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BofA states I dont qualify for HAMP...

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    #16
    Countrywide employees, stated in testimony to Congress that Country Wide never conveyed 98% of their notes and the “CHAIN OF TITLE” is broken. It is reported that Countrywide may have destroyed these notes. Which may mean Bank of America really does not have legal standing to foreclose on your property; i.e. Slander of Title.

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      #17
      Pandora,

      Hey there...since you GOT a perm MOD, can I ask if that was in place before the BK, during, or after discharge? If it was in place before you filed, then you just reaffirmed, or stay and pay, cool....but Im not current on my mortgage and in BK proceedings now....just curious at what point in process you were approved?

      Im FHA by the way, although the HAMP guidelines are pretty similar as with regular HAMP.

      Also, from my reading on other boards, the mod process HAS been getting better since the first of the year as there were some changes implemented as of 12/10 that seemed to have helped.

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        #18
        Originally posted by sh9730 View Post
        Pandora,

        Hey there...since you GOT a perm MOD, can I ask if that was in place before the BK, during, or after discharge? If it was in place before you filed, then you just reaffirmed, or stay and pay, cool....but Im not current on my mortgage and in BK proceedings now....just curious at what point in process you were approved?

        Im FHA by the way, although the HAMP guidelines are pretty similar as with regular HAMP.

        Also, from my reading on other boards, the mod process HAS been getting better since the first of the year as there were some changes implemented as of 12/10 that seemed to have helped.
        We had the perm. mod in place prior to filing Ch. 13; signed, sealed and delivered so that our lender couldnt back out (PNC was our lender). We did not place our mortgage into our CH. 13, its outside of it, so we didnt have to do anything there re: reaffirmation, etc - and we can afford the payment all the way through even as it will adjust per HAMP guidelines.

        The process for us (mod) went like this:

        Job lost suddenly in 2009 so default was imminent. We were not behind on any payments but since no $ was coming in, we were approved for trial mod immediately. It was an uphill battle as when we applied (fall '09) HAMP was just starting out and lenders werent sure how it all worked (neither was the gov't in all honesty...). Battled the bank back and forth for months - ended up doing 8 trial payments before finally being approved for perm. mod early 2010; took another 4 weeks or so to get the signed paperwork back from the lender (thats crucial btw in going forward w/ Ch. 13 to make it stick where we are apparently). About a week after getting perm. mod paperwork from lender, we turned around and filed Ch. 13 to strip our 2nd after 9 months of trying to get them to work with us by any and all means; they refused - so we held to our promise of we'll strip it. They called our bluff.... we pulled the trigger - and here we are

        It seemed to us that those that first filed for HAMP in 2009 got the run around for quite some time before the first "reform" was done on HAMP in early 2010; from there it appears as if HAMP stalled out for a while. I've not kept up on the approvals since mid-summer last year so I'm not sure if its improved or not, but if you do apply - read the rules to how HAMP works inside and out; know them like you know your SSN / DOB because you'll need to keep referring to them as many lenders wont. Cant tell you how much time and $ we spent mailing the regs / guidelines to our lender (we were Fannie owned) so our lender had to comply but kept saying they didnt have to. We begged to differ and proved it, mailing out everything we had from approval of trial to right before perm. mod was offered to us (taped phone calls, letters, etc) to the highest people in PNC, including the President & CEO. It worked because it wasnt until then that the ball finally got rolling and our entire file was approved w/in 24 hours after the President received it, pulling it personally and getting through the mess that had been created by others. So if you should apply, make sure you keep explicit and detailed notes, record phone calls (chk state laws for 1 party / 2 party notification), do everything in writing and again, know how HAMP works with your lender up front.

        Its funny now that I look back and see lawsuit after lawsuit against the very same people we had to deal with that refused to do their job, "lost or misfiled" paperwork, told us things "didnt apply", etc. Two were removed from their positions (i.e., fired) and still have ongoing lawsuits pending.

        Karma's a witch that makes me smile from ear to ear when she visits those that do others wrong

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          #19
          I wonder if we would have a case against Citimortgage for denying our HAMP modification last year stating that we didn't qualify because we'd never been late and because we had too much in liquid assets? Probably not worth our time, no?

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