Mortgage modification after BK

[mmeter]

This is all new to me but I'd like some advice if possible.

My husband and I filed BK in 2005 and signed reaffirmation for car and mortgage. It caused no hardship. Just old debt.

We refinanced in 2000 b/c my husbands job didn't pay him for 6 months and thought we would lose the house. It was a predatory lending situation but we didnt know and were desperate.

We called our mortgage company to refinance but they don't have that dept anymore and said we could not modify b/c we didn't reaffirm.

I have copies of the what we signed along with the envelope our lawyer sent to the lender. The lender claims they never received the reaffirmation so it was never filed with the courts.

They're telling us they can't and won't do anything with us at all. We are paying 12% interest and it can't go below 10%. its an ARM which we were unaware of.

Our income has decreased b/c of economy and got a little behind but are catching up.

Does anyone know if there is anything we can do?

I filed a complaint w/ the attorney general's office and waiting on paperwork from lender, but they aren't sending it. We lost our mortgage information.

We can afford to keep the house the loan is 83,500, just need a lower interest rate to make it easier. We pay 10,000 a year in interest. We can't refinance b/c no one will take us in this market.

Any ideas?

[cheekybegr]

Hi - We have a similar story, they will not do anything to help, did you ever get any help from your states attorney



I'm worried sick 3 kids under 7 and recently served foreclosure paperwork, here is my tale woe.
Purchased new construction in 06 home lost $64k in 18 months filed for Ch 7 April 08 discarged July 08 we told judge we wanted to keep our home and signed reaffimation paper work and mailed it to GMAC. In November 08 things got tight and we got behind on Mortgage we saw ad for 877 995 HOPE. We called HOPE and they told us we qualified for a loan mod they sent a letter to GMAC and a copy to us and explained to sit tight nothing will happen until 90-120 days behind. We started to work with Loss mitigation, who recently told us our loan was never reaffirmed as it wasnt filed, because they had no reaffirmation on file we couldnt get a loan mod (fannie mae loan). This was the first we heard that it wasnt reaffirmed we had no reason to beleive otherwise. They then served us foreclosure paperwork (3 weeks ago).
They explain there is nothing they can or will do, we either reinstate loan $15k to reinstate back to the original terms or walk away. I dont know why they are doing this we believe we can afford to stay with a mod and might be able to scrape up enough to reinstate (with family loan) but they will not budge.
Time is ticking court dates are scheduled - what can I do?

[Flamingo]

Hi - We have a similar story, they will not do anything to help, did you ever get any help from your states attorney



I'm worried sick 3 kids under 7 and recently served foreclosure paperwork, here is my tale woe.
Purchased new construction in 06 home lost $64k in 18 months filed for Ch 7 April 08 discarged July 08 we told judge we wanted to keep our home and signed reaffimation paper work and mailed it to GMAC. In November 08 things got tight and we got behind on Mortgage we saw ad for 877 995 HOPE. We called HOPE and they told us we qualified for a loan mod they sent a letter to GMAC and a copy to us and explained to sit tight nothing will happen until 90-120 days behind. We started to work with Loss mitigation, who recently told us our loan was never reaffirmed as it wasnt filed, because they had no reaffirmation on file we couldnt get a loan mod (fannie mae loan). This was the first we heard that it wasnt reaffirmed we had no reason to beleive otherwise. They then served us foreclosure paperwork (3 weeks ago).
They explain there is nothing they can or will do, we either reinstate loan $15k to reinstate back to the original terms or walk away. I dont know why they are doing this we believe we can afford to stay with a mod and might be able to scrape up enough to reinstate (with family loan) but they will not budge.
Time is ticking court dates are scheduled - what can I do?

Did you check with the attorney handling your BK to see if there was a copy of any reaffirmation paperwork in your file or any indication that it was sent in? Did you go through all your former BK paperwork for any indication of that information? A letter from your attorney to GMAC might help if you did, in fact, reaffirm. Hopefully someone has copies of the reaffirmation paperwork you stated you signed and sent into GMAC.

[mmeter]

I have called my attorney, and I have copies of the reaffirmation we signed, however the mortgage company said they never received it and refuse to do anything about it.

I have contacted the attorney general's office. They need a copy of the mortgage info, however I can't find it and I requested copies from the lender and they have not sent me anything. I have contacted them 3 times and spoke to the supervisor. Nothing has been sent. I don't think they have it anymore. I'm going to contact the AG office and tell them what is going on.

[Flamingo]

I have called my attorney, and I have copies of the reaffirmation we signed, however the mortgage company said they never received it and refuse to do anything about it.

I have contacted the attorney general's office. They need a copy of the mortgage info, however I can't find it and I requested copies from the lender and they have not sent me anything. I have contacted them 3 times and spoke to the supervisor. Nothing has been sent. I don't think they have it anymore. I'm going to contact the AG office and tell them what is going on.

Sounds like your mortgage was sold off. Also, it was probably your attorey who sent in the reaffirmation paperwork so a letter from him should do the trick. Who handled the settlement on your house for the mortgage? Was it an attorney or did the mortgage company arrange for everything? If it was an attorney of your choosing, they may have a copy of all your mortgage paperwork. When it comes to paperwork of that nature, always place copies in a safe place (mortgage papers, settlement papers, deeds, wills, birth certificates, etc.). Some documents you keep permanently and never destroy; those fall into that category.

[mmeter]

Sounds like your mortgage was sold off. Also, it was probably your attorey who sent in the reaffirmation paperwork so a letter from him should do the trick. Who handled the settlement on your house for the mortgage? Was it an attorney or did the mortgage company arrange for everything? If it was an attorney of your choosing, they may have a copy of all your mortgage paperwork. When it comes to paperwork of that nature, always place copies in a safe place (mortgage papers, settlement papers, deeds, wills, birth certificates, etc.). Some documents you keep permanently and never destroy; those fall into that category.

It was sold off several times and is now back with the original lender. The mortgage broker arranged everything. Unfortunately if was predatory lending. I had copies of all the important papers but we moved and it got lost in the move. It was a really bad time for us. We filed bk in 2005, would a letter from the attorney still do the trick or is it too late? Tne lender will do nothing for us whatsoever.