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Loan modification / Delete

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Stugotsv10
Frequent Contributor

Loan modification / Delete

Helping a Family member with Credit repair.

 

He has a loan modification, part of the dea with his loan mod was they will remove all late payments from credit (since they did not allow him to make payments while the loan mod was ongoing) they never did, now they are stating "we don't do that" 

 

what do you guys think?

 

how should I challenge this?

 

Thanks

Message 1 of 8
7 REPLIES 7
bass_playr
Established Contributor

Re: Loan modification / Delete

First, loan mods are usually a very bad idea.  There's a huge problem in the mortgage industry with these loans---there's no paper.  Meaning, the original note, which was supposed to be safeguarded like their lives depended on it, no longer exists for millions of loans.  That in itself does not make the loan go away, but it does open you up to major problems.  For example, I've been fighting my own mortgage battle since 2010.  Between 2006 and 2013, the original creditor "sold" my note at least six times that I know of.  Let that sink in a minute.  Imagine you owned a car, and wanted to sell it.  So, you sell it to me.  A year later, you have no authority to sell that same car to someone else---it's not yours anymore.  But that's what happened all too often.  There are literally multiple copies of my "original note" out there, and so far, I've learned of six separate sales...within the past 4 years, there have been five different entities--including the original lender still trying--all trying to claim they were the holder of the same note, and trying to enforce it.  It's not legally even possible....and it is fraud.

 

You can see the massive problems that this produces.

 

So anyway, the loan mod was, at least in part, designed to cover up that problem.  You see, once you agree to a loan mod, you create a brand new contract between you and the party offering the mod.  Notice that there's nothing in that agreement that guarantees that the party you're entering into a mod with even has the legal authority to modify your loan!  

 

But I digress...I could take up your whole day if I don't stop myself now.  The question you asked is a lot more common than you may think.  The issue is one of evidence.  Does your friend have anything in writing, or any recorded phone calls(if that's legal in their state)?  If you have no evidence that they promised to remove lates from the credit report, you have no way to force their hand.  It becomes your word against theirs, and when that happens, they will win that battle.  If you have any evidence, anything in writing, where they promised to remove lates from the credit reports, let me know, because that's different.  But unfortunately, many of these pretender lenders will promise nearly anything to get you to take a loan mod.  Once you sign that paper, they can take that to court and use it as all the proof that's needed to foreclose.  That's a big deal because with so much fraud having taken place in the mortgage business over the last 15 years or so, legit evidence that they do hold the real note is usually nonexistent.  So, homeowners think they are getting help---what they are really getting is a fast track to foreclosure if they do not pay on the loan mod.

Message 2 of 8
Anonymous
Not applicable

Re: Loan modification / Delete

That was an excellent, if sobering, reply. Thank you.

Message 3 of 8
bass_playr
Established Contributor

Re: Loan modification / Delete

Thanks....it's been my 8 year long nightmare now....though I guess it's one of the things I can truly call my own lol

 

Loan mods are usually just a trap.  For one thing, if you have not paid in so long, getting you to pay in some places restarts the SOL for them to be able to sue you.  Second, getting you to pay them on the account is evidence that they can point to in front of a judge and say, "See, your honor?  He admits to owing us on this account, he even PAID us on this account, so all of his disputes about this account are pointless...."  I've personally known people who went into court trying to bring up legit disputes, only to have the court ignore them completely--"because they paid".

 

I even know someone dealing with Bank of America on their mortgage.  You'd think that loan mods were there to help make the payment more affordable for the borrower, right?  WRONG....this person got a loan mod offer from BofA that actually INCREASED their monthly payment by just under $300....no kidding....

Message 4 of 8
Stugotsv10
Frequent Contributor

Re: Loan modification / Delete

Thansk for sharing that.

 

Yes he does have it in an email from the "Home preservation specialist" 

 

This is wells Fargo BTW

Message 5 of 8
Stugotsv10
Frequent Contributor

Re: Loan modification / Delete

My question would be, who do we show that too?

Message 6 of 8
bass_playr
Established Contributor

Re: Loan modification / Delete

hang on a sec.....a "preservation specialist" sent you an email saying that they would remove negative reporting?  And now the same people are claiming that they do not do that?  

 

Wells Fargo is known for being one of the most deceptive in this business.  I don't want to come off as too nosy, but would you be willing to forward the email to me?  I'd love to see exactly what they said in it.  Also, is the person that emailed that the same person who's now saying they do not do that?  

 

 

Message 7 of 8
Stugotsv10
Frequent Contributor

Re: Loan modification / Delete

Sure I can dig it up.

 

no its a different person, they switch people in that department like we change socks lol

 

It was answered because I asked the question DIRECTLY!!

Message 8 of 8
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