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Forums » Get Foreclosure Help - Help Stop Foreclosure Forum » Has your bank denied your loan modification request?

Has your bank denied your loan modification request? Subscribe to Has your bank denied your loan modification request?

23 posts by 14 users

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Residential Real Estate Agent · Long Beach, California


I'm passing along a request from a reporter who would like to interview borrowers who have tried to get a loan modification but their bank rejected them or their bank is not answering the request after months of trying. (She does not want to talk to loan modification consultants.)


Property Manager · Passaic, New Jersey


Shari, don't know if this would be of interest but I have a co-worker who has a unique experience. Of course she contacted me just recently for advice after the fact. She became delinquent 4/07 and repeatedly contacted Countrywide for three months requesting a loan modification. When her husband found a new job in July 07 she tried again. Repeatedly Countrywide told her no to a loan mod. She gave up. She stopped paying the mortgage and the property was foreclosed in mid-2008. She moved and rented an apartment since she had no other hope. Her home was listed for auction in 9/08 and did not sell. Countrywide I suppose in the interim sold the loan or property as an "asset backed security?" to BNY. Well life went on for her, obviously heartbroken. Suddenly last week she receives a letter from Countrywise offering her a loan mod. They offered her in writing an interest only loan for 10 yrs, lowering the interest rate from 7.75 to 4.87 and tacking on the $50K in unpaid payments, escrow payments, legals etc. to the back end of the loan!! The house is now worth about $200K, she paid $275K with initially $255K financing. If she accepted this deal her new loan balance would be $305K. I can't believe how screwed up some of these lenders are.


SFR Investor · Scottsdale, Arizona


Shari, I have a client that I'm shorting his house due to a prolonged attempt by himself to modify the loan and getting turned down. I'm sure he wouldn't mind speaking about it. I can get him in contact with you if you'd like


Real Estate Investor · Mission Viejo, Cape Coral, California


Shari, I to have a story. After about a year waiting on the bank, this investor/friend is treating it as a business decision, which it should be. Bought the house for 300 has a current value, around 100 and can only get 950 a month for rent. Costing him around $2000 a month to keep a tenant in. The bank with all their wisdom can have it!


Real Estate Investor · Wheat Ridge, Colorado


I don't get why that's the bank's fault, John. Has the rent dropped from $3000 when he first bought it? I suspect not. This seems like this was a speculative plan when you friend bought it. Had it gone up to $400K, he'd be singing all the way to the bank. Since it fell instead, the bank is expected to take the loss?

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor


I'd be curious if anyone has been successful forcing a loan modification by using the "prove the note" strategy.


Real Estate Investor · Mission Viejo, Cape Coral, California


"I don't get why that's the bank's fault, John. Has the rent dropped from $3000 when he first bought it? I suspect not. This seems like this was a speculative plan when you friend bought it. Had it gone up to $400K, he'd be singing all the way to the bank. Since it fell instead, the bank is expected to take the loss?"

I did not blame the bank. But the media/banking industry. They are touting all over about loan mod, They have their bailout money for this, another bill is being passed to give the banks .80 insurance on all losses. I am working with non performing notes. Yesterday it all dried up on the resi side because of the insurance. The banks do not give a rats about the home owner. They are profiting from these upside down loans, at the borrowers expense. I know all about responsibility, so do not go down that road. If everyone says and sells loan modification, and the bank is being paid for their losses, and still does not want to help the owners. I say give it back. As for the banking industry PUT UP OR SHUT UP. This house I am talking about is in Lee County, If you watch the news Obama was there yesterday saying how much he is going to do for the home owners. A person buys into this and thinks someone really cares, until the bank responds and says "you do not qualify" In my eyes there is no loan mod program. Just more political BS.


Real Estate Investor · Mission Viejo, Cape Coral, California


That is why this topic is called ...
[ Has your bank denied your loan modification request?]

Not, Lets have another happy story.


BiggerPockets Founder · Denver, Colorado


Originally posted by Matthew Gil
I'd be curious if anyone has been successful forcing a loan modification by using the "prove the note" strategy.


I'll second that. Anyone?

Small_bplogo20aJoshua Dorkin, BiggerPockets, Inc.
E-Mail: webmaster@biggerpockets.com
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Be sure to check out the BiggerPockets Blog at http://www.BiggerPockets.com/renewsblog/


Real Estate Investor · Mission Viejo, Cape Coral, California


Josh, please explain the "prove the note" strategy

Thanks in advance


Real Estate Investor · Wheat Ridge, Colorado


Forcing the foreclosing lender to prove they have the note and have the authority to actually foreclose. The claim that in the process of all the CDO/CMO/SIV slicing and dicing the original notes are lost, and that ownership of the loan is really unknown. Its often the servicer who starts the foreclosure rather than the note holder. The theory is the servicer doesn't actually have any legal standing to foreclose.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


SFR Investor · Scottsdale, Arizona


I heard of a guy who was able to pull that off for 2yrs.

I'd like to hear more about these strategies


Real Estate Investor · Mission Viejo, Cape Coral, California


Thanks Jon, That is what I thought, Just have not heard it called "prove the note"
Nick, google Miami for this type of law suit. It used allot in Florida. With very much Success.


Residential Real Estate Agent · Long Beach, California


John,
Your comments are exactly why I started this topic because the banks have got everyone brainwashed that they are trying to help, and that they are modifying hundreds of thousands of loans without mentioning that a modification can result in a higher payment.

For all of you that have a friend or client, or self, who is willing to be interviewed, please send me a private message with contact information and I will forward it to the reporter.

Ingrid, your story is ideal! It also happened to someone I know. So it probably happens fairly often.


Real Estate Investor


Originally posted by John Andre
Josh, please explain the "prove the note" strategy

Thanks in advance


Actually, I meant "Produce the Note".

http://money.cnn.com/video/#/video/news/2008/06/20/news.hunter.produce.note.cnnmoney


Loss Mitigation Specialist · Mesa, Arizona


Tell your friend to google loan modification complaints and any lender's name and she'll find tons of people willing to discuss their frustrations.

The client I just signed up this week tried to work with ASC, who is owned by Wells Fargo. He sent in the requested income and expense worksheet, and they told him he didn't qualify for a hardship modification because his expenses were larger than his income and he'd need to change that to show positive income. Well, that advice would get him denied a modification. Whether they did that out of ignorance or malice I don't know, but it' scary when your lender is giving you advice that will cost you your house. As it stands now, he should get a meaningful reduction in payment, hopefully a full $1K off. [I do business mostly with California, and the average person I talk to is inverted by more than $150K]



Greg
I went through the same issue with the same bank ASC they gve me the same answer... Go figure.
I also heard that other banks like JPMorgan Chase are offering loan mods for people regardless of who there loan is currently with.
Does this sound right for anyone?

Thanks


Rehabber · Santa Clarita, California


John,
Your comments are exactly why I started this topic because the banks have got everyone brainwashed that they are trying to help, and that they are modifying hundreds of thousands of loans without mentioning that a modification can result in a higher payment.
No question Shari! Isn't that the truth. What they are also not telling people is that the default amounts are often placed on the back of the loan, increasing the principle, not reducing it.
The only way I know a homeowner can be successful at this is to find some major violations in RESPA and especially TILA so that they have some ammunition to fire at the bank to restructure the loan.

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


Real Estate Investor · Mission Viejo, Cape Coral, California


Shari~how is this working out for you. If people are responding you should have colums to write about.


Real Estate Consultant · New Jersey


In response to GHall. Chase will do loan mods for Chase, WAMU and EMC (previously Bear Stearns) loans only. Chase owns all these banks now.




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