Letting house go

[Gabriel_S]

Well this forum has been an absolute lifesaver for me. Huge thank you to everyone that has responded/helped!

Anyways I sent in my modification papers to BoA a few weeks back. Well conveniently they seemed to have last the 4506-T and my pay stubs and want me to submit them again. BoA sold my 2nd mortgage to Real Time Resolutions last year (about 45k on the 2nd).

I was made under the impression when i talked with a BoA representative a few months back that BoA would just make my 1st and 2nd into one. After talking with the BoA councelor that is assigned to my case, she told me they have no records of my 2nd and I would have to contact RTR to do a loan mod with them as well.

Now I've been reading a lot of horror storys concerning RTR and have absolutely no intentions of dealing with them, but I would like to delay the process so I can save up enough money to either buy an RV to live in till I get my feet on the ground again or to rent (I just landed a job again finally after 3 yrs).

Right now my home is pretty upside down and it is worth considerably less than what I owe on it (over 100k).

Anyhoo, I'm not sure if I should send in the lost paperwork or just let them go ahead and start the defualt process. Like I said, I want to stay here as long as possible, not only to save some extra cash but also so my home won't be considered abandoned for insurance reasons.

I was on my way to work today and noticed somebody parked in my driveway taking pics of my home. I asked her very politely if I can help her and she answered she was with Elite Propertys and taking pics of my home for the bank. I thought this was kind of strange since we just began the mod process.

Any feedback would really be appreciated. I'm in Wa. State btw.

TIA ..

Edit: Forgot to add. BoA has been calling me on a weekly basis as a debt collector. I keep telling them My BR was discharged in 09 and my home was included so calling as a debt collector is illegal. I also gave my case number and my discharge date on the first mod papers I submitted. My lawyer is pretty much useless, she won't return any of my phone calls so I can't resolve it through her (legal Helpers). The bank keeps telling me they have no records on file regarding my BR which I'm pretty darn sure is a bunch of crap. What a flippin mess!

[btbeme]

First, the 4506 will expire after 60 days, so plan to resubmit that several times (fill one out except for the date, copy it, then put in the date as they ask for them). Paystubs - they will always want the two most recent. And, yes, you will resubmit and resubmit and resubmit. I sent in a 4506 a total of 13 times.

As for the debt collector calls - pull your BK discharge order and confirm that the BoA loan is listed there. If so, send them a copy. Start recording the calls (if legal) including your request that they stop. If not legal, then make notes of the conversations, dates, times, etc that they call. Then, after you have several of the calls, sue them.

Keep the paperwork rolling. That will buy you the most time. The photos were likely legit - a "drive-by" appraisal for the bank to estimate value. Sounds like they are making progress on the modification.

No rush to get the foreclosure rolling. Let us know here when and if you get a modification offer. But in the meantime, double-check your discharge order and set them straight on the BK.

[Drazil65]

Hi, we have our rental property with BOA and they have been horrible to work with on every attempt to work something out. Last year we submitted our paperwork over 8 times to try to get a modification only for them to not approve it at the end. Then we tried the short sale route, pretty much the same thing on their end, they are masters at the telephone transfer game then losing all the paperwork, same thing again, our short sale offers not approved and all the buyers walked. We filed in Dec. 11 and was discharged in March 2012. We are tired of the BOA BS and have decided not to pursue a DIL (which they actually suggested after discharge) as we just keep resubmitting the same paperwork over and over to all different people. We are done with them, we told them to start the default process and foreclose.

They are flipping out, they are pretty much begging us at this point to try for a mod again or go for the DIL. I have had overnite packages waiting for me each day when I come home from work with a new mod scenario each time, this has been going on for 3 straight weeks. I realized that all this is just a delay/stall tactic and we are done, we told them to do it, foreclose. The other end of the line was silent!

[lorelei]

BOA is nuts. One office has no idea what the other is doing. I routinely got letters that said "Sorry, you didn't qualify for a modification" only to get a new "Hi! Apply for a modification!" package the next. I think I submitted and resubmitted and re-resubmitted paperwork six times just to keep the clock stopped for a little while. Then I filed bankruptcy and said I want to relinquish the house. Do you think that stopped it? No! Now they're sending me "Hi! Just thought you might be interested in doing a short sale!" letters. You can get on the merry-go-round if it's to your advantage - if you want to stall for time - but I personally wouldn't have high hopes of anything coming of it.

[Gabriel_S]

Thanks for the feedback folks, much appreciated!

Yes, when I filed for chapter 7, Country Wide held both my mortgages and they were both included in my chapter 7. As everyone knows, CW was bought out by BoA so they have ALL the paperwork.

I sent in the new documents this morning hoping to buy some more time. I'm almost positive they won't approve the mod but I'll play their game to my advantage. Even if it does get approved I will more than likely have to deal with Real Time Resolutions for my second even though the discharge documents has my 2nd listed as an unsecured debt with a zero balance. The horror storys I've been reading about RTR are insane. I have absolutely no intentions of dealing with them. Looking to save up enough money to get a nice rental or a decent RV to move into while I play BoA cat and mouse game.

Shame really, I was very much hoping to save a ton of money after my discharge. About 2 months later in 2009 I got laid off from a very lucrative paying job spoiling that plan!

Just hoping at this point I can save enough money with my new job to keep a roof over my head.

[helpmeout]

The bank keeps telling me they have no records on file regarding my BR which I'm pretty darn sure is a bunch of crap. What a flippin mess!

Send a cease and desist letter to BOA with a copy of your discharge via mail. Be sure to send it certified and request a signed receipt. And when they call again and spout the above nonsense, you will pull out your proof of delivery and let them know when they signed for the paperwork. And then tell them if they call again, you will be contacting a lawyer and filing for sanctions and legal fees as allowed by BK law.

[keepsmiling]

Hold out for those sanctions. They can help you gather up the cash for that RV.

[basketsbears]

Oh BOA - we had the same problems with them on our rental, which is what has led us to filing BK (on Wednesday - yay!) i cannot tell you the numerous times applications were filled out, etc, only to be lost, etc.

I really hope you get some sanctions against BOA - that would be sweet! (Sorry don't mean to sound mean - but they are just horrible & just don't care about anyone).

Best of luck! Keep us posted!!!

[MuchTooMuch]

Similar scenario happened with me. I had been trying for over a year to get a modification on my rental/investment property with BoA. After being on that merry go round forever, they finally sent intent to foreclose documents. That is when I filed bankruptcy and decided to surrender the house. Their attorney suggested that I ask the bank for a deed in lieu. So I contacted them, expressed my decision and was told that I needed to send a letter to their modification department to tell them to remove me from the mod process, so I could be transferred to the deed in lieu department. So I faxed the letter. The day after I received my discharge papers, I got an overnight package from the modification department offering a trial payment of monthly payments that are $600 less than my original mortgage. If they had offered this a year and a half ago when I told them I was in trouble, I might have kept the house and not filed bk. Now, it is too late. What happened to my letter asking to be removed from the modification process? The irony is that I got this offer without sending any documentation or paperwork in. The last batch I sent was in August of last year...the same papers they kept losing. And yet they offer me this modification without any current documentation or anything. Incredible!

[lorelei]

I'm torn between thinking BOA is the most inept organization *ever* or that they're crazy like a fox. I'm honestly not sure which it is.