Need a foreclosure defense attorney in Washington

#1
I need an attorney in WA. I don't have much money, but am slowly coming to realize that there is no help out there for people like me. I don't want to lose our house. Green Tree is apparently allowed to do what ever it wants and there appears to be nobody, and no agency willing to help. NW Justice project apparently does not get involved with civil lawsuits. WA state attorney general makes it very clear they are not here to help with individual complaints.

My original posts will be links at the bottom.

GT keeps changing the terms of the modifications, keeps changing the numbers, making new excuses for the adding to the balance and MHA help escalation team (They oversee the HAMP program for treasury dept) just keeps eating it up. MHA help team needs me to send them every document I reference numbers, and information from, but GT just tells them the days BS over the phone and MHA help take it as gospel even though it keeps changing and they keep getting proven wrong. The guy at MHA help pissed me off so bad today that I destroyed my phone because instead of telling him what I really thought I just threw it. He was unhappy that I was getting upset at his constantly talking over me, in his attempts to change the subject to interest rate cascade and stuff like that when that has nothing to do with my complaints.

CFPB is a joke. Almost two months after filing the complaint the only response they have received from GT was one sentence saying they need more time. CFPB is happy with that answer. I was also told by the last person I talked to there that CFPB is not there to represent the customer/victim in any of these cases. They are only there to document the claims. The victim will not be informed of any action taken (If any is) unless it is a public action like a lawsuit. Most claims will not result in any action at all. Only if a specific company receives enough of the same complaints will they consider taking any action at all. And again, unless it is a public legal action, they will not share with the victim.

Fair warning, Tom Eason said this of the post at the last link,
"You win the prize for having posted the longest missive ever seen on these boards." I was just trying to be detailed.

http://www.loansafe.org/forum/ask-a...ing-change-terms-modification.html#post500800

http://www.loansafe.org/forum/count...aying-games-hamp-modification.html#post500753
 

Evan Bedard

Call 1-800-779-4547
Loan Safe Mortgage
#2
Wow I'm sorry to hear you're still juggling back and forth with Green tree over the modification offer you received back in July. Unfortunately, there's not much the regulatory agencies can do to force the servicer to rectify your account, but often times a simple complaint/letter will help light a fire under their a$$.. GT has got to be the worst servicer (other than HSBC) to work with on a loan mod. Have you reached out to the Loan Mod Help Center to see if they can assist you with this and help get the original terms back in play? His firm also works closely with a foreclosure defense attorney who may be willing to take on your case, you can contact him directly:

(855) 678-6690

[email protected]
 
#3
Thanks Evan. I'll give them a call this week.

MHA Help has the power to force them to conduct these HAMP mods by the rules, and in fact that is supposed to be their job. I would have thought one of the rules would be requiring the use of legitimate, reasonably accurate figures and terms. One of GT's favorite excuses is they were unaware of the investor restrictions. How do you service a loan if you are unaware of the terms? How can you modify a loan if you are unaware of investor requirements?

So far we have 3 modifications since June. Gt still claims they don't know the investor restrictions. The first two mods were signed, and notarized by GT. The third I won't even consider. It has us paying for 36 more years, then owing more as a final payment (Between the deferred peincipal and balloon payment) than we owed as our principle balance in June before these mods took effect. GT and, MHA Help couldn't understand why I am not happy about it.

Anyways, thanks again Evan. Enjoy your weekend.
 

Evan Bedard

Call 1-800-779-4547
Loan Safe Mortgage
#4
One of GT's favorite excuses is they were unaware of the investor restrictions. How do you service a loan if you are unaware of the terms? How can you modify a loan if you are unaware of investor requirements?
I agree, GT comes up with ridiculous excuses to deny modifications and the first thing they should do is verify who the investor is and what can be done on the account based off that information. The MHA help team can be very knowledgeable and knows the ins and outs of HAMP, but they too have little power (if any) over your servicer and cannot force them to change the terms of the modification. Hopefully Michael and his team can help bring you some clarity and the terms you truly deserve!

Keep us posted!
 
#5
Hope you all had a good Christmas.

Just a quick update to the saga. Since the last post, MHA Help Team closed, then reopened the case after I was able the convince the supervisor to look at the documents in order, instead if skipping ahead to the latest statement and trying to convince me everything was good. The two account managers I talk to at GT got themselves into trouble rocking the boat on my behalf trying to get me some help as our account was in such bad shape at that point they couldn't even tell me what payment amount to make. I also convinced a manager in Loss Mitigation to take an interest and after asking for patience while he reviewed all the documents and eventually admitted they had been double billing and piling on all the past due amounts, escrow, unearned fees, etc onto the amounts they added with the other modifications. I even had a lawyer send a lengthy detailed QWR requesting documentation dating back to the loan origination. The result to date is two more modification offers (5 total now), the latest one including a corrected balance amount that is actually in the right neighborhood of what it should be, and the original lower payments are back. We'll wait a few days to make sure nothing else comes in the mail before signing and returning these. Then we'll keep our fingers crossed that this is the final time. If this all holds true then it might be the start of a better new year.

With that positive thought, here's hoping all of you a better and Happy New Year!
 

wheeldeal

LoanSafe Member
#6
I hate greentree too... Total scum and yes it seems they get away with whatever they want I had to file a chapter 13 just to shut them up It was so bad being called 3 times a day and told what a loser I was for not paying up. The screaming matches made me so stressed out. I cant believe my loan was sold by BOA to these pukes.
 
#8
Hi All. Hope you enjoyed your Memorial Day weekend. Remember, keep our veterans in our thoughts year round, not just on this holiday.

Past due for an update, but wanted see some stability before posting it. Modification number 5 appears to be the lucky one. It was signed and submitted in January, 2014. It was acknowledged and processed fairly quickly and was a done deal by Feb. There were a few bumps like GT filing the original mod (Instead of Number 5) with the county auditors office, messing up payment due amounts, credits, etc. But these have all since been corrected. The last couple of months statements contained the correct information and everyone involved appears satisfied with the results to date.

What a difference a year makes. At the start of last year we had been battling BofA for 4 years. Just under 4 years when they turned us over to GT. Everyone involved was so surprised we were still here after so many years. When GT took over they too were surprised, but our account mgr gave us hope. We eventually were approved for HAMP and we now had hope for the future. After our trial payments were passed we had a signed and notarized mod with good terms. Things really were looking up. Then BofA stepped in and turned it all into a nightmare, again. Now here we are thanks to that same dogged persistence of all these years, and encouragement from this board, especially Tom and Evan (Thank you), we didn't give up and we actually prevailed. When asked why we were still here by all the people who were supposed to be helping I just kept telling them....We have no intention of leaving and we especially have no intention of letting BofA cheat us our of our house.

This weekend while thinking about the bankruptcy we now need to move forward on, and starting the process of organizing and archiving the mountain of documents and letters from all the parties involved I started thinking again about our second mtg holder HSBC, and how I should handle them. Should I attempt to make a deal before moving forward with BK, or just let the court take care of them and strip them from the house? How I handle HSBC could mean the difference between ch 13, and ch 7. The first mtg alone is already underwater. That thought creeping into my mind during my clean up of the BofA/GT mess was kind of like the rain that darkened my holiday weekend. Low and behold, today in the mail I received a letter from HSBC informing us that our loan is being turned over to GT for servicing effective next month (June). Any thoughts or suggestions from the peanut galleries?

Thanks again for all your help and encouragement. I don't know if we could have made it this far without it.
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
#9
Hello Frustrated in NW.

I wish you a belated blessed Memorial Day and hope your weekend was nice as well.

Bankruptcy can be complicated with how the laws work. So please be careful and make sure your bases are covered.

My understanding is that only a chapter 13 will allow a lien strip of your 2nd mortgage. Of course you would have to qualify and your lawyer understand the process in order to be successful. In a chapter 13 you will also be allowed to include other debts if needed and repay them over the course of the plan which is usually 5 years.

A chapter 7 may be good if you have a lot of other debt that you wish to get rid of. If you are filing bankruptcy anyways because you have a lot of debt, then maybe a chapter 7 would be best first and then later you can revert to a chapter 13 to then strip your second mortgage.

If you file a chapter 13 first, you can't file a chapter 7 later. But if you file a chapter 7, you can file a chapter 13. They call it a chapter 20.

I hope these tidbits help you a bit and please let us know how this all unfolds.

Peace be with you.
 
#10
Hi Moe. Thanks for the reply.

I am aware that ch 13 is the only way to strip the 2nd lien. Actually, it is the only reason to even consider ch 13 in our case. If we can settle with HSBC we won't need ch 13, we would be able to go with ch 7 and be done with it. HSBC sent a settlement offer for about 15% several years ago which we never responded to. At one point they had a collection company send 1 notice and until today, that's the last we heard from them. My newfound concern is that GT is the new servicer from BofA. We recently finished our mod with them and after almost two years we finally have things going smoothly with them. I worry about HSBC transferring the 2nd mtg to them which to this point has not been addressed. I can't help but wonder what impact it might have with our situation. What are the chances 2MP might be in the future, especially since the 2nd has never been addressed and we are already underwater with the 1st? As I understand it, HSBC does not participate in HAMP. All things to consider disrupting my too brief lack of worry and panic.
 

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
#11
You are most welcome.

In regards to HAMP, 2MP and all these programs, even the mortgage servicers who have participated in them rarely followed the guidelines. The reason being is that it is not a law and there is little to no recourse if they do not follow these programs. What I have found is that mortgage servicers do what is best for the investor and their bottom line every time regardless of HAMP etc. Hence, I wouldn't worry too much about whether HSBC or Green Tree has your loan.

I understand your concerns. They are definitely valid. But as the old adage goes, don'y worry, be happy does apply here since we all know that what we think we usually manifest in our lives. Hence, what we think of, we shall become. I'm a firm believer that in order to have success or win in life, you have to focus and envision yourself succeeding. If you worry about failing and losing or something bad happening, than that is what happens in the end.

What you need to do is picture this all working out. When you start to worry, stop yourself and tell your mind to quit because you cannot control everything and worrying just makes it worse. Then focus on what is good in life and endeavors that make you happy and secure.

It is just a law of life that has been proven time and time again in many human endeavors. I know this is easier said than done, but you have to do this if you wish for success in dealing with your mortgage or anything in life.

What I have found time and time again is that LoanSafe members who did this exact thing found success. Just like you had before.

In any event, that is my philosophy on mortgage workouts and life :)
 
#12
Wow, it's been over 4 years since my last update and it appears I left everyone hanging. Sorry. A lot has happened since my last post. Some good, some bad. I'll try to stay on track.

The Bankruptcy never happened. Too much instability to be confident in it.
The 2nd that was transferred to GT? Well, out of the Blue in the fall of 2015 GT sent the papers to apply for a modification of it. Since I wasn't in any position to deal with it at the time I just thanked them for thinking of me and told them that I wasn't in a position to do anything about it at that time. Fast forward to December, 2015 and I received a short letter reminding me that I had yet to apply for the 2mp. I called to explain again that there was no money for it, so thanks, but no thanks. She then informed me that she was aware of our situation and that it was not a modification I was being considered for, but forgiveness, and I literally had only days left to apply.
Well, for that I can apply. I applied, she expedited, we beat the deadline and we rang in the new year with a letter showing our 2nd had been forgiven. That took away our need to consider Ch. 13, and took away the urgency to consider bankruptcy.

As much as I feared GT, and their horrible reputation in the beginning of our relationship, our only real trouble with them was the previously mentioned issues during the modification process. I'm sure the assigned account reps as individuals were more responsible for our fairly trouble free relationship than the corporate culture there. Ultimately Gt became Ditech and our luck held out. In August, 2017 our servicing was transferred to Carrington Mortgage Services. I guess our stretch of mutual cooperation at GT/Ditech was too much for BofA. Carrington has turned out to be the horror that I feared from GT.

That ties up this story. Thanks to everyone for the help, advice, and encouragement.