeks to collect 4 weeks of paystubs of my new job to be able to submit a proposal to Citimortgage. In mid-April, I didn't want to wait for the formal submission process to start so I traveled across the country to a NACA Save The Dream event, waited in line many many hours, met with a NACA rep who put together a proposal package and submitted the proposal to Citimortgage with all of my docs, and then walked over to the Citimortgage tables with Citimortgag reps to get a response. Although it was only about 30 feet, it was the longest walk of my life.

The nice Citimortgage rep gave me a counter proposal for a traditional modification. After some negotiation with the help of a NACA rep, the Citimortgage rep offered me terms that I found favorable. It was a good long term solution. :) I accepted. On the terms sheet I was handed, the Citimorgage rep wrote in block letters "REQUIRES FINAL REVIEW/UNDERWRITING."

(I won't go into term details now because I don't know if this is solid. See below.)

So now I'm waiting for Citimortgage to give final approval. Thanks to this board, I called the Citimortgage number that had somebody who specifically dealt with NACA-related work-outs. The person told me they have record of the event and proposal and said it was into the "review process" and that I should call in 2 weeks for an update. She told me the name of the Citimortgage rep in Frederick, Maryland who had my NACA case and their phone number (I'll call him ZT here). Three weeks later I called that number and left a message with ZT. That was two days ago and no returned call so far.

But last week I got notice of something odd... A letter told me that effective this week that my servicer will no longer be Citimortgage. :confused: It will be Acqura Loan Services. I've never heard of this company.

Does them mean the same restructuring worked with NACA is being transferred to Acqura? Nobody I can get on the phone at Citi has been able to give me an answer. I left another message with ZT and still no answer.

And yes, I emailed the CEO and two other executives at Citimortgage attempting to ensure the restructuring is going ahead and that only got me a form letter from the Executive Response Team saying they received my email.

So that's where I stand now. It's been 5 weeks since I agreed to the proposal by the Citimortgage rep at the NACA event. I'm extremely nervous. I had a false sense of security last year with HAMP and got burned. I don't know if I can handle another let-down. The difference this time, unlike the HAMP situation last June, is Citimortgage had all of my financial information and documentation BEFORE making a proposal to me. I'm working, making good money and can live with the terms of the proposal comfortably. By all logic this should go through. But I'm still freaking out.

(Sorry for the length and thank you for reading.)
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,799
456
1,000
48
Southern California
www.loansafe.org
Welcome to the forum! No, you story is not new, but thanks for sharing it with the community. The more people who do share, will help the others who don't.

Unfortunately, now that your loan has been transferred, it may screw this whole process up. What happens is that the other servicer bought the loan or rights to servicing it, and now they will handle the mortgage and any loan modifications. When they purchase the loan pool, the loans will stay the same as when they bough them. Hence, they stop all loan workouts in order not to confuse the new servicer and keep accounting balanced.

You will most likely have to do this all over again. I hate to be the bearer of bad news, but I'd rather you mentally prepare now and get ready. Rather than hoping for something that probably will never happen.
 

SoCalTrying

LoanSafe Member
Apr 30, 2010
9
0
1
Thank you for the response, Moe. I know it might be a possibility that the left hand at Citi didn't know what the right was doing. It will be what it will be. If it needs to start again, at least I know what I'm in for and what exactly needs to be done.

I'll keep updating when there's anything to report.
 

CMI2010

LoanSafe Member
Apr 14, 2010
86
0
0
Thank you for sharing your experience with CitiMortgage and NACA.
I also have CMI as lender and Fannie Mae as investor.
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,799
456
1,000
48
Southern California
www.loansafe.org
My pleasure SoCal and I look forward to an update.

CMI -Thanks for saying thanks to SoCal. It helps us all when everyone is gracious and thankful during these stressful times :)
 

CMI2010

LoanSafe Member
Apr 14, 2010
86
0
0
You're welcome Moe B.

My journey just begin today. Always hope for better at the end of 3-month forbearance period :)
 

SoCalTrying

LoanSafe Member
Apr 30, 2010
9
0
1
Citi was messing with my head.

<link rel="File-List" href="file:///Users/eriks/Library/Preferences/Microsoft/Clipboard/msoclip1/01/clip_clip_filelist.xml"> <!--[if gte mso 9]><xml> <w:WordDocument> <w:Zoom>0</w:Zoom> <w:DisplayHorizontalDrawingGridEvery>0</w:DisplayHorizontalDrawingGridEvery> <w:DisplayVerticalDrawingGridEvery>0</w:DisplayVerticalDrawingGridEvery> <w:UseMarginsForDrawingGridOrigin/> </w:WordDocument> </xml><![endif]--> <style> <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:Times;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --> </style> <!--StartFragment--> So here’s what I’ve learned. Acqura Loan Services voice mail describes themselves as a debt collection company. I’m assuming they paid pennies on the dollar for my mortgage. After receiving no paperwork from this company, I initiated contact and spoke with someone in the loss mitigation department. The man confirmed that the workout with Citimortgage/NACA was not on their records and that I would need to start the process all over again. That said, he was very encouraging to do a restructuring and even he suggested a reduction of principal might be in order. He said they do HAMP as well as traditional mods. He then asked me to send in all the typical paperwork (paystubs, bank statements, etc.). I told him that I’d feel more comfortable with a third party like NACA negotiating this and he seemed cool with that.<o>
</o><o></o>
This morning I spoke with a NACA negotiator who said they will initiate contact with Acqura and propose the same terms that Citimortgage proposed to me in April. They said to give them 14 days before I call them for an update.<o>
</o><o></o>
So there you have it. The journey continues. I’ll keep updating when there’s something to report.<o></o>
<!--EndFragment-->
 

SoCalTrying

LoanSafe Member
Apr 30, 2010
9
0
1
It's been a while since I updated, really because there had been a lot of running in place and frustration. Here's how this has gone down over the summer.

USBank is apparently the new owner of the loan according to one documents I've received and Acqura Loan Services is simply one of those lacky companies filled with loan goons trying to squeeze as much out of a lender as possible before they foreclose.

As mentioned above in this thread, the Citimortage/NACA workout didn't get transferred to Acqura when the latter became the servicer. I had to start all over again to try to get a mod. NACA has pretty much abandoned me as Acqura (or USBank) is not contracted with them. Acqura said I can try for a loan mod with them. After sending in all the loan mod documentation that we're all familiar with (hardship affidavits, banks statements, etc.), they finally got back to me last week....

DENIED. Like you didn't see that one coming.

Once again it was denied for unknown reasons. I later got an Acqura agent on the line who informed me that the loan owner instructed Acqura not to give a mod on this account unless I paid half of what's in default, about $13,000, and MAYBE they'll give me a mod. I asked if I could have it in writing that they would give me a mod if I paid the 13 grand. "We don't do that." Are you fricken kidding me? A bank doesn't give financial terms in writing? Liars. Liars. Liars. They just want to collect. I won't fall for it.

Unless these snakes have an incredible change of heart, looks like at some point in the near future my home will belong to them. Why they would want my property instead of making a deal with me is beyond comprehension.
 

Stepht3

LoanSafe Member
Mar 6, 2010
5
0
0
My story is like yours. They are liars!! I was denied for the Hamp because my investor didnt participate. Then processed for the traditional and denied for unknown reasons. Wrote to VP, and exec response team tells me I have to resubmit my info to find out why my investor denied me. So, I called my investor-RBC Centura (now RBC USA bank) and spoke to loss mitigation and they dont have ANY record of me. They want me to fax a letter from Citi that states my investor-RBC has denied my request and also wants the name of Citi's contact at RBC. Of course, Citi cannot give me that information. Do they even listen to themselves speak??? RBC states Citi is violating banking laws and I'm sure they are shaking in their boots! My credit bureau doesnt even have record of RBC, just Citimortgage. Hmmmm. Citi is a bunch of LIARS!!

I submitted info for the class action suit against Citimortgage -Milberg LLC. I had above 800 credit score and was never late or behind on payments going into this and during. But now I owe from the trial period and my credit shows im in default for that money owed. Now, that my income has increased, I no longer likely qualify for a loan mod (like that means anything anyways)! So, I now will have to figure out how to pay back what I owe, fix my credit and hope I can refinance down the line or something.

Its really awful what they are doing to people after they received their bailot by US!! I'm just lucky I have more options since my income has improved again. Most people cant say that and they are forced out of their homes after all this. Its a real shame, but I believe people will reap what they sow. They are in God's hands now. I wont deal with liars and cheaters if I can help it. I'm done!
<input id="gwProxy" type="hidden"><!--Session data--><input onclick="if(typeof(jsCall)=='function'){jsCall();}else{setTimeout('jsCall()',500);}" id="jsProxy" type="hidden">
 

SoCalTrying

LoanSafe Member
Apr 30, 2010
9
0
1
Update and Question

I was defeated. I short sold.

After the HAMP mod that got mysteriously denied after six months of payments, after a subsequent mod workout through NACA fizzled when Citi transferred my loan to this Acqura servicer right after a Citi official at a NACA event agreed to a mod and after that servicer again said I was denied a mod, my home was put on the market for a short sale. While it was good to not get the Notice of Default for several months, my credit was ruined.

I'll also add that I paid my property taxes for a year after I started the HAMP trial mod. I wasn't aware that since I was technically in default (or in default at all for that matter), Citi actually pays my property tax. In my case, they tried to pay after I paid, but they were refunded by the county tax assessor. That's over $5,000 I paid that I didn't have to.

I signed up for class action against Citi for their HAMP fraud...


... but I expect this to take years to get anywhere and probably will only get a check for a few hundred dollars after all is said and done.

My question is how to I find an attorney to talk to about pursing a case against Citi individually? Is there a good web resource, perhaps here at loansafe for attorneys that specialized in this kind of thing? I'm in the Los Angeles area.

Thanks for reading.
 

Cat Damiano

Mortgage Wars
Sep 10, 2007
10,541
39
48
Colorado
www.loansafe.org

SoCalTrying

LoanSafe Member
Apr 30, 2010
9
0
1
Thanks, Cat. Didn't think there would be an actual lawyer referral, but I didn't even know where to start to look.
 

cgpjs

LoanSafe Member
Sep 9, 2010
137
0
16
Update and Question

I was defeated. I short sold.

After the HAMP mod that got mysteriously denied after six months of payments, after a subsequent mod workout through NACA fizzled when Citi transferred my loan to this Acqura servicer right after a Citi official at a NACA event agreed to a mod and after that servicer again said I was denied a mod, my home was put on the market for a short sale. While it was good to not get the Notice of Default for several months, my credit was ruined.

I'll also add that I paid my property taxes for a year after I started the HAMP trial mod. I wasn't aware that since I was technically in default (or in default at all for that matter), Citi actually pays my property tax. In my case, they tried to pay after I paid, but they were refunded by the county tax assessor. That's over $5,000 I paid that I didn't have to.

I signed up for class action against Citi for their HAMP fraud...


... but I expect this to take years to get anywhere and probably will only get a check for a few hundred dollars after all is said and done.

My question is how to I find an attorney to talk to about pursing a case against Citi individually? Is there a good web resource, perhaps here at loansafe for attorneys that specialized in this kind of thing? I'm in the Los Angeles area.

Thanks for reading.
It makes my heart hurt to read your story. I come to this forum for inspiration and ideas, and at times am overwhelmed with sadness at what's being perpetrated. Well, here's hoping you find a good attorney...
 

Jrm1070

LoanSafe Member
Mar 23, 2009
13
0
0
Why did you give up? I am still fighting this same, word for word,step for step, process you just described...

SoCal,If you look up my last post, it is just like yours. I had a Citi loan mod, like everyone else due to the financial conditions at the time. I did a "trial loan mod" with Citi....did 3 payments like they requested and set up, and once my last payment cleared the bank, I get a letter from Citi saying that my loan was sold to Acqura. I get ahead of the game, call Acqura, fax proof that I just paid 3 months of loan mods with Citi, and they do the same thing, I submit everything, they agree to do a "trial mod" also......well that 3 month period LASTED 12 MONTHS.....then, once my Insurance agent ask me why my homeowners hasnt been sent by the lender, I request info from Acqura...they in turn, demand proof of Homeowners insurance, which I tell them they have the money in escrow and it needs to be paid, they then DENY the loan mod due to not having proof of current Homeowners ins??? I told her if this is some kind of joke? I call you guys to pay the homeowners insurance, and you DENY my Mod because you refuse to take funds from Escrow?... and a week later I get a letter from US Bank, the owner of the Mortgage, saying I will be going into foreclosure for non-payment of the mortgage. So basically, long story short, I see that I cant deal with these clowns, and get an Atty who deals in this kind of slimy world of mortgage lending. He gets the Foreclosure postponed for the next 6 months at the same time every month(US Bank has a computer that generates Foreclosure letters), tells me to save my cash as if I am making the trial payments, and he would take the lead in getting this loan mod worked out. He thens gets a confession from Acqura that they "dropped the ball and the loan mod should have been done months ago, and someone in the Insurance dept was confused when they dropped me from the HAMP", even with that admission in writing, US Bank relentlessly pursues me every month with foreclosure letters from their attys. My atty then files a formal complaint with the court system and to me, it just pissed off US Bank more. We filed the complaint 3 weeks before US Bank said they would go ahead with the foreclosure sale, which they did, and now we are waiting to go to court to basically sue them for Fraud and Deceitful lending practices, pain and suffering, mental anguish,etc, etc, since I have had 3 ulcers since this whole thing started. All because someone became incompetent in how they did their business and let my loan mod basically go on auto-pilot for 12 months. Heres the kicker----------Us Bank's attorneys offered us a "take it or leave it" deal--pay back the $10k in arrears and they "would think about a Loan Mod" and we said "Ok, no problem, where do we sign and can we get it in writing and where do you want the cashiers check sent to?" and they said "We will give this info to our investors and call you back"..... when we didnt hear from them, and then got the NEXT letter of foreclosure, we then called their Attys and they told us "Deal is off the table,they wish to proceed with the foreclosure" and then THAT's when my atty got pretty much hot under the collar and told me we were then gonna file a "formal complaint" with the court before they filed the foreclosure, then sue them for pretty much being idiots for not reading the A) complaint and B) the admission of one of their loan services,Acqura, admitted in WRITING that they dropped the ball 9 MONTHS AGO on the HAMP Mod and will probably face a fine, and now, a lawsuit in Alabama in one of the courts who routinely awards large lawsuit awards to consumers who have been done wrong...so thats where we are...Formal Complaint with the courts was filed a month ago, then we get a letter saying that the house had been sold at the foreclosure sale to US Bank....now the dance of the litigation begins, I guess we are waiting on a court to schedule a hearing for the complaint. I dont know why US Bank is trying to get the house, other than the fact we arent underwater....If anyone knows why a bank would pursue this matter even with admission of wrongdoing, please fill me in....All I wanted was a "Loan Mod" that I had paid like clockwork, first for 4 months with Citimortgage, then 12 MONTHS with Acqura, before all of this BS started....and thats 16 payments of PERFECT Loan Mod payments....
 

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
3
0
Twin Cities, MN
Hi Jrm:

If anyone knows why a bank would pursue this matter even with admission of wrongdoing, please fill me in.
Answer: They do it because they think they can get away with it. They often do. And I hope you make them pay and pay and pay.

As the 'investor' of the loan, they hope to collect on the loss-sharing agreements put in place (Thank you, American Tax-Payers!) to protect the poor, innocent banks who have been so abused by those rotten homeowners who don't pay their mortgages.

We already know that loan servicers get paid a lot more money for foreclosure activities than for modifying loans. All the incentives are geared towards foreclosures; and the beauty of it is that the cost of those incentives are paid from (drum roll, please) : The proceeds of the foreclosure sale! If you are not underwater, all the better. Then they KNOW there is enough ready cash to pay everyone promptly.

And should you live in a recourse state, they will just come after you for any deficiency. You will be personally served with the lawsuit at your rental premises, RV, tent or cave; because you won't be living in your house: you have already been evicted.

The whole point of the exercise is to frighten you, wear you down, and then take your house. (Imagine if you had been far behind on the payments..) Most people are out of money, horrified at the situation, and can't or don't fight back. When that happens, the foreclosure process is pain-free and remarkably profitable for the Banks.

Even with outrageous facts like yours, the Banks get so used to bull-dozing these things through that probably no one has bothered to independently verify the facts stated in the foreclosure affidavits (also known as robo-signing) or even read your pleadings.

For your Court appearance, I write the script like this:

US Bank Attorney: (with suitable mixture of righteous indignation and crocodile smile)

"We had no choice in this matter. A homeowner who doesn't pay must be foreclosed upon. We gave him every chance to pay, and he simply refused. He wouldn't even pay the homeowner's insurance as required by the mortgage. Right here is all the accounting from our servicers that prove he is simply a deadbeat who wanted to live there for free. We didn't want to foreclose your honor, but we must protect our investors."



JRM's Attorney: (presents the case forcefully, with many documents proving the bad faith of the bank.)

US Bank Attorney: (feigning surprise)


"What? You say you've paid? Oh, my goodness! We didn't realize that! Those naughty servicers must not have told us! We are soooo sorry. Naturally we will modify your loan, good sir, with our compliments! And of course, you will dismiss your lawsuit, won't you? Because after all, we will modify you now; and we ARE sorry this happened. Any damages you suffered were clearly the fault of SOG (some other guy)"

"We can't be punished for their failure to follow the HAMP Guidelines. And after all, now that we are modifying the loan and not foreclosing on you, your damages are truly de minimis. What a shame we didn't know about this beforehand..."



Well, you get the idea.

And if you hadn't fought back? You would quite simply, have lost your home.

I'm sure your attorney will demand costs, fees and bad faith sanctions. Given the facts of your case, I certainly hope your award exceeds the demand.

Best Wishes,

Tarin

ps: I do hope you will come back and let us know what happens.
 

Jrm1070

LoanSafe Member
Mar 23, 2009
13
0
0
Tarin,
Thanks for the reply! Here is the update as of today. To bring you up to speed, my attorney contacted me today and said that US Banks loan servicer, Acqura, called him with a preliminary offer of rescinding the foreclosure, pulling back all the late fees charged in error, refunding all the money I have paid to have homeowners insurance outside of the escrow acct they were supposed to have for taxes and insurance, and my attorneys fees. I guess they want to avoid going to trial, so I said that sounds all well and good, let me think about the past 12-16 months of embarrassment of having US Bank have my name in the paper and having a foreclosure sale postponed 11 times, then having them disregard the complaint he filed and them going ahead with the sale at their own peril. I told him if they want to settle out of court, how much cash are they willing to part with to put a smile on my wifes face that has vanished ever since she has been so embarrassed to go outside in the neighborhood and go to church while everyone knows your business and that your house is in foreclosure due to the banks incompetence? Never mind the cost of Xanax for stress and ulcer drugs and the stress on the family? He said he would call me back but it looks like they are caving in on this game of high stakes chicken....then, believe it or not, I get a realtor at my door at 6pm, live and in person. She gave me her card, and simply introduced herself as the "realtor that handles foreclosure sales" and if I knew or not that my house has been sold to US Bank in a foreclosure proceeding? And she was there to offer me money to move out on Feb 8th, and not to take no as an answer? I then gave her the card of my attorney and told her to call him with any questions she may have,and that I was not moving out, and he would bring her up to speed. She then, like on a script of a *****, said that I should give her a number, a money amount, that it would take to leave the banks house in good condition, that it was very important that it be in good condition. I told her to hang on, and yelled at my wife
"Honey, how much money will it take to move outta her by the 8th of Feb?" My wife, without missing a beat said "50k outta do it" I then thanked her for her time, but also informed her that this foreclosure was done in error, and it had been dismissed about 12 times prior, and even after my atty filed a formal complaint on the state and fed level, US Bank went thru with the sale, and will pay dearly for it. I asked her who is pulling her strings, and she said it was Green River Capital that was doing the "Eviction" servicing for US Bank, and she gave me the name and number of the contact person who was telling her where to go and who to see. I told her, thanks for her offer, but I decline and told her to tell her boss to contact my atty whose name is on the card. I then sent off an email to my atty and he will get it in the morning. Follow me here, but it seems that US BANK is working both sides toward the middle....They ignore the complaint that was filed by my attorney in hopes that I would cave in, then, it seems once they realize I have a case, they are gonna offer some sort of "LOAN MOD" and admission of error, all the while DRAGGING THEIR FEET, while the other hand, the "EVICTION" process is in full roar, seemingly to throw me out of the house, even though they are in the wrong,, and simply ask for forgiveness later, hoping that all the stress and atty fees will bleed me dry to where I give up? It looks like they can take all the time they want while pretending to be "working on a settlement" and I am sure the foreclosure/eviction process has a pretty tight timeline? Am I missing anything here? what can my atty do to speed this up as far as stopping some random sheriff from trying to lock me out of the house in a process that I shouldnt be going thru? I have a house full of kids, 3, ages 7,4,2 and all of our stuff, and if this goes down like I think they are trying to make it go down, I will go to jail before anyone tries to trespass on my property that was sold illegally.....I just want some straight forward advice....is this a next level move on their part, or are they just gonna beg for forgiveness instead of permission? right now, I would love to take them to court, especially after they flat out ignored the complaint, and I am sure that is illegal too. Any ideas of what to expect or what I should do? I want them to pay thru the nose, but its my understanding that they just want to modify the loan minus late fees and not pay any other monetary relief? Now it seems Im up against the eviction process BY DESIGN.....this is the most diabolical plot I have ever been involved with.....Please help.. I am in Alabama and I dont know if calling a senator or congressman even matters anymore....
 

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
3
0
Twin Cities, MN
A familiar Story...

Hi JRM:

Wow! I want to say it is unbelievable; except it sounds too familiar.

First of all, try to breathe.

I am so sorry you are up against this; but you are very well positioned to make them sorry for it.

Not to give the bank the benefit of the doubt (I would NEVER) but my 'script' is likely true. The legal department is not communicating with the Cash for Keys/Realtor side. They are each going on about their business without a care in the world - and it is the fault of LEGAL for letting it happen.

More to follow....

Tarin
 

Jrm1070

LoanSafe Member
Mar 23, 2009
13
0
0
Tarin,
Thanks! I just wanna know if there is any precedent for this type of behavior? I wanna know if anyone has fought this and won, and if they won, what did they get? And was it worth it? I dont see how any of this crap is REMOTELY legal, and what shocks me more is how MANY PEOPLE HERE GIVE UP SO SOON WHEN THE BOOGIE MAN GOES "BOO!" and they short sale and cave in so easily. Trust me, GETTING AN ATTY IS THE BEST INVESTMENT YOU CAN HAVE----YOU WILL GET YOUR MONEY BACK--THEY CAVE IN, THEY PAY HIS BILL..As much as I would love for this nightmare to be over, I really really want to go to trial.....my life has been a living hell, and Id like to make them start paying attention....US Bank....I pray there is special corner in Hades for these people....
 

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
3
0
Twin Cities, MN
Hi again JRM:

When you get to talk to your attorney tomorrow, ask if there is a Redemption period in AL., and what that means to you. Do you know the timeline for litigation in your County? It is another legal expense, but I would surely be tempted to talk about a Temporary Restraining Order to toll any statute of limitations and prevent any eviction proceedings pending the outcome at trial, if you are likely to run up against any tight timelines. Since you are represented, your attorney can best advise you.

(In case you didn't know it, the banks try to 'pay you off' with the Cash for Keys offers to keep from having to evict you, and in hopes you wouldn't trash the place when you leave. Of course, this all assumes a legal foreclosure action!)

Your case is so egregious that I don't blame you for not wanting to just let them off with a loan mod! The Realtor showing up at your door is just the last straw. It is easy to see this as further deliberate disregard for your property rights, and attempts at stealing your home. You said it: You aren't under water!! Might they make a tidy profit from the foreclosure? It is a travesty.

If you have not already done so, you should file complaints with your State Attorney General, and the new Federal Consumer Financial Protection Bureau. The Servicer is richly deserving of sanctions for this behavior, and the Bank for compounding it. I don't know if it will help to contact your Congressional Reps, but it can't hurt. You have a great 'story' because it is all the fault of the Servicers and the Bank. Any politician should be glad to grab this story in an election year!!

Best of Luck to you, and please keep us posted.

Tarin

ps: I lived in Clayhatchee, AL in the mid 1980s. Nothing to do there but watch the Texaco sign rust. Nice people, though.