My neighbors finance company won't talk to us

My neighbors finance company won't talk to us

Portland, OR · Member since 2016 · 17 posts · 1 vote

Good afternoon,

I am trying to buy or assume my neighbor's home loan from, what looks like to me, a sketchy finance company. Originally we thought they were just the debt collector but they served him papers for a judicial forclosure claiming he owed them almost double what was remaining on his principal due to back taxes and home insurance payments that I highly doubt they have been paying. My neighbor declared bankruptcy about 4 years ago and thought that the house was no longer his and planned on living in it until the sheriff came to kick him out. I should mention he is a very nice old man who gives up easily, so when he tried sending mortgage payments to 3 different companies and had his checks returned he gave up. I went with him to his lawyers office who helped him with the bankruptcy and he said that my neighbor has until the sheriffs sale to sell the home or move out, implying to me that he could still sell the home.

We tried finding out who serviced the loan and who owned the loan through our county records department and even they said that the chain of custody of the loan was unclear and unfinished, likely due to the fact that the title company, servicer, and mortgage company that owned the loan all went bankrupt within the last 10 years. Now this finance company is proceeding with a judicial foreclosure and have sent letters stating their intent and have even left a name on the bottom of the letter with no phone number or email. I have also tried calling the lawyer that's representing the finance company from out of state and left a voicemail saying I want to reach somebody with authority with the finance company they are representing so I could buy the home, but I received no reply. When I call the finance company I get their main call center who sometimes cannot even find my neighbors property in their system, other times they can. I tell them I want to purchase the home at my neighbors address and they tell me I need to go through their REO department who 'have no phone number' and must be contacted by email. I have emailed multiple times with no reply, and have called the call center multiple times asking to be forwarded to their REO department with no luck. I'm trying to reach an account manager to negotiate a sale price, what they're claiming is owed is more than the market value of the house.

I should also mention that my neighbors lawyer seems to think that he is no longer eligible for our state's foreclosure avoidance program because they never went and got help years ago when the finance company would have sent them letters for it. I won't make excuses for my neighbor, he just tells me he thought it was no longer his home to  save after the bankruptcy anyway.

Can anyone think of anything else I could do? Long story short, my neighbor wanted me to assume his loan at 180k but would also be wiling to sell me the house if I could get the finance company to agree to a short sale, but they won't talk to us.

Thanks for reading.

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Investor · Los Angeles, CA · Member since 2012 · 1k+ posts · 500 votes
8y

Have you sent in an authorization letter? Servicing company's won't talk to non borrowers without permission from the borrower. Also, why are they telling you to speak to the REO Department? This would mean the home is already foreclosed on typically.

Sounds like you need an authorization letter, you need to confirm who currently is on title, and then you would probably need to attempt a short sale. Also, very unlikely you will be able to assume the loan. 

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  • Investor · Los Angeles, CA · Member since 2012 · 1k+ posts · 500 votes
    8y

    Have you sent in an authorization letter? Servicing company's won't talk to non borrowers without permission from the borrower. Also, why are they telling you to speak to the REO Department? This would mean the home is already foreclosed on typically.

    Sounds like you need an authorization letter, you need to confirm who currently is on title, and then you would probably need to attempt a short sale. Also, very unlikely you will be able to assume the loan. 

  • Portland, OR · Member since 2016 · 17 posts · 1 vote
    8y

    Thank you for your reply. The first time I tried contacting them I was on speaker phone with my neighbor in the room and he verified his identity to them and asked them to speak with me. That seemed to appease the phone operator until I asked to speak with an account manager about buying the home and he told me that's handled by the REO department. I will try an authorization letter. Is this usually a formal document that each lender has their own version of or is it something I will have to draft up and have him sign to send in?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y

    The “finance co.” that filed the foreclosure IS the company that owns or services the loan. As @Brett Goldsmith mentioned they can Not talk to you without the proper authorization form executed and submitted (would you want your mtg company talking to any random stranger that called in about Your debts?).

    No, you won’t be able to assume the loan, it is 10’s of thousands in arrears. 

    And yes, all those extra fees are real. 

    If you qualify for loan at the market price of the house then go thru the steps necessary to try s short sale....they will require it be listed. Shirt if that it is a total waste of time. 

  • Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    8y

    Have your neighbor get ahold of the company that holds the mortgage (assuming this has been attempted). If he's unable to speak with someone then have your neighbor contact the FTC. Having the FTC involved would likely result in the finance company returning correspondence to the neighbor.  

  • Portland, OR · Member since 2016 · 17 posts · 1 vote
    8y

    My neighbor received a letter from the finance company informing him that in 60-90 days the foreclosure will occur and the home will be turned over to HUD. He has been given a chance to appeal for extra time to stay in the home for medical issues, which he will do given that he recently suffered two heart attacks and his wife has an autoimmune disease causing her to become slowly paralyzed. I have family that is willing to purchase the home with cash, but not for the amount the lawsuit is filing for. We will try to call again tomorrow, it's frustrating because we have both tried calling the servicer multiple times for months and cannot get anybody to speak with us.

  • Lender · Ladera Ranch, CA · Member since 2014 · 1k+ posts · 1k+ votes
    8y

    @Sven D. Your neighbor can sell his house at any time by entering into a purchase agreement and going into escrow. If the house is underwater, which sounds like it's the case, there's no way to force the lender to do a short sale. Typically, lenders will require a borrower to list the house on the market through a real estate agent in order for them to accept a short payoff. The lender wants to make sure that they recover the largest amount possible. If you continue to try to buy the house in the way that you've been doing, you'll probably continue to get frustrated. Call center employees usually know what's in their "box" and often times aren't completely knowledgeable about what happens in other departments.

    Your best opportunity to buy the house appears to have your family member show up to the Sheriff's Sale and bid on the property. Be sure to check title before you do so and educate yourself on the risks of buying at Sheriff's Sale. This is your best chance to buy the property at the best price. If the property reverts back to the bank as an REO, the property will most likely be listed by a real estate and you'll have to compete with all the other buyers out there.

  • Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
    8y
    Originally posted by @Sven D.:

    My neighbor received a letter from the finance company informing him that in 60-90 days the foreclosure will occur and the home will be turned over to HUD. He has been given a chance to appeal for extra time to stay in the home for medical issues, which he will do given that he recently suffered two heart attacks and his wife has an autoimmune disease causing her to become slowly paralyzed. I have family that is willing to purchase the home with cash, but not for the amount the lawsuit is filing for. We will try to call again tomorrow, it's frustrating because we have both tried calling the servicer multiple times for months and cannot get anybody to speak with us.

     The only way you are buying the property is to pay for it via cash or a loan, assuming it's not already foreclosed on. As Wayne pointed out, you aren't gonna assume it. Your family won't be purchasing it either unless they pay the total debt owed, cash or not.

    It's a spinning of the wheels to think you will be able to talk sense on the phone to a servicer. You are trying to put a square peg in a round hole. if it's worth more than what is owed, make an offer, open escrow, pay for it and its a done deal. If its worth more than what's owed and you just don't want to pay that much, well, move on to the next deal because you aren't going to get what you want. If it's worth less than what's owed, try the short sale route If property is not scheduled for sale within the next 37 days. If not, have the borrower (Not you) ask the servicer for a loan mod package.

    There isn't a lot of strategy to employ here based on your original post.

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