Getting information

7 Replies

I have 2 other posts on this site regarding trying to get things sorted with my home. On October 1st, I filed bankruptcy to stop the foreclosure sale on my home. You can get all of the details from my other post, https://www.biggerpockets.com/forums/105/topics/14...

I have 2 questions and I am hoping someone can answer them for me. 

First off, is there anyway to find out, the exact number that the bank was going to start the bidding at, at the auction? 

Second, is there anyway to find out what this current lender paid my original lender to purchase this loan? SLS bought it from Bank of America after B of A settled with me for unfair lending practices. Before I got rid of the guy that really did nothing to help me in the 3 months he was hired, he said that SLS had mentioned that they only needed $198,000 to get their money out of my home, which makes me even more curious as to why they have not agreed to any of my cash offers which have been well above that and well above the value of the home. 

If you can help me find answers or point me in the right direction, I would appreciate it. My home is located in Las Vegas, NV. 

Regarding the first question: You need to find out who the Trustee is. Then go on their website and look for your property. If there is an opening bid it will be marked. Most properties however do not mark the opening bid until one day or just before the auction. 

Regarding the second question: I don't think it matters or is relevant what the lender paid. The opening prices at the auction often don't make sense / have nothing to do with the amount owed. 

My house is not scheduled for auction nor will it be because of my Chapter 13. I am however, still trying to work out a payoff with the new lender, which is why I want to find out how much they bought my loan for. 

Is there a way to find out how much they paid for my loan?

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Don't think so.  Those are private transactions.  @Dion DePaoli  do you know?

While you are in bankruptcy, there is the concept of "automatic stay" to stop the collection activity. Some servicers are reluctant to engage in activities that might be construed to be collection activities while bankruptcy is ongoing. Negotiating payments might be construed in that way. 

Your BK attorney should be verifying the payoff, all you need to do is call them and ask what the payoff is, if the give some song and dance, send a letter registered mail return receipt requested asking for the payoff as of a certain date in the future, like at the end of the month or in 30 days, they are required to give it to you.

There issue, is fees unknown to them, like attorney fees/trustee fees,, they will need to pin that down before they can arrive at a total amount due.

Your second question is irrelevant to you as nothing is related to that price, really, not even your negotiations and it was probably very close to PAR, the balance as banks sell retaining or selling the servicing, they don't really buy at discounts as note investors do, they are looking at a block of current yields and servicing fees.

I suggest you get the place sold, the BK is only buying time. Good luck :)

I read this thread and the entry on the other thread.  Situations like this can be very frusting and often times what drives the actions and decisions made by the Mortgagee will not make sense to most folks.  

Since the OP has filed BK, as Bill points out, the Mortgagee will have to make a claim on the BK plan for the amount due.  The BK plan has the OP reaffirming the debts to the Mortgagee and thus, those debts must be entered into the plan.  This will include the principal due, interest arrears and advances.  Once the Mortgagee files their proof of claim, you might be able to use that to review and perhaps challenge the amounts due.  There is not a high chance any reduction happens.  That said, it is worth looking in to.  Knowing those facts, it is important to note, as a BK 13 with a reaffirmation of the loan, the OP will have to either make their mortgage payment (scheduled payment) to the Servicer/Mortgagee on top or with the BK payment.  The BK plan will at the least create a plan to catch up the interest arrears and advances.  That is the point of the plan to some degree.  If a mortgage payment is missed the Mortgagee will likely move to be removed from the Stay order, meaning they will be able to resume collection and resolutions with the borrower and the property.

I picked up on some discontent toward the prior servicing.  Perhaps those folks were not the greatest to deal with for the hoops you jumped through, etc.  The Servicer can not both offer you relief through a potential modification and also pursue foreclosure.  It sounds like there may be some incompetence on their behalf (or so perceived).  I would suggest the OP take a look at the Consumer Financial Protection Bureau (CFPB).  A compliant can be filed if the OP believes she is being treated wrong and the CFPB will do an investigation.  This works 'better' for the OP here (meaning other readers may not work well) because the BK is present staying the collection process.  I am not implying CFPB can be used as a tactic to stall collections or enforcement.  

As Bill mentioned as well, there is zero chance of learning the trade price for the loan.  I have an inclination from some of the details here the loan itself was not sold only the Mortgage Servicing Rights.  Being right or wrong about that or knowing the price has no affinity to anything here.  Even if the loan sold/traded for $1.00 that does not diminish the obligation owed by the Borrower or the fact the property secures that obligation and can be used to recover all contractually obligated funds including principal, interest and advances and fees.  Save your energy and simply let this idea go.  Complete waste of time.

Like I mentioned above, the BK plan will flush out the amounts due.  If the Mortgagee fails to respond properly to the request, after a written request, you have grounds to file a complaint with the CFPB.  If it elevates to that, trust me you will get your numbers in a very short amount of time.  The reality here is you have arrived in spot where this will now work itself out by the nature of the actions you are taking with the BK.  So trust in the process and fall back on CFPB if you feel you need to.  That is what they are there for being paid with tax dollars, so use it.  Good luck.

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