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pending foreclosure...misunderstanding

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mkathyf

Member
What is the name of your state (only U.S. law)? Ohio
I am actually writing because I am trying to help find some answers/directions for my brother's girlfriend. (she is in the process of finding an attorney, but there may not be any time to react)

Situation: 2 years ago she applied for a loan modification.
Immediately after applying, her lender put her taxes in escrow...without notifying her, causing her payment to go up @$200.00 (They said it was policy)
After processing all the paperwork, she received a letter (Bank of America) that "congratualtions you have been accepted for loan modification" She was to be on a 3 month trial period, before it became permanent. They gave her the new monthly payment, and she began making payments, as usual.
*Receives a letter that she completed the 3 month trial period...fill out the enclosed papers and return. She did.
*She continues to make her "new" payment, but calls each month for several months because the old amount still shows up on her statement. She is told that it some times takes several months and that she was fine and to continue to keep making payments. She did.
*Finally, after another call, she was told they never received the final signed paperwork and to resubmit. But, she never received the paperwork.
*Fast forward after many months of phone calls: last week her June check was received from Bank of America, stating that she had not been making complete payments for the past year and that they would expedite foreclosure on Nov. 27!!!!!! Even though they had accepted her payments, they had told her to continue with those payments and never sent her a notice to the contrary.

*a realtor showed up at her house last week, stating that he was sent by Bank of America to offer her a short sale.

Now, she has less than 3 weeks to try to fix this or she will loose her house. They told her to reapply, but could not guarantee that the paperwork would be processed quickly enough.

Never missed a payment....only sent the "new" payment amount, because that is what she was told to do. Now, she can't seem to get anyone to return her calls or even work with her on this.

Any suggestions, other than "get an attorney" (which we're working on)
 


HUD-1

Member
Have her talk to a HUD approved housing counselor: http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=OH

They can represent her interests to the lender. They have contacts at all the servicing lenders and should be able to sort out where she stands. Also, she could approach her elected officials.
 

mkathyf

Member
Thank you. I will pass that information along to her. I know she has contacted someone in government at the state level (can't recall who)...and they put her in touch with some comptroller, whom she spoke to over a week ago...said her would call her right back, and has never returned her call, to date.

Thank you for your input.
 

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