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Early CAIVRS Removal

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jennvkerr
Member

Re: Early CAIVRS Removal

Just got this email... apparently I have to be patient! I wasn't aware of all these FACTS!

 

From HUD:

 

Let’s take a step back so you can understand what a CAIVRS hit is. 

 

FHA cases show on a CAIVRS report for the following reasons: 

  • There is an active delinquency in which the case is reported to HUD as at least 3 months past due.
  • There is an active foreclosure.
  • A claim for insurance benefits was paid out within the past 3 years on your case by HUD to your mortgage servicing company.  This 3 years begins at claim payment not at foreclosure sale.

 

CAIVRS receives no data on bankruptcies, reaffirmed debt, discharges, foreclosure sale dates, or credit bureau reporting.  It’s just a database full of delinquent government backed debt.  Because your case is delinquent and because it’s insured by FHA/HUD, it gets put in there. 

 

Servicers are REQUIRED by the Code of Federal Regulations to report delinquencies and the status to HUD on a monthly basis, and we in turn report to CAIVRS per a Congressional mandate.  

 

Sending some sort of dispute to the mortgage servicer isn’t going to help you here.

 

Emailing everyone you can find also isn’t going to help you here, since as you can see, you are getting different answers and told to go all over the place. 

 

We submitted your case up to the office that processes the CAIVRS suppressions on 4/21/2015.  If that hasn’t been communicated to you, then I apologize for that. 

 

Since we don’t process these suppressions in our office anymore, we have to stand in line with the rest of HUD for this to be reviewed and processed, and right now, that’s taking some time. 

 

You are going to have to patient at the moment, and unfortunately, that’s the best we can tell you. 

 

Do you have a closing date scheduled?

 

 

Thanks,

 

{Edited to remove personal information}

Program Director

HUD’s National Servicing Center

Office: 405-609-8414

 

Message 101 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal

Not sure what to make of that email. From what I was told, if you case goes for review, that usually happens on a Wednesday. Once you receive a ticket number you can check with your specialist (every 4-5 days) or call 877-622-8525 for an update. Every time I called the 877 number the reps were extremely helpful. I know being patient is hard to save when youre going through it but be patient but persistent. It took 2 ½ weeks to clear my CAIVRS. Stay positive.  

Message 102 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal

I also e-mailed them and got the same e-mail response. So I called HUD @  877-622-8525 and got the best and final results. I live in California so Im not to sure about the 10 month thing, but what I referred to was Attachement 4, example #6 as grounds of my lender not being compliant with HUD's regulations. 

 

I hope everything works out for you all.

 

Message 103 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal

Just as a clearification.  CAIVRS is a federal database that lists any person that has defaulted on a government loan such as  FHA Mortgage, VA, Student loan and any others. For an FHA foreclosure you will be on the CAIVRS list for 3 years from the time HUD paid your lender off for the FHA loan. The problem is that most Loan Officers aren't aware of this. They think its from the time that the Lender took posession or Trustees Deed was filed in the Lenders name with the county of the foreclosed home. So whats been happening is people go into contract thinking they are safe from the County information then when underwriting checks the CAIVRS thats where the issues arise. If you are seeking a conventional loan then non of this matters. But most people only qualify for an FHA 3 yrs after a foreclosure so your CAIVRS will be checked at underwriting. MY SUGGESTION IS TO EDUCATE ANYONE THAT HAS HAD AN FHA FORECLOSURE ABOUT CAIVRS...AND HAVE A PRE QUALIFING LETTER FROM YOUR NEW LENDER, NOT A PRE APROVAL LETTER BEFORE LOOKING FOR A NEW HOME. 

Message 104 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal

OK so I am getting ready to call the 877# and open a ticket tomorrow. I am thinking I should cite Example #6 (maybe other EX too) bc the deed was put in US Bank's name on 5/31/13 but my eligibility date is 10/25/16 which means it was not reported to HUD until Oct right ?(so 5 months later, that would be a breech there right?) Also our sheriff sale was postponed 3 times originally set for 10/12/12 then 2/8/13 then finalized on 5/31/13. This has just dragged on for soooo long our original default date was back in Aug 2011 but we tried to do a loan modification and deed in lieu (unsuccessfully, partly bc the "lost" our loan mod. paperwork 3 times or said it was never received it !!) so they officially pursued foreclosure starting in June 2012. Are they within the limits of their timeframe?

 

I know that is a lot of different dates and confusing information but just want to make sure I say the right things or find any possible loop holes I can with anything that US Bank may have done wrong!! Any feedback or advice before we call is so appreciated, I feel like I have 1 chance to get this right!! PLEASE HELP!!!

 

I have looked over the Mortgage Lender Doc best I can it is all very confusing to me, I am in IN (which states a 10 month timeframe? For what exactly?) Sorry and thanks to you all for helping us through this!!

Message 105 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal

"you will be on the CAIVRS list for 3 years from the time HUD paid your lender off for the FHA loan."

 

Yes, this is true BUT...there is a "reasonable" amount of time given to Lenders to file the claim and a "reasonable" amount of time for HUD to pay it.  The policy has always been that the three year time frame starts when HUD pays the claim.  In our case, our lender took a year to submit the claim to HUD and then HUD took a year to pay it.  When contacted using the email address on the first page of this thread, HUD back dated our removal date from CAIVRS as technically we would have been on CAIVRS for 5 years.  We were well past the 3 year mark at that point so we were completely removed.  

 

Message 106 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal


@Anonymous wrote:

OK so I am getting ready to call the 877# and open a ticket tomorrow. I am thinking I should cite Example #6 (maybe other EX too) bc the deed was put in US Bank's name on 5/31/12 but my eligibility date is 10/25/16 which means it was not reported to HUD until Oct right ?(so 5 months later, that would be a breech there right?) Also our sheriff sale was postponed 3 times originally set for 10/12/12 then 2/8/13 then finalized on 5/31/13. This has just dragged on for soooo long our original default date was back in Aug 2011 but we tried to do a loan modification and deed in lieu (unsuccessfully, partly bc the "lost" our loan mod. paperwork 3 times or said it was never received it !!) so they officially pursued foreclosure starting in June 2012. Are they within the limits of their timeframe?

 

I know that is a lot of different dates and confusing information but just want to make sure I say the right things or find any possible loop holes I can with anything that US Bank may have done wrong!! Any feedback or advice before we call is so appreciated, I feel like I have 1 chance to get this right!! PLEASE HELP!!!

 

I have looked over the Mortgage Lender Doc best I can it is all very confusing to me, I am in IN (which states a 10 month timeframe? For what exactly?) Sorry and thanks to you all for helping us through this!!


(so 5 months later, that would be a breech there right?) 

I don't believe so.  HUD gives lenders a "reasonable" amount of time to file claims.  In Texas it is 6 months.  

 

my eligibility date is 10/25/16

Appears to me to be a correct date.  



Message 107 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal


@Anonymous wrote:

OK so I am getting ready to call the 877# and open a ticket tomorrow. I am thinking I should cite Example #6 (maybe other EX too) bc the deed was put in US Bank's name on 5/31/12 but my eligibility date is 10/25/16 which means it was not reported to HUD until Oct right ?(so 5 months later, that would be a breech there right?) Also our sheriff sale was postponed 3 times originally set for 10/12/12 then 2/8/13 then finalized on 5/31/13. This has just dragged on for soooo long our original default date was back in Aug 2011 but we tried to do a loan modification and deed in lieu (unsuccessfully, partly bc the "lost" our loan mod. paperwork 3 times or said it was never received it !!) so they officially pursued foreclosure starting in June 2012. Are they within the limits of their timeframe?

 

I know that is a lot of different dates and confusing information but just want to make sure I say the right things or find any possible loop holes I can with anything that US Bank may have done wrong!! Any feedback or advice before we call is so appreciated, I feel like I have 1 chance to get this right!! PLEASE HELP!!!

 

I have looked over the Mortgage Lender Doc best I can it is all very confusing to me, I am in IN (which states a 10 month timeframe? For what exactly?) Sorry and thanks to you all for helping us through this!!


You stated in your previous post 2013 and in this post 2012.  It hasn't even been 2 years yet ???  You will be on CAIVRS for 3 years regardless.  This forum is for "inaccurate" reporting and how to remove it.  

 

"Our Sherriff sale was on may 21st 2013 and it was recored (US Bank took back title and possession) at the clerks office on May 31st and then the CAIVRS was filed in the system as of Oct 24th 2013"

Message 108 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal

judygirl

Yes i am sorry that was my mistake our final sheriff sale was 5-21-13 i must have mistyped that so it is coming us on 2 years but only bc US bank grossly mishandled our acct and dragged it all out so much longer than it needed to be! 

 

But regardless I thought it states in the Mortgagee Letter Doc that they have 30 days from taking back possession to report to hud and our bank waited till Oct/(is this correct?) pushing everything back even further 

 

PS: i will edit my original post so there is no confusion, thanks

Message 109 of 432
Anonymous
Not applicable

Re: Early CAIVRS Removal

It does sound like Example #6 is where they were not in compliance since your lender took possesion 05/2013 but HUD didnt pay until 10/2013.But I would ask HUD to review the entire file, since the Lender is required to submit "reasonable cause" on  specific forms to HUD indicating why certain time frames where not met. You wouldn't know if your lender was in compliance since its in HUD's file.  

 

Good Luck

Message 110 of 432
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