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Old 02-21-2014, 08:55 AM
 
4,480 posts, read 7,935,315 times
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Quote:
Originally Posted by LieslMet View Post
They won't TAKE the house via short sale or D-I-L and we're not leaving this house before it's sold and has a new owner
Eventually the sheriff will knock on your door and say you have 5 minutes to leave now, or go to jail.
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Old 02-21-2014, 10:34 AM
 
245 posts, read 150,211 times
Reputation: 648
Quote:
Originally Posted by YAZ View Post
And don't forget that WE pay the PMI, which lets the lender off the hook.
With how shady Ocwen has been (and they're violating bankruptcy orders and the FDCPA left and right), I'm honestly half-afraid that we'll come home to a burning house, with someone having been paid to torch it for the insurance money... which we pay for.
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Old 03-13-2014, 08:27 AM
 
Location: New York City
38 posts, read 46,671 times
Reputation: 35
All I can say is in the state of Washington if you get a Notice of Default ----
You have options under the Foreclosure Fairness Act!
This happened to my friends in the Seattle area.
They used Beyond Disputes | Mediation & Collaborative Seattle Law Firm to negotiate a new deal and kept their house.
The faster you act, the better your chances are, because the Foreclosure Fairness Act is very time sensitive.
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Old 07-22-2015, 11:10 AM
 
245 posts, read 150,211 times
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Just wanted to update everyone:

Nothing has been done, STILL. We went to a settlement conference yesterday morning - the very first one - and the judge essentially told the lawyer that it's BOA's fault and the next conference will be in late September. Why? I brought proof of every application (certified mail, return receipt) and had every letter that BOA, Ocwen, and (just in the past month was it transferred to yet ANOTHER company) Fay Servicing had sent us. Ever. Every fax. Notes from every call. Every call documented in phone bills. Cell phone. Home phone.

As we were called up to the judge, he asked if everyone had their paperwork. BOA's lawyer and we responded that we did. The lawyer held up a folder about a 1/4-inch thick. I had a box with a stack of papers, filed chronologically, over a foot tall and labelled. The lawyer asked if we still resided in the home and did we have interest in remaining in the home. Yes, of course. I added that we had applied 13 times and I was done unless BOA "or whatever company is in charge of ignoring our applications, now" was actually ready to receive paperwork and make a deal. He said that all the papers needed to be complete and I pulled out the 13 applications, plus confirmations of their FULL receipt of them in the past, and said that they were... was BOA REALLY up to handling paperwork *now?* and not just sending escalation threats in response to every BOA-requested re-application, as if the application was never made? I also had evidence of 2,027 collection phone calls that were made AFTER requesting that they not contact us unless in writing (in September 2013), via CM-RR. The fine of violating FDCPA rules is $1000 each time, if it can be proven and is pursued. I can and very well may, depending on BOA's response.

The judge looked through my files for a few minutes and then told the lawyer to have his client "get it together and quickly." That his personal record in delaying the foreclosure process, even when inevitable, was 17 adjournments... 3 YEARS before even letting the mortgage holder go ahead and START actual foreclosure proceedings. At which point, the process would take several years longer. I quote: "The defendants' children will have graduated high school by the time my court will allow your client to foreclose on this home, unless your client finds a way to rectify the situation prior." Afterward, BOA's lawyer told us that we should apply again and see what kind of offer is made... that we might be surprised.

This is COMMON, btw. Most people just leave, anticipating that it will be quick and they don't want to stick around for the shame of it. Moving out makes foreclosure easy for them. We stayed. My shame is burned out. I wear it in the form of scars... they're fading but they don't tan well so I see them quite well now.

We applied to *slightly* modify the mortgage over FIVE YEARS ago. They told us to miss payments to help the mod through. They then wouldn't accept payments until the mod went through. It never went through and then began to add on interest, late fees, legal fees, etc.

BOA/Ocwen/Fay are paying $5000/year, in the interim, to pay the taxes on the house. When the lawyer mentioned that, the judge said that it would be much less expensive if BOA happened to remove the note. I added that it would also be cheaper than going to court and them having to pay $2,027,000 to us in FDCPA violations.

We will apply again and see what kind of offer they make. But I cannot feel badly. They wanted this.

It's not like they even said that we were DENIED a modification; they simply said that we didn't make a complete application. That's horse****. They also didn't allow any payment until a mod was approved. A "potential" mod. payment was proposed the first time - if all the paperwork went through and was approved - and they shut down our online access entirely after trying to make it... because the process "wasn't complete." I'm DONE.
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Old 05-13-2016, 11:45 AM
 
245 posts, read 150,211 times
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Another update:

Still here... nothing is happening. There's now some kind of scuffle between BOA, Ocwen, and Fay about who will be foreclosing. The latest owner of the loan doesn't seem to want to... the process of getting the state to ALLOW a foreclosure is taking forever and the above three lenders cannot agree on who will do it. The most recent one is saying they don't want to foreclose.

I don't know what the heck is going on. An appraiser came and valued the house at half of the loan, the foundation is cracking in the exact center (it's 100 years old, at least) apparently. We've heard nothing since that in February except for notifications that 3 companies are arguing amongst each other about who's going to actually do it.
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Old 08-16-2016, 04:38 AM
 
7,015 posts, read 9,323,911 times
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"Pre-foreclosure" is in direct opposition of "Foreplay" (as used in sexual matters. ) One gives a tremendous amount of pain at the conclusion whereas the other gives pleasure. More or less one simple explanation without the technical and legal matters that others have given here.
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Old 08-16-2016, 06:50 PM
 
4,383 posts, read 8,676,849 times
Reputation: 2331
Quote:
Originally Posted by pink caddy View Post
"Pre-foreclosure" is in direct opposition of "Foreplay" (as used in sexual matters. ) One gives a tremendous amount of pain at the conclusion whereas the other gives pleasure. More or less one simple explanation without the technical and legal matters that others have given here.
I don't know what we would have done without this insight.
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Old 08-17-2016, 06:35 AM
 
Location: Kansas City North
3,625 posts, read 6,756,846 times
Reputation: 4630
Liesl, when I first started reading this I thought you were the lowest of the low, but after reading the whole thing I'm ready to nominate you for sainthood. And congratulations on your meticulous record keeping. That will probably be what saves you in the end. I wish you the best.
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Old 08-20-2016, 09:19 AM
 
245 posts, read 150,211 times
Reputation: 648
Quote:
Originally Posted by Okey Dokie View Post
Liesl, when I first started reading this I thought you were the lowest of the low, but after reading the whole thing I'm ready to nominate you for sainthood. And congratulations on your meticulous record keeping. That will probably be what saves you in the end. I wish you the best.
I have my accountant mother to thank for that habit. Notes scribbled on the back of envelopes in a myriad of writing utensils are valuable, in addition to all the paperwork.

We'll be fine. My husband and I are both earning well now and our savings are healthy... I just cannot feel guilty about it. No one is out anything. These banks have profited and paid each other several times over, nurture heinously unethical business practices, and now are deciding which one of them will "gain" an absolutely worthless-to-them house.

They don't want it. At some point, however, we're just going to leave. We are quickly approaching the line where it will cost us more (in money and work) to stay here, in continuous repairs (electrical, plumbling, French drains to divert water.) Maybe that's why they've done essentially nothing? We're taking good care of this house because it's cheaper than a mortgage elsewhere (and it's worth it to keep continuity for our children with their neighborhood friends) and once a month - when we see some car park in the street and take a few pictures for the banks/servicers - it's proof that the house is being taken care of. It would have sunk into the ground by now, for sure... we've diverted all the water AROUND the foundation and even though it's a temporary fix (water ALWAYS wins), it's worth it. For now.

And THANK you.
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Old 08-20-2016, 02:58 PM
 
7,015 posts, read 9,323,911 times
Reputation: 2510
Quote:
Originally Posted by jdm2008 View Post
I don't know what we would have done without this insight.



I really don't know which is funnier...my foreplay yoke or your response. Guess it depends on your style of humor.
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