Washington State Denied Modification

snapple candy

LoanSafe Member
Feb 25, 2009
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WashingtonSky,
Im not sure all the details of your case as I did a quick review or what your current income is at this point. The denial states you dont have enough surplus to qualify also. That indicates too many expenses or possible debt (credit card or other unsecured debt on credit report). If you have debt your debt-to-incomes ratios may be too high. (new mortgage debt + other debt cannot exceed 42-45% of gross monthly).
But at $2200 a month income (x 31%) = $682. On the surface, it looks like there just isn't enough income and not enough wiggle room (surplus). They will only go so low in the payment. Id venture to guess you need income closer to $2800+ to qualify for a mod.
When they say you are not in active foreclosure or you are, it really is a scare tactic. Unless they file FC legally, that means nothing. I wouldnt waste time on semantics of suspended or not and write letters in that regard.
I do believe the state of washington has a foreclosure mediation program and the lender may be required to go thru it before they try to even foreclose. If you have higher income now, that may be the venue to get another bite at the apple to apply for a modification. A local HUD agency would have access to all the details on mediation too. Seeing a HUD counselor might be helpful.
 

cgpjs

LoanSafe Member
Sep 9, 2010
137
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snapple candy is correct: Washington has a mediation law that requires lenders to come to the mediation table, they will NOT be able to foreclose on you without this and the mediation requires that they act in good faith and give you a modification offer if you qualify. However, the mediation can't take place before a NOD is issued. It is up to you whether you participate in mediation or not. OP should familiarize him/herself with the state laws about mediation.
 

WashingtonSkyy

LoanSafe Member
Aug 3, 2014
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Sorry for the long delay in response here, I didn't realize anything had been posted since I last posted.

I checked public record today and it states "Appointment of Trustee". Any idea of the length I have left before I have to vacate the home? I have not received any letters stating this happened, or that it has a sale date or anything like that. Last time I spoke with Chase, they told me that I was "pending a sale date" but no sale date had occurred. I am going to send out the letters that were written up for me finally, and am still vigorously trying to get my income together to qualify for a modification.

Does anyone also know if the seattlebubble timeline is correct?

  • Day 0 – Borrower misses first payment
  • Day 60 – Borrower receives Notice of Default (not public record in WA)
  • Day 90 – Borrower receives Notice of Trustee Sale (public record in WA)
  • Day 210 – Trustee Sale: Home is auctioned on the courthouse steps
  • Day 230 – Borrower must vacate the home
  • Day 237 – Bank begins the “trash out” and clean up process
  • Day 251 – Bank lists the home on the MLS
  • Day 281+ – Bank sells home
I'm assuming I am at Day 90 (although it's been 18 months), and I should roughly have about 4 months until the home is sold? I'd like to know if this timeline is followed, or if it could be sooner that I must vacate the home.

Also, I'll know once the foreclosure officially happens right? I'll receive paperwork?
 

WashingtonSkyy

LoanSafe Member
Aug 3, 2014
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I also wanted to add, I'm not sure if I've received the notice of default. Everything that I've received for the last 6-7 months have not been anything like that. Is it possible the Notice of Default was sent out shortly after I stopped paying and perhaps I missed it? I've read up that it normally contains the entire amount needed and the fees of the foreclosure etc, but I haven't received ANYTHING like that. So it's possible they haven't sent it still? It's just strange that this public record showed up "Appointment of Trustee" and not "Notice of trustee sale". It makes me wonder if the process still has not officially started.
 
Hi WashingtonSky, Seems like you may have received your NOD however it should have been obvious as they would post this document to your front door and they would have sent you several maybe even as many as 6 certified letters telling you this. Do you keep all your mail? I have mine 8 inches stacked in my drawer. Here is general video if you care to watch

http://www.resg.info/washington-state-foreclosure-timeline-process-video/
 

WashingtonSkyy

LoanSafe Member
Aug 3, 2014
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I honestly don't believe I've received an actual NOD, based on what the requirements of the letter format are. I found this on foreclosure.com for the state of Washington.

"Notice of default as described above must contain certain information, including a description of the default, the lenders identification of the deed of trust and a breakdown of foreclosure costs and fees"

I haven't received anything stating how much the foreclosure would cost, and what the fees are associated with it. I've received plenty of letters stating that I am behind, and that there are options to avoid foreclosure, but never something that said I was going through foreclosure, and what the fees are. I've kept all of my paperwork I've received for the last 18-20 months from them and wasn't able to find something that stated anything like that. Unless of course it's a letter that just says "You are in default on your mortgage, here are the options to avoid possible foreclosure".
 

WashingtonSkyy

LoanSafe Member
Aug 3, 2014
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It's very possible that I just overlooked it as well. I'm trying to get in touch with a realtor that specializes in short sales to see what my options are. Would definitely like to come out of this not owing anything, or just walking away if they can forgive the debt.
 

WashingtonSkyy

LoanSafe Member
Aug 3, 2014
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Do you mean post it to the property, by means of tape or a nail or something? Because I definitely never received anything like that. I remember receiving door hangers that gave me options, but never had amounts or anything.
 
yes I get the door hangers a well.( urgent please call us)...then they bill me $35 per month for that. It's just to try and verify occupancy.
The next month if the guy comes back and there are still door hangers he might let the bank know that house could be vacant. Yesterday I just got a note on my door from the post office (certified mail) I figured it was nothing and I was right. I went to the post office and signed for it. It was just a letter saying "these are your options" short sale, DIL, Full pay, Modify...etc.....To answer your questions YES the NOD should be heavily tapped to your property, Front Door, Garage Door etc.
 

WashingtonSkyy

LoanSafe Member
Aug 3, 2014
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From the NOD itself, it sounds like I have almost 120 days still? Just unsure if this is correct. Any help from someone in Washington would be great. I've attempted to contact attorney's, lawyers, foreclosure experts and nobody can tell me anything. I'm honestly at a loss on where to look for help. Even calling all the foreclosure hotlines, or HUD counselors in WA, they either don't want to help, or don't understand my situation.
 
Ok so lets start with the basics. Are you sure you have the NOD this time? Does it say "notice of default" did they send you multiple copies in the mail and did they post something to your house and if so where? Garage? Door, Fence post? According to your own time line above you should have another 170 days (5.5 months) until you have to move out assuming you are not able to stall them further.
 

WashingtonSkyy

LoanSafe Member
Aug 3, 2014
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Ok so lets start with the basics. Are you sure you have the NOD this time? Does it say "notice of default" did they send you multiple copies in the mail and did they post something to your house and if so where? Garage? Door, Fence post? According to your own time line above you should have another 170 days (5.5 months) until you have to move out assuming you are not able to stall them further.
Yes it was the NOD this time. It says "Notice of Default" and it was taped to my front door. I also received like 7 copies of the same thing in the mail.

I'm just not sure if that timeline is accurate. I want to make sure, I've reapplied for a modification again, but am just worried I'll get slapped with the trustee sale and have to be evicted before Christmas.