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05-30-2014 05:44 AM
I took a shot in the dark and this is what I sent in.
I foreclosed on a property in September of 2009, the FHA claim is still active on my CAIVRS report. Can you update my file and have it removed.
Case Number ***-******
It took a week and this is what I revieved back.
I was just reviewing the information. The default reporting and case history shows it was first reported delinquent by Taylor Bean and Whitaker. Then the servicing was transferred to Bank of America. We have seen many of these old TBW loans that had huge delays as TBW collapsed and Bank of America took over the loans. The CAIVRS rule is that a foreclosure claim must remain in the system for three years from the claim paid date under normal circumstances. The claim was paid on your loan on 7/15/2010. Three years from that date would be 7/15/2013, however we do recognize the TBW situation was not normal and delays in the foreclosure process outside of the borrowers control may have occurred. What I have reviewed shows the timeframe in which the claim should have been submitted by. Our records show the interest we paid in the claim was curtailed to 2/1/2010. Any delays after that date in processing the claim we normally consider the servicer’s fault and not the borrowers under normal circumstances. That brings me to suppression (clearing) of the claim on the caivrs system. As it has not been three years from 2/1/2010 yet, the claim will have to stay on the system for now, but I most likely will be able to clear it on or after 2/1/2013, just a month away. I will have to have my supervisor review the situation when he returns later this week to be sure I can suppress the claim on February 1st.
Hope this helps.
06-26-2014 08:01 AM
I am so glad I found this forum with this email address! I had a foreclosure in 2010, but Bank of America didn't file the claim with FHA until 2013. My lender prequalified me for a loan without checking CAIVRS, since it has been more than 3 years since the date of my foreclosure and I have the foreclosure deed as proof, but at underwriting I came up on the list. I emailed them Wednesday night, 6/24 and heard back from them yesterday morning. They are waiting for the guy who handles CAIVRS supression to be in the office tomorrow, but they said they would let me know when it had been removed. I hope tomorrow it really does go through smoothly. We were supposed to close on our home tomorrow, but we are delaying till next week hoping this will be resolved quickly. I don't understand how FHA can hold borrowers responsible when they have no control over when the banks file claims, and they don't set a limit on how long after a foreclosure they can file the insurance claim. My lender said she had never seen this much of a delay in her 40 years of being in business. I still am not sure why they didn't check CAIVRS till the week before we were supposed to close knowing ahead of time I had a foreclosure. Praying this all gets sorted out and we don't lose this house. Worst case scenario, even if we lose this house, I hope HUD can take me off the list so I'm not blacklisted from buying a home for 2 more years.
06-26-2014 09:00 AM
Our CAVRS was removed the next morning from the time my lender emailed them. I pray all goes well, we are moving into our new home and hope you get your new home soon. We waited 3 1/2 years for this day. It is a blessing to be a homeowner again. I think you will be good to go. Glad you found the forum
07-13-2014 02:29 PM
07-15-2014 11:43 AM
What I have seen is when the bank delays the posting on your file after foreclosure, is when they will amend your file. Example: They Foreclosed in January and didn't file until August. That is when the Government will adjust your file.
I don't think that there is a rule on when a bank must foreclose, so if they did in 2014, then that is when the file will be updated with a foreclose. And you will not be qualified for another govt. backed loan until 2017. If they were supposed to foreclose as part of the bankruptcy, then you may want to contact the judge or your attorney.
So if you argument is with the Bank and the Bankruptcy agreement, I don't think this tread will help that much.
07-16-2014 09:57 PM
Hi, I am in a similar situation and I know its been a few months for you. May I ask why they totally removed you cavirs file? Had it been past 3 years? I pray the same can happen with mine
07-17-2014 05:23 AM
The issue was that the bank took their sweet time filing the paperwork. They should have done it in February and they waited until the fall to file it. Since that was not my fault, the Government back dated it to the day that they paid out on the claim, which was February. So I still had to wait 3 years. Just three years from the actual claim data, and not when the Bank decided to file the paperwork.
07-17-2014 06:17 AM
It had been 3+ years since the foreclosure, but not three years since the insurance claim on the house, but our lender emailed them and asked if they could help by removing it since it wasn't our fault that BofA took so long, and they emailed us back the next day and said they would have it removed the following day. Hope it all works out for you.
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