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Problems with Mortgage company - Need Advice

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Anonymous
Not applicable

Problems with Mortgage company - Need Advice

Hello everyone,

First let me give you a little back story. In March 2014 I fell behind on my house payments and received a past 30 on my credit report. I know ouch but it could not be avoided. I was able to make the April payment but was still 30 behind so I got another past 30 for April.

At this point I reached out to my mortgage company to see if I could refinance or get a forbearance setup as this was all the result of reduced income.

Before I go deeper into this let me tell you this company is the worst in regards to communication. They NEVER answer the phone and you always get voicemails. On top of that the voicemail boxes are often full and you rarely every get calls back. So once I found some email addresses I started emailing to keep a paper trail

.

On May 5th I sent them everything they requested to evaluate my account for refinance or forbearance.

After everything was submitted I kept getting crickets on what they wanted to do with my account.. After various calls and emails..

 

May 23rd I received the following:
"Because your loan is an FHA, we have to service it according to the guidelines. The only type of deferment would be like a forbearance of some kind, and the shortest term with that is 3 months. Once the 3 months is up then we normally look to recover the deficiency with a  repayment plan or a modification. I’ve established why the modification wouldn’t be beneficial, and for a repayment plan you have to have certain type of surplus to be able to handle the recovery payment amount."

 

That day I told them via email that I wanted to setup the repayment plan. At this point I have a past 30 for March and April so anything I could do to get this to stop damaging my credit I am all about. I waited a few days to receive the paper work and nothing. I emailed them again asking for an update on the paperwork to start the repayment program. I called and called and emailed and emailed. No one would return my emails or messages. I even informed them I now had two months’ worth of payments but was not sure if I should be sending them in because of the repayment program setup that was pending.

 

On June 13th I received the following reply.

"We are still evaluating it for the forbearance. We are currently working on it. Because of the surplus you made me aware of we are working to see how a repayment plan would work out. I will let you know when I hear something.

Per our conversation, Since you have the funds ready, just wait until our evaluation is complete. Touch base with me next week and hopefully ill have an answer for ya"

 

The same day I sent them this:

I was under the impression it was in effect already so I had not made my April payment yet as I was waiting for the forbiddance payment schedule.

That being said can you please give me a call so I can process the April payment with you?

 

From that point on no one replied to a single email or voice message I left for them. On August 14th I finally received the repayment packet info and sent in the down payment money they requested and signed the documentation and sent it next day air for delivery.

 

While all this was going on here is the damage they did.

March Past 30

April Past 30
May Past 60
June Past 60
July Past 120
August not reported yet

 

Considering they told me to not pay my account in June should they be allowed to report me for the past 60 in June and past 120 in July? Or even the past 60 from May since that’s when I started the processes I was directed to use by them?

 

I have since called and sent emails about fixing the credit issues from this mess and no one is replying to me again. Surprise. Surprise.

What’s the best way to clean all this up? Advise please!!!

 

Thanks!

 

Message 1 of 4
3 REPLIES 3
StartingOver10
Moderator Emerita

Re: Problems with Mortgage company - Need Advice

Actually, the servicer only reports the payments as they are made on the loan. Sometimes there are errors.

However, the pattern you described is exactly how many servicers put the borrowers into default.  They are not supposed to tell you not to pay. But as you found out, some still do. The foreclosure track begins once you hit 30 days...but is not actively persued until you hit 90 days. At 120 days the servicer has probably put a lis pendens on your property already.

 

The loan is now 120 days past due. Do you have the four months of payments to pay?  Even if you do, they may not accept the four months and probably require payment in full (loan acceleration).

 

The 120 day status is considered the same as a foreclosure for credit reporting purposes.

Usually by now, or soon, you will be served your f/c notice. Check the public records to see if a lis pendens is recorded on your home yet

 

You can sell your home - short sale if the mortgage exceeds the value. Or seek a loan elsewhere to pay off this loan -extremely difficult given your description of the circumstances.

 

 

Message 2 of 4
Anonymous
Not applicable

Re: Problems with Mortgage company - Need Advice

I am currently under the repayment program as of August 14th and they are not foreclosing. At this point I am trying to see if I can have the lates removed that were after the point they told me to stop paying.

Is it even legal to tell someone to stop paying while tacking on more lates to my credit profile? Considering I would not be as late if they would have just let me pay?

 

Thanks!

Message 3 of 4
StartingOver10
Moderator Emerita

Re: Problems with Mortgage company - Need Advice

This is the temporary modification, right? Not the permanent one?

 

Set aside funds to pay the full amount at the end of the temp mod. I have fequently seen the servicer deny the permanent mod and request the unpaid portion between the temporary reduction in payment and the full payment. If you don't have it, then you don't have it, but that is when I see the property then go right to f/c. Be very, very careful during this modification process.

 

As to legality, an attorney could answer your question better than I could.

Message 4 of 4
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