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Old 11-04-2012, 04:57 PM
 
Location: Texas
66 posts, read 150,290 times
Reputation: 79

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During my divorce my (now) ex husband was court ordered to keep paying the mortgage on our home.
But due to some bimbos he rather spend the money in the florida keys.
During that time i was in GA helping my daughter wiyh her first baby.
When I came back to TX my world fell apart, after finding out the mortgage is 4 months in default.
I cut this short now.
I'm working with Wells Fargo on this for about 4 months. I;m going nowhere.
I want my mortgage to be modefied and my 'case worker' giving me the run around.
He ask for 30 documents ....My mortgage company helping me out with the faxing and some calling.
They ask me for the same documents over and over and over. If i complain about that he WF say they are
out dated, we need more recent ones.
I send them what they ask for.
The foreclosure date is DEC. 4 2012.
They haven't told me anything yet. The mortgage is not even in review yet.
Even the Loan office of my Mortgage company told me how frustrating that is because i can afford the payment.
I have no place to go yet. I'm afraid to look for a rental, because I might get turned down.
I'm in total panic. What do i do ?? Or what can I do to stop this ? I want to keep my home
.
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Old 11-04-2012, 06:04 PM
 
Location: Austin
7,244 posts, read 21,811,238 times
Reputation: 10015
Who is on the current loan? If your ex is on the loan, you cannot "modify" the loan. You have to completely finance the house in your name. You're not doing a loan modification if the people on the loan are changing, and if you're divorced, I'm pretty sure your ex isn't willing to go in on another mortgage with you.

You're getting the run around to do something not possible and the house will be foreclosed on. Your ex needs to initiate a short sale or something in order to prevent a foreclosure. You cannot short sale without an arm's length transaction so you'll have to move.

If you want to stay in the house, since you're not an arm's length transaction, the bank will probably not do anything for you unless you completely bring the payments up to current and then finance in your name.

By the way, even on a traditional purchase, the lenders ask for paperwork 3-4 times. It's standard to make sure they receive the same stuff that's not fabricated like, "Hmmm, which docs did I send last time" and then you get caught sending something "different".

As for Wells, better luck elsewhere.
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Old 11-06-2012, 10:42 AM
 
Location: New York
2,251 posts, read 4,915,939 times
Reputation: 1617
** Understand Wells Fargo owes you nothing, you owe them. They are not going to voluntary tell you what to do.

Just had a Wells Fargo mortgage modified with a similar situation. (A property in Austin, Texas). As long as you can show affordability, your divorce degree states you get the home, and your ex husband will do a quick claim deed. There may a way to possibly save your home.

The first thing to look at is your divorce degree to see what it says.

Second need to look the house hold income. You need to add the four missed payments with the loan balance; figure 31% what is the income needed to support your mortgage. Many people who work with their lender end up screwing themselves out of a modification by reporting little or too much income. .

Texas is a non judicial state meaning after four months, the lender can take steps towards foreclosure. My experience with Wells, there are two to three scheduled sale dates, before the house is sold. If you are currently working with Wells, you will probably survive the first sale date. An important factor to consider is the loan amount vs. the value of the property (Underwater), predicting how aggressive Wells will be foreclosing.

I have spoken to many people behind of their mortgage having Wells Fargo, telling me their sale date came and went. They get really comfortable not paying the mortgage payments.....

After the second or third notified sale date. There will be no further notice of a final sale date. Homeowners get a knock on their door, a sheriff posting an eviction notice of the front door. I had many call backs after this has happened, saying please help us save our home. This time it is to late.... (referring two recend call backs, proprieties in Georgia, and Connecticut).

Good Luck..
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Old 11-07-2012, 08:25 PM
 
Location: Texas
66 posts, read 150,290 times
Reputation: 79
This is very interesting. The court awarded me the house. And yes , I can afforded it. My EX sigh all the nessessary papers and a quick claim deed. I try to modiefy for a long time, I can almost never reach my home specialist and when I do he claims that I don't try hard enough. Man, I have a job and sometimes work long hours. I told him to call me anytime after 6 pm.
After I found out my EX did not make payments and I started to pay and talk to WF about modification they don't take my payment anymore.
They wanted the whole default amount right away. At this time i still had a ton of attorney bills and could not pay almost close to $6000.00 to WF.
I wanted to modify.
I still don't know if they're going through with foreclosure next month or not. Should i look for another place to stay or not.
I do want to keep my home.
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Old 11-09-2012, 12:24 PM
 
Location: deep woods
404 posts, read 898,154 times
Reputation: 574
It may be a Quit Claim Deed that is being spoken of.
Interesting thread.
Interesting that they won't take your monthly payment. Was going to say, since you say you can afford the pmts, to make them and ask your divorce ct to enforce your ex to follow the decree.
Agree its too bad you are trying to deal with WF. Would it be acceptible to TOS if I said they are a sorry excuse for having any humanity? I don't want to say it if I can't, as I have two strikes.
Good luck.

Last edited by gv28; 11-09-2012 at 01:20 PM..
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Old 11-12-2012, 12:25 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,581,108 times
Reputation: 2201
Quote:
Originally Posted by Lone*Star_Girl View Post
During my divorce my (now) ex husband was court ordered to keep paying the mortgage on our home....
.
Quote:
Originally Posted by FalconheadWest View Post
Who is on the current loan? If your ex is on the loan, you cannot "modify" the loan. ...
Quote:
Originally Posted by Lone*Star_Girl View Post
This is very interesting. The court awarded me the house. And yes , I can afforded it. My EX sigh all the nessessary papers and a quick claim deed. ...
FalconheadWest's question is still valid. A Quit Claim does not change those responsible for the mortgage. Even though you were "awarded" the house and your ex signed a Quit Claim deed, if he is on the mortgage it may be complicating your modification.

Did you go back to the court to report that he is violating the order to keep up payments?
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Old 11-16-2012, 10:58 AM
 
Location: New York
2,251 posts, read 4,915,939 times
Reputation: 1617
Quote:
Originally Posted by rjrcm View Post
FalconheadWest's question is still valid. A Quit Claim does not change those responsible for the mortgage. Even though you were "awarded" the house and your ex signed a Quit Claim deed, if he is on the mortgage it may be complicating your modification.

Did you go back to the court to report that he is violating the order to keep up payments?

That is why people get attorneys.........
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