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peter g
    01/28/09 at 11:35 AM
  Reply with quote#141

yes we asked our lending to modify our note, this took place in Jan of 08 after our rate changed and we could no longer afford it. they changed us to a fixed rate of 6% for 30 years. we did go through a 90 forbearance plan no biggie just made 3 monthly payments at the new rate, they also did a dept cancellation of around 6K. it lowered our payments below the original amount so we could afford to stay in our home. funny this was the first time i called some guy told me to bad maybe it was time to just move out and rent somewhere, i didn't like that answer so i hung up the phone and called right back and got another person on the line and it was like night and day, now i say got right back on the line but it was more like and hour plus on hold both times but it was worth it
not going to believe it but the company was ocwen!
Litton spokeswoman
    02/04/09 at 05:20 PM
  Reply with quote#142

The Associated Press: Congress considers changes to mortgage aid program

Wheel
    02/05/09 at 10:39 PM
  Reply with quote#143

Yes I have got 2 countrywide Loan Done.1 with the investor New York Bank.
No Principle Reduction that's all most in possible just got a  rate reduction for 5 years.The other 1 was countrywide Home Loan Bank as the investor add 10 years and lowed the rate for the full 40 years
Tom
    02/06/09 at 06:01 AM
  Reply with quote#144

Ok, so here's a new twist on loan modifications. I haven't posted here much, so first the scenario. I'm in court for foreclosure with a company that I'm 99% sure doesn't own my loan. The Magistrate has sent us to mediation to "try to work something out". The servicer is Green Tree and the reason I state that is because the last lawyer change that took place put Green Tree's attorney in the drivers seat. I'm not going to negotiate the modification since all of my pleading to this point have not yet persuaded the judge to make them prove they own the note and mortgage so who knows if they own it or not.

Anyway, yesterday I received a letter from Green Tree that was very interesting. It is RE: Your Mortgage Loan Account # ..... It states that they as the servicer of my loan are notifying me of a collaberative effort between the owner of my loan and Lend America under the Governments new HOPE program.

That all sounds interesting enough except for the footnote noted after the phrase "owner of your note" which at the bottom states "Green Tree is not affiliated with either the owner of your note or Lend America".

So now I have 2 questions. Can I use this in court since the footnote states they are not affiliated with the owner of my note? And since they admit they are not affiliated with the owner of my note, how can they have standing to persue the action before the court?
Moose
    02/06/09 at 06:49 PM
  Reply with quote#145

Quote:
Originally Posted by Tom
Ok, so here's a new twist on loan modifications. I haven't posted here much, so first the scenario. I'm in court for foreclosure with a company that I'm 99% sure doesn't own my loan. The Magistrate has sent us to mediation to "try to work something out". The servicer is Green Tree and the reason I state that is because the last lawyer change that took place put Green Tree's attorney in the drivers seat. I'm not going to negotiate the modification since all of my pleading to this point have not yet persuaded the judge to make them prove they own the note and mortgage so who knows if they own it or not.

Anyway, yesterday I received a letter from Green Tree that was very interesting. It is RE: Your Mortgage Loan Account # ..... It states that they as the servicer of my loan are notifying me of a collaberative effort between the owner of my loan and Lend America under the Governments new HOPE program.

That all sounds interesting enough except for the footnote noted after the phrase "owner of your note" which at the bottom states "Green Tree is not affiliated with either the owner of your note or Lend America".

So now I have 2 questions. Can I use this in court since the footnote states they are not affiliated with the owner of my note? And since they admit they are not affiliated with the owner of my note, how can they have standing to persue the action before the court?


This can't be looked at as legal advice, but there may be some wiggle room in their definition of "affiliation" in terms of liability. It appears to be protective boilerplate that goes on all such letters, and courts seem to be content with letting them make those kinds of "oversights" in the normal conduct of their business.

But you should run it past your attorney - if nothing more to point out to the court that one hand may not know what the other is doing.

Moose

Tom
    02/13/09 at 05:39 PM
  Reply with quote#146

Ok, since this thread is about modifications I thought I'd enlighten you as to what you have to look forward to in a court appointed mediation in Ohio.

Today we went to what was titled a "Pre-Mediation Conference". Basically the mediator explains to the defendants what it is that they do, what they are allowed to do and not allowed to do, and what the next steps would be if both parties agree to pursue mediation. All pretty much straight forward. They also explain that they are there for any questions we may have regarding the mediation process.

But don't ask any questions or they'll get pissed. When the lender stated that they needed all kinds of financial information and a hardship letter in order to qualify us for a modification I simply asked why since we had already qualified for the mortgage and had more income. The lender stated that without the information they would not modify the loan.

I reminded the mediator that the court had sent us there to work out a solution and never mentioned qualifying us for a modification. She stated that the court would need most of the information for it's records anyway. So I said if we are conducting qualifications, please have the lender produce the original note and mortgage so that we are sure they are qualified to modify the mortgage.

Holy hell! You'd have thought I shot JFK...

The mediator broke out on a tangent trying to assure us that her and the court were absolutely sure the servicer had the proper credentials to represent the holder of the note and mortgage. I said are you absolutely sure that they are representing the true holder? The lenders attorney got bent and shouted "if there's questions of legality maybe we should be back in court and not mediation, and let me state we will not come back to mediation willingly". I looked him dead in the eye and said lets go back big boy, I don't mind. The poor guy only knows what he has been told and has no idea of the depth and breadth of my evidence against the servicer and alleged owner.

Well, then the mediator calmed everyone down and we finished off our little meeting with the pretense of trying to work something out. When we go back I'll report on how exactly they handle defendants stipulations for a modification. We may want to have the national guard in the hall for this next one.
arkygirl
    02/13/09 at 05:45 PM
  Reply with quote#147

Tom, you are now on my "Hero List".

Good going. Maybe you can make their heads explode next time....

4 Justice Now
    02/13/09 at 08:04 PM
  Reply with quote#148

Tom,

You've truly made my day! I can't wait to hear more. Arky, I think their heads would more likely implode than explode...  you know, because of all the vacuum up there.

Thanks!

4J
ksu
    02/13/09 at 09:15 PM
  Reply with quote#149

Tom,

I agree with the other two YAHOO...In all seriousness though there was a case here in MO. Not sure where your located but the case  was the same for Greentree as many others. The name for the greentree case is Rhonda Lewallen should be the western dist of mo. Which is the Kansas City area.

I find while state law diffrenitates things to some degree most complaints are still fed law. And fed law trumps state law. So anyway good luck...Good to hear some good news for a change.

Peace,

Kathy
Tom
    02/14/09 at 03:34 AM
  Reply with quote#150

Thanks for your support all. If it weren't for sites like this and people like you all, I would have never had a chance or the knowledge to defend myself and my family. I think the important message is that even though we all take the time to read and learn about what is taking place in the courts of our towns and cities, there is still a majority of people in the system who do not.

The poor mediator looked at me like I had two heads when I asked her if she knew for sure they owned the note and mortgage and no one else would have the right to come after me later. She was so sincere and I believe she truely believed what she was telling me. Unfortunately with all I have read over the past year, her and the attorney have no idea what is going on and obviously don't follow the Ohio Supreme Court cases over the last year.

I will not take my son next time though. He's 6'-4" 340, and when I told the attorney let's go, I thought my son was going to tackle him in his chair...hahaha. I'm sorry guys, I have a sick sense of humor. When I know I'm right, I'll do whatever I have to to prove it, and I'll enjoy it. I may win, I may not, but I'll be right. I'll keep you posted. At least people will know what they have to look forward to.
O -
    02/14/09 at 09:32 AM
  Reply with quote#151

Best of Luck Tom, you might take them or send them a few videos or cases that Mr. Roper and others have found.

Pooling Fraud
    02/14/09 at 10:12 AM
  Reply with quote#152

Quote:
Originally Posted by O -

Best of Luck Tom, you might take them or send them a few videos or cases that Mr. Roper and others have found.

Do You Know Who "Owns" Your Mortgage???
Cape Cod Today - 16 hours ago
When the case started, he represented Ameriquest Mortgage, which made the loan, Ameriquest Servicing, which serviced the loan, and Washington Mutual, who had purchased the loan.

krsrepos
    03/03/09 at 02:14 PM
  Reply with quote#153

PAGE 1.well 8 years ago I was self employed my company generated about 1 mill a year I had a credit score of 720 and $130.00.00 in equity in my home ...well since the beginning of our loan its been messed up like the wrong info on my wife ss# occupation & income also my name was not put on the loan when we jointly applied .we were also told that we will be able to get our payments lowered and fix everything after 6 months all lies. well when the time came we wanted to lower our payments and do a refy I wanted to lower my payments and pull 16.000 out of my equity for my  companies insurance .that’s when things got real bad we found out about the pre penalty fees they stopped talking w/me and wouldn’t take my payments well

I was then looking for another mortgage co to take over my loan and got approved for 1 @6% with $40.000.00 cash out by this time I needed it.thats when me and the other mortgage co asked for a payoff we had 6 weeks to get it and complete the signing with the new mortgage co needless to say we never got it (the payoff amount) witch cost me that loan and some of my credit and my company no ins no work the whole time I was getting phone calls like what do we have to do to keep you as a satisfied customer and were working with you to straighten this out ect.i then went  back to ameriquist in braintree ma were we  signed and talked with gineene bland who was very helpful she got me in touch w/the office of the president @amc and once again got me approved for a loan all they had to do @ this point is the paper work through the office of the president now my credit was around 600 the guy justin told gineen in a 3 way  conversation that he  was going to  call me right back is that ok we both said yes .well he called me back 4 hours later 10 minutes before closing and said qoite I didn’t want to say nothing w/that b*tch on the phone but  this company is ripping off everyone that he and a friend that owns a mortgage company are taking all of ameriquist customers  and getting them great loans the people are so happy and that his friend will call me in the morning his friend Greg did call telling me that they have been stealing customers for a while with great results .I then called gineen back and told her what had transpired then I got a phone call from mike Justin’s boss claiming that if I tell him what had transpired he would personally see my loan through so I told him every thing    from the beginning and once I told him what company was stealing the work and who was responsible (Justin)I said that I just wanted to straighten my loan out not get people in trouble that’s when I realized I was on speaker phone and that mike had several employees there listening including Justin who said thanks for throwing me under the bus scumbag I started yelling back saying if you people would just do your job I would have my loan with another co. they all started saying stuff &laughing @me that ill never get a loan there going to take my house ect. when I talked with the a.g's office they were eager to help us only because Romney was running against Patrick for gov Patrick who I just tried to contact only to be told that he cant help me in any way by his assistant so I said what does he do for us citizens anyway and his assistant couldn’t tell me anything the governor does to help people ..Anyway he was on the board of ameriquist (owner) now they don’t really want to talk w/me since that time I was in contact w/a-generals and amc ameriquist who was very interested in helping me before.. I fall into the 325milion lawsuit and that’s great in 5  years but whets going to happen to my family in the meantime I have been in contact with ameriquist this whole time they say there going to make things right and over look credit  score and give me a loan but not my equity I got a letter from a lawyers office saying foreclosure so I called amc they always say don’t    worry about foreclosure I have them on tape saying that & there not doing that then I seen it in the paper still don’t worry its procedure they say then this morning imp taking my mother in-law to the hospital and some guy is in the driveway asking if my house is vacant yet I asked him who he was and he gave me a # with a fake name said that ameriquist sent him out to see if my house  was on the market @ one time I did list my house and was getting offers   Oscar burger @(amc)made me take it off promising me the loan so I can keep it another time to get me away from the attorney generals office Oscar burger sent me a discloser agreement   knocking $93.000.00 off my loan once I got away from the a-g they forgot all about it said it was a second loan for the equity .now they have fired everyone that was supposedly helping me 1 Oscar burger 2 Clyde botzner 3 Rebecca conti they have said in the past that I don’t work with them they cant reach me ect all lies I leave messages for them all the time...they never reported any of this to our credit agency in 2 years till just recently we need help and everyone should know whets happened to us the girl(Sonja sedano) that’s supposedly helping me @amc just told me not to worry about the foreclose again but couldn’t tell me a pay off or what I need to straighten out the loan…..now I pay close to 4000 a month have no equity & no credit & I did lose my company god bless America .now in march of 07 they called me and said they want to knock off $100.00.00 on my $376.000.00 mortgage if I work with wells fargo to buy them out I said ok when wells fargo wouldn’t call me  or Lisa cavin @ (fcc holdings) back she asked me to find my own guy to bye them out I contacted Jeff blais from (the mortgage group)Jeff got me a mortgage @ $240.000.00 June 2008 and PAGE 2. asked fci &fcc if they will accept that as a payoff they . said no so I called Joe sedano back telling him the loan I went for was approved @ 240 but fcc wont take it he said that he didn’t understand why fcc didn’t have me deal with Dan sweeny the guy that’s been getting all of fcc’s loans that he wanted to call me back he did stating that he has great news Dan sweeny will get the loan done and even better news got fcc to take a payoff of $180.000.00 on my home and sent me a copy of that pay off letter July 16 2008 and I said ok Dan sweeny called me and we got started after a while month or so he thought he had it done through a hard $ lender (eastern bank) eastern bank sent there own appraiser (George Brenner) to look @ the house and my living situation Dan sweeny told eastern Beth Yeager that I moved away from my wife & kids and that I rent to them as an investment property. so eastern denied the loan when they found out I live with my wife & kids I tried to get Beth to do it with me direct and Beth said that she can see I can defiantly afford it BUT with the new laws its impossible to write home owner occupied loans in my state and that ameriquist never reported payments history on my loan so she cant do it. I then went back to Jeff blais with the new payoff $180.000.00  he was mad that they didn’t take the $240.000.00 payoff he had done 1 months prier that he will try and get it done @ 180k and he did try and couldn’t that fcc let it go to long and finally reported late payments as of march of 08 this whole time I tried to get Joe sedano fci & fcc to get my re payment plan done  so I didn’t fall behind they kept telling me that I would be throwing $ out the window because im refinancing .now Im getting threatening letters about foreclose if I don’t come up with $65.000.00 within 90 days. and they don’t call me back .I think they cooked this new scam up to get me to be late again because I was paying 3000 a month on time and they make $ off the tarp ..im currently waiting to hear from citi bank it’s been a week now and there not calling me back. they are one of the banks that got some of the bail out  $ from obama and it turns out there the ones that hold my mortgage this whole time? They say that fcc are my investors?..........ALL I WANT IS THEM TO HONOR THE $180.000.00 PAYOFF AND SET PAYMENTS TO THAT EFFECT…..  I don’t understand how they can get away with all this crap over the years if I rip someone off on a car it goes to court and they get 3 fold when they prove there case . but on a home you can prove the mortgage vultures wrong and nobody does nothing makes no sense I caught them ripping me off over the years and proved it and I can still now .but yet they get away with it .im a guy that caught them lying on the original app and can afford my payment .. They just never straightened it out and don’t have to answer to no one.3/2/09 CALLED CITY  GAVE THEM THE ACCT # FROM FCI AND THEY HAD NO RECORD GAVE THEM MY SS# MY LOAN CAME UP AS FORCLOSED ALL READY STEVE EMPLOYEE #SS25554 ASKED ME TO HOLD ON SOMETHING IS WRONG CAME BACK ON SAID THAT CITI TOOK OVER MY LOAN 2/14/09 LOAN #’S 0152392700 & 0152374864 AND THAT FCC WAS INSTRUCTED TO SEND CITI MY PAPER WORK BUT DIDN’T YET THAT  ACC  IS MY INVESTER AND THEY HIRED FCI THE SERVICING COMPANY I CALLED THEM AND SPOKE WITH ANDY THERE HE SAID THAT HE WILL NOTE THE ACCT BUT WOULDN’T TELL ME IF ITHEY WILL RELEASE MY INFO TO CITI ON THE PHONE WITH CITI AGAIN THERE SAYING THAT THEY PUT IN FOR MY PAPERWORK  TO BE SENT TO THEM AGAIN AND HAVENT GOT A REPLY FROM ACC OR FCI THAT FCI IS PROBLY HOLDING ON TO IT BECAUSE THEY WILL MAKE $$ IF IT GETS FORCLOSED BUT WONT MAKE $$ IF THEY  SEND IT TO CITI WHO OWNS ITCITI IS TELLING ME THAT IT TAKES UP TO 3 WEEKS FOR THEM TO GET MY PAPER WORK AND A SUPERVISOR IS TRYING TO GET ITI SAID WELL WHAT HAPPENS IF THEY DON’T SEND IT & CAN THEY CALL JOE SEDANO AND TELL HIM TO BACK OFF THAT CITI OWNS THE LOAN NOW AND WILL BE WORKING WITH ME AS SOON AS THEY GET MY PAPER WORK ,CITI SAID THAT I JUST HAVE TO WAIT & THAT THEY CANT REWRITE MY LOAN UNTILL THEY GET THE HISTORY  FROM FCI IT IS MY FEAR THAT FCI & ACC DONT HAVE IT  well citi is going to contact joe sedano today and demand the paper work and tell fci that they have our loan now and to back off and stop forcloser  or contacting me /sending me letters & citi will call me back within 3 days

Smurf
    03/06/09 at 11:52 AM
  Reply with quote#154

I have asked 3 times to have my loans modify and they said no so now I am trying again with another housing counselor to see if they do this time.I even ask the bankruptcy judge that handle my bankruptcy but she said she did not have the power that if she did she would do it. Smurf

krsrepos
    03/06/09 at 01:18 PM
  Reply with quote#155

Has anyone been lied to by Joe Sedano @ FCI Lending? They're the servicing company for Ameriquest.(acc)  They tricked me into not making my payments with promises of refinancing with a lower payoff. all lies now they fci wont send my paper work to citi the holders of my loan been 4 weeks
KRSREPOS
    03/11/09 at 10:11 AM
  Reply with quote#156

ACC CAPITAL HOLDING WILL NOT GIVE ME A LOAN # AS THEY SAY FCI BOUGHT  MY LOAN IN FEB 08 JUST BEFORE THEY CALLED ME WITH FALSE PROMISES THE GUY THERE JOE SEDENO SAID HE WAS JUST A SERVICER FOR ACC ALL LIE�S I ASKED ACC FOR A COPY OF ALL MY LOAN INFORMATION SINCE 2000 AND THEY TELL ME THEY DON�T HAVE TO SEND ME IT THAT THE ORIGNAL LOAN DON�T MATTER JUST THE LOAN FROM 2007 ..I WAS TOLD BY A LAWYER THAT THEY HAVE TO HAVE & SEND ME MY ENTIRE HISTORY WITH THEM OR ANY STANDING MORTGAGE IS NULL INVOID

Mark Strohecker
    03/23/09 at 08:28 AM
  Reply with quote#157

Well i am as far as the sheriff sale.My house was to go up to be sold on March11th.On March 10 i presented a motion to stay the sheriff sale.It was granted based on the note and the federal relief.My mortgage is the losers EMC.They said i don't qualify right now but if i would put 1500 down and pay 470 a month for 6 months then they would consider it.It has been a week already and still have never gotten the 8 page agreement.I call to speak to the rep he is either not there or they have to e-mail him.I wiull post more about it later but need some input.Mark

krsrepos
    03/23/09 at 10:20 AM
  Reply with quote#158

mark you need to get proof get them to email or fax something in writing  try to keep a copy of everything i hope that you & your family get to stay in your home what is it a servicing co?that promised you the stay?
krsrepos
    03/23/09 at 10:43 AM
  Reply with quote#159

well as you all know im a repo man & i try to be honest and fair in my profession..well i have worked with the sheriffs and about 3 years ago they refused to serve replevin orders  because they claimed it was wrong it amazes me today that they wil continue to throw out family's but dont do cars maybe they feel thaty people need there cars for shelter .the sherrifs should refuse to do the evictions till all the mortgage co scams are out in the open were still finding illegal morgagers and servicing co's out there and there are no arrest's being made?? its amazing  
Mark Strohecker
    03/23/09 at 05:53 PM
  Reply with quote#160

Well anyone with EMC Mortgage?well i am and was just wondering if they are having any luck.I almost lost my home to a sheriff sale on March 11th.Icould have filed a bankruptcy but didn't.So i took on emc and there attorneys.I went to motion court on march 10 to present my mtion.One was about Obamas federal relief fund and the note.Produce it.Well they have till the 26th to do so.Well i was surprised and i was granted the stay of sheriff sale based on obamas relief.But having no luck so far.All they told me they would set up a repayment play with putting $1500 down and pay $470 a month for 6 months.And in the meantime they want to send a request in to have a modification and send my pay stubs,a hardship letter,financial statement,with expensives listed and go to the site irs.gov and print out a form 4506 whatever that is.But there is also the balloon payment.Whatever that is.DO I TRUST THEM ON THIS?IS THIS A SIGN THEY ARE WILLING TO WORK?Actually it scares me cause i have heard people doing this they pay there payments on time then go right back into foreclosure.Please i need some input and (HAS ANYONE ELSE HEARD OF EMC MODIFYING LOANS.AND SHOULDN'T THEY JUST TAKE UNDER OBAMAS PLAN?THEY PUT A $1000 DOWN AND A $1000 A MONTH FOR EVERY PAYMENT YOU MAKE.MARK

MARK STROHECKER
    03/23/09 at 05:59 PM
  Reply with quote#161

NO IT WASN'T A SERVICING COMPANY.IT WAS THE JUDGE OF THE COURT I AM NOT YELLING I JUST LIKE THE CAPS ON.THE JUDGE WAS WELL AWARE OF THE RELIEF.bUT THEY DID FINALLY FAX THOSE PAPERS TO ME TODAY AGTER ALL THE HELL I WENT THROUGH.BUT SOMEONE SAID NOW THAT I GOT THEM GET THEM FILLED OUT AND SEND THEM.THIS SHOULD GET ME AUTOMATICLLY HELP ME WITH A MODIFICATION ONCE THE PRESIDENT FINISHES TH E DETAILS.BUT I STILL AM NOT OUT OF THE WOODS YET.THEY SENT THE NOTE PAPERS BUT WERE NOT THE ORIGINALS THEY WERE JUST CLOSING PAPERS FROM ANOTHER MORTGAGE CO.I JUST DON'T UNDERSTAND ALL THISWHAT DO YOU THINK?

jason Coleman
    03/23/09 at 06:07 PM
  Reply with quote#162

Mark:

I think you need a lawyer. They are trying to screw you in court, and if you don't know the law, they can. The good news is that if you had a lawyer that they would be on the losing end of the deal.

I have seen people in your situation and it is not pretty. Don't let them take advantage of you. There are laws against treating you the way they are.

I have seen our lawyers get people's interest rates lowered, the payments lowered, and more. I have also seen them forgive the money you owe back, or arrears, and other crazy things. The lawyers I work for know their stuff, and they can help.

Please email me if you want to know more about how we can help. I'm not a lawyer, so I can't promise anything, but If you can answer some tough questions for me, I can promise to see if we can help you.


F-ingTC
    03/23/09 at 08:06 PM
  Reply with quote#163

Mark,
Have you seen this?

http://www.ftc.gov/opa/2008/09/emc.shtm

mark Strohecker
    03/23/09 at 08:31 PM
  Reply with quote#164

What is the Bear Stearns And EMC ssite about?Could i have been treated poorly?Someone e-mailed me this site but do not who.It was someone from here.I really just don't know what to do.The lawyers here don't know anything about this.And yes i need a good one to take care of my matter.They EMC are not even following Obamas law.With my income i should qualify instantly.But i am reprsenting myself so that makes me a ass.Imay have a lawsuit and may not.I should be put ight to a modification but they will take that $1500 and me make those payments for 6 months and pooped on me.More less foreclose on me again.But still gotta come up with the note.And why was i told to go to the irs.gov site and print whatever a 4506 form is?Please help me

Caroline57
    03/24/09 at 09:47 AM
  Reply with quote#165

Mark,
    EMC Mortgage has no authority to do loan modifications. I know. I'm in court with them now. You really need to get a lawyer. Where are you in Ohio? I have a really good lawyer. EMC will screw you left,right and sideways. DO NOT BELIEVE A WORD THEY SAY.
Mark Strohecker
    03/24/09 at 04:30 PM
  Reply with quote#166

Sue i do not have a attorney and need one.I sent you a e-mail with my number to call me.I don't normally do that but we EMC customers need to stick together.I have been doing so much i can't think straight.I have one from texas that called me.He wants me to fax him some documents.They charged me for my taxes,homeowners,etc.They doubled dip me.Look just call me please.I am no nut just someone who needs help on chaging info on the so called losers.Why don't they modify?I will at least take my 6 months more in my house till i can get someone to fight for me.Check your aol e-mail.And please call.                                                         Mark

GoodGoing!
    03/24/09 at 04:40 PM
  Reply with quote#167

Local man stops foreclosure with `Produce the Note’ - March 23, 2009

 

 

Mark Strohecker
    03/24/09 at 05:23 PM
  Reply with quote#168

The good going are you from the ellwood city area?

Digger
    04/05/09 at 01:57 PM
  Reply with quote#169

One Broker’s View on the Foreclosure Crisis

Robert L. from Dana Point California is a longtime mortgage broker and real estate agent and has had a front-row seat as the housing crisis has unfolded.

He shared his story via COP.Senate.gov:

I have been in Real Estate sales for 32 years.. I have been a Real Estate broker since 1984. I am proud of my record as I have never had a complaint lodged against my license. I sold houses, investment property, sold REO and now I'm working with people who are losing their homes…

[One story] that will always stick in my mind concerns an 84 year old man who could no longer work and his 80 year old wife. His wife had two jobs trying to keep their home. She would go to work in the morning early work until about 3:00 pm go to sleep and then work as a dispatcher late in the night. I think it was for the police department in her town.

We tried to get them a loan modification putting the 3 or 4 months they were behind on the back of their loan… The second lender was willing to help the 1st was not. They would not help because she could only find some of her medical bills to prove she was sick. She did have some but not the bill from the hospital were she had to pay her portion of the bill…

The lender was relentless, foreclosing on the couple and forcing them to move out in the middle of an Idaho winter…

Buddy Toth
    04/08/09 at 04:11 PM
  Reply with quote#170

Make sure you are Speaking with the Lender and Not the Servicer.
You have to understand, It costs less for the holder of the mortgage to modify it than to foreclose. On average there is  40% to 50% loss on a foreclosure and far less on a modification.

These mortgages were sold in  huge “mortgage backed securities” to “holders” which employ ” trustees” to administer o the loans

These holders are what are called “holders in due course” who are legally immune to many claims that youer may have had against the original lender.  The trustees use this as a way to avoid lawsuits and as the defense against counterclaims that homeowners may have against them.

But many of the things that have happened are so bad that the defenses go through to that holder.

These people actually think that they are safe from lawsuits, they also think that trustees will do the right thing and modify loans where it makes sense.

You have to understand this, in most cases the trustees do not lose money on a foreclosure as they have been paid already. The mortgagor  loses the money and there are too many  that own any mortgage backed security that they are not really capable of changing the trustee’s behavior.

So make sure you are dealing with The Actual Note Holder, Send Them A Qualified Written Request, Get A Loan Audit to find errors and force them to negotiate
Moose
    04/08/09 at 08:15 PM
  Reply with quote#171

Quote:
Originally Posted by Buddy Toth
Make sure you are Speaking with the Lender and Not the Servicer.


With all due respect, Buddy, the lender is no longer a part of the legal landscape UNLESS they still own the note and/or mortgage, which is rare.

Quote:
Originally Posted by Buddy Toth
You have to understand, It costs less for the holder of the mortgage to modify it than to foreclose. On average there is  40% to 50% loss on a foreclosure and far less on a modification.


Sorry, Buddy, but that's simply not true unless the mortgage is upside down.

Quote:
Originally Posted by Buddy Toth
These mortgages were sold in  huge “mortgage backed securities” to “holders” which employ ” trustees” to administer o the loans

Trustees don't have anything to do with administering loans. They contract that work out through Pooling and Servicing Agreements (PSAs) to mortgage servicing companies.

Quote:
Originally Posted by Buddy Toth
These holders are what are called “holders in due course” who are legally immune to many claims that youer may have had against the original lender.  The trustees use this as a way to avoid lawsuits and as the defense against counterclaims that homeowners may have against them.

But many of the things that have happened are so bad that the defenses go through to that holder.

Unfortunately, that's simply not true. If you can point to a case cite that made an investor liable for the acts of a lender we'd love to see it.

Quote:
Originally Posted by Buddy Toth
These people actually think that they are safe from lawsuits, they also think that trustees will do the right thing and modify loans where it makes sense.

Getting a trustee to modify a loan is the equivalent of herding cats. There are too many investors with competing agendas for a trustee to attempt to get them all to agree to modifications. That's why so-called modifications being done are little more than re-named forbearance agreements that protect the servicers' interests.

Quote:
Originally Posted by Buddy Toth
You have to understand this, in most cases the trustees do not lose money on a foreclosure as they have been paid already. The mortgagor  loses the money and there are too many  that own any mortgage backed security that they are not really capable of changing the trustee’s behavior.


Trustees neither make nor lose money on a foreclosure. They are paid to perform a supervisory/monitoring function on behalf of the investors. The mortgagor is again, out of the picture. The investors in the securities win or lose based on the tranche they bought into and the strip they decided to gamble on.

Quote:
Originally Posted by Buddy Toth
So make sure you are dealing with The Actual Note Holder, Send Them A Qualified Written Request, Get A Loan Audit to find errors and force them to negotiate.


Buddy, there is no legal requirement for a so-called "Actual Note Holder" to respond to a RESPA QWR even if you could identify one UNLESS they are the same party, as in a lender holding and servicing it's own pool. The only party that has to respond to one is the contracted servicer. RESPA does not apply to trustees.

And in the majority of subprime loans, there is yet another party, the insurer who will have an interest in how the PSA is enforced.

Quote:
Originally Posted by Buddy Toth
go to ********* for helpful ideas


Buddy - who do you recommend for "forensic loan audits?" There's lots of click-through ads on your site, but tell us which one you recommend.

Moose

Don
    04/09/09 at 12:02 AM
  Reply with quote#172

Isn't it a law now that they have to work with you? (In California, non-judicial at least):

California Civil Code Section 2923.6

(a) The Legislature finds and declares that any duty
servicers may have to maximize net present value under their pooling
and servicing agreements is owed to all parties in a loan pool, not
to any particular parties, and that a servicer acts in the best
interests of all parties if it agrees to or implements a loan
modification or workout plan for which both of the following apply:
   (1) The loan is in payment default, or payment default is
reasonably foreseeable.
   (2) Anticipated recovery under the loan modification or workout
plan exceeds the anticipated recovery through foreclosure on a net
present value basis.
   (b) It is the intent of the Legislature that the mortgagee,
beneficiary, or authorized agent offer the borrower a loan
modification or workout plan if such a modification or plan is
consistent with its contractual or other authority.
  (c) This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.


Moose
    04/09/09 at 09:33 AM
  Reply with quote#173

Quote:
Originally Posted by Don
Isn't it a law now that they have to work with you? (In California, non-judicial at least):

California Civil Code Section 2923.6

(a) The Legislature finds and declares that any duty
servicers may have to maximize net present value under their pooling
and servicing agreements is owed to all parties in a loan pool, not
to any particular parties, and that a servicer acts in the best
interests of all parties if it agrees to or implements a loan
modification or workout plan for which both of the following apply:
   (1) The loan is in payment default, or payment default is
reasonably foreseeable.
   (2) Anticipated recovery under the loan modification or workout
plan exceeds the anticipated recovery through foreclosure on a net
present value basis.
   (b) It is the intent of the Legislature that the mortgagee,
beneficiary, or authorized agent offer the borrower a loan
modification or workout plan if such a modification or plan is
consistent with its contractual or other authority.
  (c) This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.



That doesn't say they have to work with a borrower - it applies to all parties in a loan pool - as in the trustee/investors. You aren't in the pool - your loan backs the pool of securities.

The other problem is (b), above: "...if such a modification or plan is consistent with its contractual or other authority."

That contractual consistency is, in effect, the PSA and the "other authority" is FASB - the board that writes the tax law accounting rules the parties must follow regarding changes is the value of an asset (a loan) in a REMIC trust.

California can't change existing contracts nor modify FASB and Federal tax rules.

Moose


Tom
    04/09/09 at 05:47 PM
  Reply with quote#174

I was checking on my case and noticed 2 new entries on the Docket. Could someone explain what these mean, especially the second one? Thanks. Sorry for the caps, it's copy/pasted.

THE QUESTIONNAIRES OF THE LENDER AND PROPERTY OWNER HAVE BEEN REVIEWED. THIS CASE SHALL BE SET FOR A FULL MEDIATION BY SEPARATE ORDER. CLRDT 04/**/2009 NOTICE ISSUED

CASE MGMNT CONFERENCE SET FOR 05/**/2009 AT 03:00 PM. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF AFFIRMATIVE CLAIMS FOR RELIEF.IF A PARTY SEEKING JUDGMENT HAS FILED A MOTION FOR DEFAULT JUDGMENT AT LEAST 14 DAYS BEFORE THE DATE OF THE CMC, THE CMC WILL ALSO BE A HEARING ON THE MOTION FOR DEFAULT JUDGMENT. ANY CLAIMANT WISHING TO PROCEED ON HIS CLAIMS MUST TAKE AFFIRMATIVE STEPS TO PROSECUTE HIS CLAIMS BEFORE THE CASE MANAGEMENT CONFERENCE. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE.
Don
    04/09/09 at 05:52 PM
  Reply with quote#175

Hi Tom,

I found this on Google by putting in Case Management Review, but it may only apply for small claims stuff:

Case Management Conference

 

 

What is a Case Management Conference (CMC)?

 

A CMC is a meeting that takes place at the Court House. Attendance at this meeting is limited to the Judge, and the parties (the Plaintiff and the Defendant). If party has a lawyer representing him or her, the lawyer may also attend. This meeting happens after the Plaintiff begins the lawsuit by filing the Claim/Summons, but before the trial. Generally, the CMC is 30 minutes to one-hour long.

 

This meeting is not a trial and, therefore, witnesses do not attend at this stage.

 

 

Why Have a CMC?

        

         The CMC is a mandatory step in the Small Claims process for most of the civil claims filed. The purpose of this meeting is to try settling some or all of the issues in dispute before going to trial. This may mean that a trial is ultimately not necessary. However, if a trial is still needed, it might be shorter and simpler because some of the issues have been resolved at the CMC.

 

What Happens at a CMC?

 

            The CMC begins with the judge and the parties meeting together to discuss the case. In certain situations, the judge may even take turns meeting with the parties separately to discuss each side of the case. Exactly how a meeting proceeds may vary from case to case.

 

            During this meeting the Judge will give the parties input on their case, including:

 

·         the Judge’s assessment of the strengths or weaknesses of each party’s evidence

·         the Judge’s opinion of the statute or common law that might apply

·         the Judge’s suggestions for possible resolution

 

 

 

How Do I Prepare for a CMC?

 

            It is important to come to the CMC prepared to deal with your case. This means that you must bring all relevant documents with you. It is helpful if these documents are organized by date. Unless otherwise directed by the Court, all parties must attend the CMC and be authorized to settle the case. It is not sufficient to send someone on your behalf who cannot consent to a settlement.

 

 

Rules of a CMC

 

1.   The judge conducting the CMC will not be the trial judge so parties can speak freely.

 

2.   All settlement discussions are “off the record”. This means that if a trial is necessary, the discussions from CMC cannot be used by either party at trial.

This includes any of the opinions expressed by the judge on any issue.

 

3.      It is possible that there may be some points of agreement reached during the discussion. If so, the CMC Judge will advise the parties that these points will be communicated to the trial Judge.

 

 

What If The CMC Does Not Lead to Settlement?

 

If no settlement is achieved at the CMC, the matter will proceed on to trial. The date for the trial will be set at the CMC. At the trial, the judge may award certain costs if the matter could have been settled at the CMC but was not.

 

If the case must proceed to trial, the CMC judge asks the parties for certain information about the trial. This includes:

                 

·         The number of witnesses the Plaintiff plans to call.

·         The number of witnesses the Defendant plans to call.

·         The need for any expert evidence or expert witnesses for either party, including the expert’s name, occupation and title/position.

·         Will either party be getting a lawyer to represent them at the trial?

·         Are there documents that the parties must exchange?

·         How are exhibits going to be presented? For example, photographs are better than bulky engine parts or a can of paint.

·         Are there any special requirements? For example, a witness from out of town who wants to give telephone evidence.

 

The CMC judge will conclude the meeting by ensuring that each party receives an information package entitled “Preparing for Trial”. He or she will also give a brief explanation of the trial process and how to prepare.

 

Finally, the parties are free to continue settlement discussions on their own anytime after the CMC. If a settlement is reached, the Plaintiff should advise the Court in writing.


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