The other post is 32 pages long, and most of the info before the first 28 pages or so is no longer valid, or it is taking months to be handled. Here is exactly what I did to clear our CAIVRS, and have helped several others do the same. Do not even waste your time emailing FHA/HUD. Gather up all pertinent information, certified copy of prior deed transfer for the one you let go, BK discharge paperwork, your IDs and SS cards. You will need to provide a letter below formatted for your situation, and copies of all documents above to your local congressman. You can find him/her here. http://www.house.gov/representatives/find/
Go down to the office personally and meet with their liaison, you probably need this handled ASAP, give all documentation to your congressman and they will forward all of it directly to HUD HQ in DC for a review, bypassing all of the crap FHA tells you and delays.
You can get a copy of the deed transfer from the court clerk in the city or county your prior property was foreclosed on.
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On December 4th we found out a week before closing that we had a caivrs hit from a FHA home we walked away from in 2010. It was foreclosed and put into the banks name mid 2012 where it has sat ever since. Our case was a bit different than most posters here as the bank failed to ever file a claim, hence I was told by FHA when I called that my 3 year seasoning hadn't even started yet: 3.5 years later after it was formally foreclosed. I did some research, found this thread and an article posted by Adam Smith on the nationalmortgageprofessional board. That day I contacted the bank escalation department, emailed every FHA dispute email I could locate and went down to my congressmen's office and filed a complaint with them.
12.4- Filed complaints with everyone
12-7 - 12.11 I rec multiple phone calls from the bank and FHA that they were looking into my complaints but these things take time, FHA even went so far as to blame me for the delay which infuriated me.
12.14- I rec phone call from HUD national in DC from a 202 area code mentioned several times here, they cleared my caivrs based on the banks failure to file a claim in a timely manner. The researcher mentioned that my congressman would send me a letter within a week or two that my issue has been cleared.
Out of everything I did, going down to my congressmen's office is what fixed this for me. We closed on our house a couple days a go. From the time national HUD called me and told me they cleared it up until a few days ago, I was still getting phone calls from FHA and the bank that they were still looking into it. I told the bank escalation person that called me last that again tried to explain they were still working on it -- that this issue has been handled and cleared based on his companies negligence to handle business correctly, then told him to never call me again
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This is what I sent and provided my congressman.
DATE
YOUR NAME
YOUR ADDRESS
YOUR PHONE NUMBER
YOUR EMAIL
Dept. of H.U.D.
Attn: CAIVRS Appeals/Suppression
Reference: Previous FHA File: YOUR FHA #
Previous FHA Property Address: PRIOR ADDRESS
CAIVR Number: YOUR CAVIR HIT #
Dear Sir or Madame:
We are trying to obtain a FHA Loan but during the final underwriting process and 7 days before closing, we learned our name is listed on CAIVRS due to a previous FHA loan that was included in a discharged Chapter 7 Bankruptcy. The home was then foreclosed on. We kindly request the case to be reviewed by someone to make a determination on manually removing the CAIVRS alert for the following reasons. We believe we are unjustifiably reflected in CAIVRS due to the mortgage servicing company taking an excessive amount of time to file the initial claim for payment after the foreclosure sale. To date, three and a half years later, YOUR BANK has yet to file a claim. Important dates follow.
- Property was surrendered to bank on or about YOUR DATE
- Chapter 7 Bankruptcy filed YOUR DATE and Discharged YOUR DATE
- Property Trustee Sale YOUR DATE
Property sale date per YOUR County tax records YOUR DATE
- FHA claim for payment filed – Never to date
My file still shows in an open claim status. Mortgage Servicer YOUR BANK failed to follow HUD guidelines and did not meet the requirement to convey the property to HUD within thirty calendar days of acquiring possession and marketable title as required by 24 CFR 203.359.
I have attached the following documents for your review.
IDverification.pdf -copies of our drivers licenses and social security cards
TrusteeSale.pdf – copy of public foreclosure notice posted by attorney for Bank
address.pdf – property record as viewed on property appraiser website showing last ownership transfer of 6-12
discharge.pdf – Chapter 7 discharge papers
bkschedule.pdf- Complete Chapter 7 schedule.
Deed.pdf - Certified copy of deed transfer
In reviewing these documents, you will see that mortgage servicer YOUR BANK has failed to act in a reasonable and prudent time frame. They have taken an excessive amount of time to process the foreclosure and have failed to file an insurance claim—if they even intend to file one at all as the reasonable amount of time by published HUD requirements has passed by more than three years ago. It would be unfair to penalize us for 5.5 years due to factors outside of our control, and the negligent handling of our foreclosure by YOUR BANK
Thank You for your consideration.
YOUR NAME
