modification (12)

I have an urgent need for a key contact in Loss Mitigation at American Home Mortgage Servicing Inc.

The internal contacts I have are literally the most incompetent people I have ever encountered in a financial institution or loan servicing company.

They demand paperwork, it is provided, then they demand the same paperwork after acknowledging the receipt of the previously requested paperwork

Then they just scheduled the trustees sale date of our home because the requested paperwork was not sent to the correct number even though the paperwork was Correctly sent to the number listed on their letter requesting additional paperwork. REALLY!

I know this sounds absurd but it is happening right now and it is happening to me with my home. The trustees sale date has been set for mid November.

I Need A Key Contact Who Can Review The Transaction And Correct Their Error.

My wife was literally been driven to tears of frustration this morning by their blind incompetence and lack of accountibility. We have very accurate records of the doc requests, timelines kept and errors made at AHMSI. I am looking into legal options to remedy but think it makes a lot of sense to reach out to the REOPro Community for the best alternatives to fix this.

While I expect most to ignore this post due to the lack of interest since "Who cares if another home goes down" but I am hoping that someone in REOPro reads this who knows a way to get me in contact with a person at AHMSI who can fix their mistake.

I know they exist because I know several who can do the same at BofA, Wells Fargo, and Chase.

If anyone has a way to help, I really need to hear from you right away.

 

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Someone ones told me that numbers don't lie, but they can be manipulated. Here is an example, I just read an article titled "Foreclosure Sales Decline Second Straight Month" that makes it sound like it was good news for our market and our economy. I really believe that the numbers are right, but they are not telling an accurate story.

The reason foreclosure sales are down is because the active inventory of REO properties is down due to the robo signing and other factors. I can see that in the past 12 months 90% of the REO transactions have title delays. I guess after the freeze of last year, now title companies have decided to do their job and there have been several delays, up to 7 months for titles to be clear and settlements taking place.

At least in my market in Maryland, the REO inventory has shrunk from last year, I know some brokers have downsized their staff and are now pursuing other venues of revenue like short sales and multi-level network marketing ventures.

But lets face reality the amount of foreclosure files has increase by 1% according to the same article. When I drive around I can see several empty and unkept homes that I know by experience they have been foreclose or they are in the process. I know several "home owners" who still live in their foreclose home after almost a year of the auction date, because the banks are waiting on the courts for the foreclosure ratification, etc.

Lets face it loan modifactions and the lack of control on short sales is not stopping the foreclosure train, it is barely slowing it down. It is a sad thing, but I think there is foreclosure inventory for a long time.

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Several lenders, including Freddie Mac, report more than half of homeowners who lose their homes to foreclosure never answer their lenders' phone calls or letters. Instead, homeowners feel embarrassed about being in default, don't believe their lender can help, and erroneously assume that contacting their lender will cause them to lose their home more quickly.

 

In a press release announced earlier this week, The Short Sale Association of America (SSAA) shared results of a Freddie Mac survey that reported "6 in 10 homeowners in pre foreclosure aren't even aware of the  programs and services available to help them prevent foreclosure."


The release urges real estate professionals to reach out to distressed homeowners, knowing it is highly unlikely they will seek out assistance on their own. 

 

Note: lenders are still behind the times when it comes to investment properties. They claim to have loan modification and other options for investors, but typically that is not the case.

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Here are the basic eligibility requirements.

* The property is owner occupied.

*The mortgage loan is a first lien mortgage and originated on or before 1/1/2009.

*The mortgage is delinquent or default is reasonably forseeable.

*The current unpaid principal balanceequal to or less than $729,750.

*The borrower's total monthly mortgage payment exceeds 31% of his or her gross monthly income.

The lender must evaluate and offer a HAMP mod to borrower before consideration to HAFA options.

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eLoan Mods

In a recent post on Mortgage Servicing News the latest and greatest in the world of default servicing is electronic (on-line) loan modification. Ironically, I'm reading a book right now by Mark Zandi (Financial Shock - I recommend it to everyone in our REO network btw) and he talks about online lending. Albeit, they aren't the same, but I can only imagine some of the fraud and future complications that will be the result of consumers jumping online to apply for a loan modification which, in turn is automatically run through underwriting by a series of codes that do verification based on the honor system.Call my pessimistic, but I don't see this being the salvation to our situation. Don't get me wrong, I'm glad that there are solutions being recommended, however; when's the last time that we, the people (and more importantly the REO professionals) were consulted about potential realistic solutions?Read the article here....it's actually very informative. I don't mean to sound like the write-up is bad. It's not.
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Walking Away: Fair or Unfair?

Interesting article about a research by an associate law professor at ASU whose name is Brent White. According to his research not enough people are walking from their underwater home due to restrains and marketing by lenders scaring people about their credits. He advocates that mortgages should not be reported to credit bureau so the homeowners could have more leverage in negotiating a loan modification with their lenders. He states that "It's unfair that responsible homeowners, who bet on the housing market just like lenders, are bearing the burden of the meltdown". Fair or unfair: what's your take?
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FORECLOSURES AND RESIDENTIAL TENANT RIGHTS

Purchasers at foreclosure need to address new legislation that went into effect May 20, 2009 called the Protecting Tenants at Foreclosure Act of 2009 (note: it is Title VII in this link). There is still the advance rent and security deposit issue as the ACT does not address how the tenant can protect itself from the loss of those monies.New new Act is very broad and effectively covers every residential mortgage in every state. It does NOT apply to tenancies that are not "bona fide" - and that definition is also very broad. For example, if you are in foreclosure and the tenant is your child, the Act will NOT apply.The key is when was the lease entered into - was it before or was it after the foreclosure was filed? If it was before the lease was signed, then it takes precedence over the mortgage foreclosure and the tenant cannot be evicted because fo the foreclosure - provided the tenant does not breach the lease. The ONLY exception is if the buyer is purchasing the property as its PRIMARY RESIDENCE, in which event the 90 days.If the lease was after the foreclosure, then the tenant can be evicted 90 days after notice to vacate is given by the NEW owner after the foreclosure sale. In essence, any lender must give any bona fide tenant 90 days to vacate the premises AFTER the lender or any other buyer at a foreclosure sale acquires title to the property. Of course some state tenant laws still apply, for example, if the prior Landlord (the foreclosed owner) had given a notice to vacate prior to the foreclosure sale occuring (because of a tenant breach) in which event that notice start date would remain applicable.The HUD explanation is simple regarding the notice to vacate:(1) The advance notice applies to tenants in any foreclosed dwelling or residential real property, regardless of the type of loan or other security interest on the property.(2) An advance notice of 90 days is the minimum period of notification. A longer period may be provided, for example, if greater protections are provided by state or local law.(3) Responsibility for providing the advance notice to tenants falls on the immediate successor in interest of the property, which will generally be the purchaser.(4) The notice must be given to anyone who, as of the date of the notice of foreclosure, is a bona fide tenant, whether or not there is a lease.A detailed analysis of the Act is found at: PROTECTING TENANTS AT FORECLOSURE: NOTICE OF RESPONSIBILITIES PLACED ON IMMEDIATE SUCCESSORS IN INTEREST PURSUANT TO FORECLOSURE OF RESIDENTIAL PROPERTY.Remember that during the remaining term of the lease or the 90 days notice period, the terms of the lease still apply - the tenant obligations to maintain the premises, pay rent, etc. must still be adhered to by the tenant or they can be sued and evicted by the new owner! This new law is NOT a free ticket for tenants!!!!It is important to recognize that the new law is only a starting point - STATE LAWS that provide greater protections are still in place and will override the new federal law. I would also note that if the lease term was finished before or during the 90 day period, the lease term is NOT extended by this law and normal state remedies for holdover tenancy would be in effect.MISSING SECURITY AND ADVANCE RENT PROTECTION FOR TENANTS -The ACT does not provide any monetary protections that I spoke about in my previous article and therefore the game plan in that article still applies. The problem is that most tenants gave to the original landlord last month's rent and a security deposit. The new owner has no responsibility to the tenant for those monies!!There can be other more imaginative ways to proceed - but remember that because the old landlord that lost the house isn't the owner anymore does not mean that you get a free 90 day pass to live in the house (althought that is how it is likely to pan out for new owners). The new owner can sue the tenant for unpaid rent for the 90 days. That leaves the tenant in a conumdrum of how to recover the deposit and advance rent and that is why participation in the foreclosure suit with a request to the court to deposit monies to the court registry is going to be the best legal route a tenant can take to demand and get fair treatment regarding its financial obligations. My suggestion is to get involved as a tenant in the foreclosure suit when served with the foreclosure summons and complaint. You may want to seek the advice of an attorney in your State when doing so.Copyright 2009 Richard P. Zaretsky, Esq.Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make. This article is for information purposes and is not specific advice to any one reader.Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660 RPZ99@Florida-Counsel.com - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide! Shortsales@Florida-Counsel.com New Website www.Florida-Counsel.com. See our easy to find articles at TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES.
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I came across an interesting article in my local newspaper, Arizona Republic, promoting a free loan modification event that will be held through October 5th at the Phoenix Convention Center. It's part of the "Save The Dream Tour" being promoted by Neighborhood Assistance Corporation of America a non-profit advocacy HUD certified couseling agency. According to the agency everyone who qualifies leaves the event with a modified loan which could include not only interest terms modified but also a principal reduction. Inquired how this is possinble, Bruce Marks, Chief Executive Officer, states "It's basically nonviolent terrorism against banks". What do you think?
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NEVER PAY a Mortgage payment to someone who comes to your door!!I posted a blog recently on AR regarding Titanium in the news and it as well as some recent happenings prompted me to write this post...To minimize potential fraud by imposters, representatives will not be permitted to accept mortgage payments or any other money from borrowers...this is except from recent article about Freddie doing loan mods door-to-doorLas Vegas has become known for having lots of scammers showing up at the door and calling people to try and get their $ by whatever tactic they can and there are still people falling for the scams and giving people money up front before they even check the person or company out.I recently had a couple ask me if they could give me their mortgage payment to turn into the bank...NO!!!Unfortunately, I have also been meeting a lot of people who have been scammed out of thousands of dollars by loan modification companys as well.NEVER PAY a Mortgage payment to someone who comes to your door!! Spread the word!
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Freddie Mac has launched an aggressive, proactive campaign to help troubled borrowers modify their home loans under the federal government’s mortgage relief program.The GSE said Tuesday that it has hired Titanium Solutions, Inc., a homeowner contacting and counseling firm based in Salt Lake City, Utah, to knock on the doors of delinquent borrowers and obtain missing documentation and complete applications needed to begin their three-month trial payment periods for Home Affordable Modifications under President Obama’s Making Home Affordable program.Titanium Solutions will target late-paying borrowers with Freddie Mac-owned mortgages who have not returned letters or phone calls sent by their servicers, or who need to provide additional information to take advantage of the federal program. Titanium will also help those borrowers who have started their trial periods complete the documentation process to enable them to be converted into final modifications, Freddie Mac explained in a corporate statement.“By meeting with our borrowers, one on one, in their homes, Titanium Solutions can help them overcome the roadblocks keeping them from starting their Home Affordable Modification trial periods,” said Ingrid Beckles, SVP of default asset management at Freddie Mac.To minimize potential fraud, Beckles said Titanium Solutions representatives will not accept mortgage payments or any other money from borrowers. Representatives will also carry a copy of their servicers’ solicitation letter the borrower initially received, which includes unique information about the mortgage loan.Titanium Solutions, Inc. is the newest piece of Freddie Mac’s multi-pronged effort to help borrowers take advantage of the administration’s Making Home Affordable program.The GSE has also placed program experts at servicers across the country, works one-on-one with borrowers at local events organized by the Treasury Department, and recently hired Home Retention Services, a wholly owned subsidiary of Stewart Lender Services, Inc., to ease backlogs at several servicers by processing applications from delinquent borrowers with Freddie Mac mortgages.
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When the admnistration introduced regulations to stop the foreclosure bleeding that was affecting the health of our economy, the Making Home Affordable came to life. Under the Making Home Affordable the servicers that agreed participating will receive $1,000 up front and another $1,000 up to 3 years for every successful loan modification. On the borrowers side, they will receive a $1,000 per year up to 5 years that goes straight to their balance provided they are current. And the investor will receive $1,500 bonus while servicers will receive $500.The Making Home Affordable was amended on April, 2009 to address the short sale. Under the guidelines, servicers will receive $1,000 for a successful short sale or DIL (deed in lieu of foreclosure), borrowers are eligible up to $1,500 for relocation expenses and the Treasury will “share the cost of paying junior lien holders to release their claims, matching $1 for every $2 paid by the investors, up to a total contribution of $1,000 by Treasury”.Please note that while the modification side of the Making Affordable program will expire on June of 2010, the short sale side of it will expire on December of 2012. It seems that short sale will be in for a while and if that will impact the REO inventory is yet to be seen. What is your take?
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NFSTI REO Coach-A-Thon Schedule

•Are you interested in increasing REO?•What about Commercial REO?•Do you know what to say to an Asset Manager?WEEK ONE•Foreclosure Angel Foundation Introduction (Today - Friday)WEEK TWO•8/31/09 - State of the Market•9/01/09 - Explosive Commercial REO Oportunities•9/02/09 - BPO Automation Made Simple and Profitable•9/03/09 - Loan Modification as a Secondary Revenue Stream•9/04/09 - Social Media - The Blogging EffectWEEK THREE•9/08/09 - Foreclosure Angel Foundation•9/09/09 - Putting the 'Short & Sweet' into Short Sales•9/10/09 - Razor Sharp Seling Skills w/Side of Motivation•9/10/09 - How to Attract More Buyers Than You Ever Thought Possible•9/11/09 - Social Media Marketing Strategy for REO AgentsWEEK FOUR•9/14/09 - Office Organization, Systems adn Peace of Mind•9/15/09 - REO Task Management Simplified & Served Hot!•9/10/09 - How to Talk with An Asset ManagerThe best REO coaches in the nation are coming together to benefit the Foreclosure Angel Foundation. For more information go to www.clubtsunami.netBe A Piece Of The Solution!
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