Judi is disabled and shares a home with her 83 year old mom. When Judi received notice that her mortgage payments had risen by a whopping 50% she immediately contacted her mortgage servicing company. Rather than finding help, she as many others have indicated, quickly learned that mortgage servicing companies appear to have no incentive and even less desire, to help their customers. In fact, Judi's home is about to be auctioned off.
Read Judi's email published here with her permission below. If you can offer Judi help, please get in touch with Judi or feel free to email me directly.
Dear Denise
I am in desperate need of help. I am currently fighting predatory servicing and losing. The companies involved are First Franklin, Nationpoint and HomeLoan Services. Because they are protected by federal laws I have run out of places to turn for help. My house is going to auction June 1, 2010.
My case is currently being reviewed by both State and Federal agency's. These cases are still open. No one however can give me advice or information.
I can not give you the full story in a email but I can give you a brief over view.
Sept 15th I received a notice that my house payment was increasing by over 50% ($1450). This took it to an amount I could not pay. I was sure this was an error at the time. Oregon laws were being ignored, taxes were added I did not owe. From the time of the notice, the time I received it, to the first increased payment was 2 weeks. I could not make the payment, they would not take a lesser amount while this was worked out. I requested they allow me to make the normal payments I had been making each time I spoke to anyone, but they refused.
The end of December the amount the collections department was requesting dropped ($1109 mo). When I asked why they said it had always been that amount. One week later I got a new escrow analysis in the mail showing my new payment had dropped to the amount it was in Sept ($915). This was Jan 2, 2010. I called them on Jan 6, 2010 to see what was going on and what we could do to catch up on the back payments. They had no idea what I was talking about. The system did not show what I had just got in the mail. The amount in the system was $1109 mo. At that time they also informed me that I was in foreclosure.
In order for me to keep my house my options are limited. To catch up and pay all the fees will cost me almost 12,000. There is no way I can pay anywhere near that. This has cost me expense as well. I am trying to do a modification, which most likely not be approved. If it were approved I would still have to deal with the same company and they would be free to do this to me again.
Currently I am trying to find a place for my mother to move. She is 83, I am 52 and disabled. We have lived here 24 years. To find a place for her that has what she needs at her age is far more then we can afford. Her walking is limited but just finding a place that has parking and a washer hookup has been unreal.
What I am looking for is the following, any or all....if it's out there somewhere.
~ A company willing to refinance our home. Someone who will look at the full picture and see that whatever this company has placed on our credit report was not our doing, and also not something I can have removed at this point. This is the only way I can see being able to remain here. My mother deserves to stay in her home.
~ A lawyer, or law firm who had dealt with predatory servicing. I have tried to contact many different lawyers but most will not respond. The one lawyer who finally did told me that there is nothing they can do because the lender is protected by federal laws. Oregon had no laws that will allow these company's to be held accountable. This has to be done at a federal level.
As of last month Governor Kulongoski signed a new bill into law. HB3706. Click here for PDF
I am hoping somewhere in those words is help for us. The law however will be of little help if there are no lawyers who have dealt with such a case.
I learned last week I can file a Chapter 13 bankruptcy. Reorganization of finances.... just typing that made me laugh. How do you reorganize your finances when the only thing you have is your home and two small bills. The cost, about $1000 each. What's left of my credit will be ruined. I will still have to deal with the same lender and they will be free to do it all over. It will simply prolong my misery.
If you are able to help please contact me. If you know of anyone who might be able to help please forward this message on to them.
Please forgive my having to use email to contact you. My disability is one that makes day to day things like contacting people during business hours very difficult. It also effects my ability to communicate at times. In writing I feel I am more clear.
Even if you are not able to help, please still respond. At least I will know my email made it to you and I can take you off my list.
Judi
Salem, Oregon
click here to email Judi
Judi's blog
The Beginning ---- where this all started
Read Judi's email published here with her permission below. If you can offer Judi help, please get in touch with Judi or feel free to email me directly.
Dear Denise
I am in desperate need of help. I am currently fighting predatory servicing and losing. The companies involved are First Franklin, Nationpoint and HomeLoan Services. Because they are protected by federal laws I have run out of places to turn for help. My house is going to auction June 1, 2010.
My case is currently being reviewed by both State and Federal agency's. These cases are still open. No one however can give me advice or information.
I can not give you the full story in a email but I can give you a brief over view.
Sept 15th I received a notice that my house payment was increasing by over 50% ($1450). This took it to an amount I could not pay. I was sure this was an error at the time. Oregon laws were being ignored, taxes were added I did not owe. From the time of the notice, the time I received it, to the first increased payment was 2 weeks. I could not make the payment, they would not take a lesser amount while this was worked out. I requested they allow me to make the normal payments I had been making each time I spoke to anyone, but they refused.
The end of December the amount the collections department was requesting dropped ($1109 mo). When I asked why they said it had always been that amount. One week later I got a new escrow analysis in the mail showing my new payment had dropped to the amount it was in Sept ($915). This was Jan 2, 2010. I called them on Jan 6, 2010 to see what was going on and what we could do to catch up on the back payments. They had no idea what I was talking about. The system did not show what I had just got in the mail. The amount in the system was $1109 mo. At that time they also informed me that I was in foreclosure.
In order for me to keep my house my options are limited. To catch up and pay all the fees will cost me almost 12,000. There is no way I can pay anywhere near that. This has cost me expense as well. I am trying to do a modification, which most likely not be approved. If it were approved I would still have to deal with the same company and they would be free to do this to me again.
Currently I am trying to find a place for my mother to move. She is 83, I am 52 and disabled. We have lived here 24 years. To find a place for her that has what she needs at her age is far more then we can afford. Her walking is limited but just finding a place that has parking and a washer hookup has been unreal.
What I am looking for is the following, any or all....if it's out there somewhere.
~ A company willing to refinance our home. Someone who will look at the full picture and see that whatever this company has placed on our credit report was not our doing, and also not something I can have removed at this point. This is the only way I can see being able to remain here. My mother deserves to stay in her home.
~ A lawyer, or law firm who had dealt with predatory servicing. I have tried to contact many different lawyers but most will not respond. The one lawyer who finally did told me that there is nothing they can do because the lender is protected by federal laws. Oregon had no laws that will allow these company's to be held accountable. This has to be done at a federal level.
As of last month Governor Kulongoski signed a new bill into law. HB3706. Click here for PDF
I am hoping somewhere in those words is help for us. The law however will be of little help if there are no lawyers who have dealt with such a case.
I learned last week I can file a Chapter 13 bankruptcy. Reorganization of finances.... just typing that made me laugh. How do you reorganize your finances when the only thing you have is your home and two small bills. The cost, about $1000 each. What's left of my credit will be ruined. I will still have to deal with the same lender and they will be free to do it all over. It will simply prolong my misery.
If you are able to help please contact me. If you know of anyone who might be able to help please forward this message on to them.
Please forgive my having to use email to contact you. My disability is one that makes day to day things like contacting people during business hours very difficult. It also effects my ability to communicate at times. In writing I feel I am more clear.
Even if you are not able to help, please still respond. At least I will know my email made it to you and I can take you off my list.
Judi
Salem, Oregon
click here to email Judi
Judi's blog
The Beginning ---- where this all started
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Check out http://www.swarmthebanks.com and maybe some of the links there can help you.
You should have voted for Hillary Clinton. You would be better off and the government would not be handing out so much money either.
I know that does not help you now but it MUST BE SAID. Hillary Clinton supporters did not fight enough for her because they were TOO NICE.
The democratic party helped defeat Hillary Clinton by doing many dishonest things during the 2008 campaign.
Denise,
Thank you so much for posting this for me. Some days even the simple things can be hard. No matter what the turn out is for us just the fact that you offered a hand and a kind word means so much. Its something that few have been willing to do.
I will keep you updated.
Judi
Update
I still have not been able to find a lawyer who can help. I have been given names but so far no one has been able to help. Time and location are part of the problem. The oddity's of the case is as well.
I did talk to someone who could not offer me much help. Wrong area of expertise. I can file bankruptcy, I could also ask a judge to step in and stop everything until this is figured out, yes with a lawyer. I would have to be able to put up about 20,000 to the court as some sort of bond. If I had that much money I would not have this problem. I suggested that the court could put a lien on the house. I never asked what the fees would be, it didn't matter if its not an option.
Nationpoint received my application/request to modify April 22, 2010.
May 19th we still had not been assigned to a negotiator and the auction date was still set for June 1st. A request was put in again for a negotiator and a request to postpone the auction.
May 20th I called back to see if they approved postponing the auction. That was approved. AND a negotiator had been assigned. They now have the file. It will be about a week before they can go over it.
I have been told the trustee has been notified and responded that they did receive the notice. I have not yet spoke to the trustee to verify they have postponed the auction. I do not know how long it is postponed. Many things will effect setting a new date. As a rule they said 30 days is normal.
I have many concerns about the modification. I will hope for the best and continue to pack.
AUCTION STILL PLANNED
I called the trustee this morning.... Their system shows the sale is still scheduled for June 1, 2010. The file is on hold, but nothing else. They have been givin no further instructions from Nationpoint. Until told other wise nothing will be changed.
AUCTION STILL NOT CANCELED
I called the trustee this morning and was told the sale will not be canceled until Tuesday. That everything is still on hold. As long as it is still on hold Tuesday they will cancel on Tuesday.
Some how I am to trust the people who caused this, who never gets a fax, uses magic math and pulls numbers out of the air..... I'm suppose to trust them not to sell my house.
New Escrow Analysis
I called nationpoint/homeloan services today. They verified that there is no sale date in their system. I told them I wanted them to be aware that the trustee still has it listed online as being auctioned tomorrow. If it is sold they can not say they were not aware of it.
I was told papers were sent to me on the 25th for a "in house" modification. I can also go online and down load them. I will wait until I get the ones sent. Forms are useless without directions.
They said that the HAMP was ran thru the NVP. I asked about getting a copy of the results. They said I can fax a request in and gave me a fax number. The papers I got on Saturday also gave an address. With their fax history I will mail my request. I have to figure out exactly what to ask for so I get the full report, not just bits of info. I have 30 day to request this.
Based on the papers I got Saturday I will have 15 days to fill out the forms that I have not yet received. That's 15 days from when I get them and they know I have not gotten them as of today. On that same page it also said I had to get the information to them by July 3rd. I made a point to tell her I could not do that if I have not gotten them.
I have been changed from one negotiator to another. The first did HAMP mods, the new one does "in house" mods.
The papers I got Saturday did say they will not hold the auction as long as they are working with us. Then on another page said they will hold it. It also said to keep making our normal payments. I have no clue what that even is.
The last escrow analysis is the 'correct' one, well it matches what they say is in their system. It does not match the acct information that is online. It also has no logic to it.
Let the games continue.... does anyone know what inning it is?
UPDATE
Friday June 25th I found out our HAMP request to modify our loan was DENIED. We were turned down because our 'current' payment is lower then 31% of our income.... now it is. Our "current" payment is not the cause of this, it is not the problem. The $1450 payments are what caused this. The illegal additions to our payments is what caused this.
Another new Sale Date.
Based on the website the auction has been postponed until August 4, 2010. According to Nationpoint-Home loan services there is no sale date. Either they are lying to me or they are lying to me.
Nationpoint mailed me their reply to the HAMP modification, which was that it was denied. It also said they were sending papers to be filled out and that I had to contact them before a set date. I did as the letter said. I was told the papers were sent on the 25th but I never got anything.
July 1, 2010 I received a call from the new negotiator. She would be looking at the in house modifaction. She asked for new proof of income. Had incorrect information or was looking at the wrong things. Her goal was to get it approved and have a payment from me by the 23rd. After all this time they suddenly want to push everything thru.
I am allowed 30 days to request the results of the HAMP. I planned to do just that. The fact that they want to push things thru now bothers me. Why the rush now after they have been dragging their feet all this time.
I have been delayed in getting her the proof of income... this will be the third time I have given it to them. We had a small house fire. We were lucky and damage was minor.
Minor or not it has been a lot of work. If Nationpoint does auction the house on August 4th as is advertised online repairs have to be done by then. I am obligated to make them. '
The damage to the house with the pending auction leaves me open for other legal problems if not handled right. All problems are related to nationpoint. My fear that they could take the insurance money and not do repair prompted me to request Allstate handle things differently. I requested that they not release funds to me or the lender. Instead I asked that they work directly with the contractor and pay them directly. They agreed. I at least now have that peace of mind that the house will be repaired and I am not left with additional legal problem.
Nationpoint was notified of the fire.
Our house goes to auction in two weeks... today I just now became aware of the following.... check it out.
Homeowners Offered New Tool in Battling Fraudulent Banks
http://www.blueoregon.com/2010/10/homeowners-offered-new-tool-in-battling-fraudulent-bianks/
REVENGE OF THE HOMEOWNERS Homeowners Demanding Mortgage Notes in Light of Bank Screw-Ups
http://www.seiu.org/bigbanks/