BOA Home Retention Group

[Robinrader]

Hello everyone I am in need of some guidance or wisdom. My house will soon be going into forclosure, I have recieved a notice of intent to accellerate my home loan however no relief of stay on my CH13 has been requested yet and no NOD has been filed.

What is happening is that BOA Home Retention Group is hounding me to fill out a request for a loan modification. I went through this stork dance with them over a year ago and end up telling to to go to hell..

But now they have sent me four registered letters with applications for a home modification, followed up with numerous calls. The BONYM has filed with our county recorder forms to make them trustee of where my loan is. Something which should have happened along time ago.

The recorded documents have robo signers on them and listing some unkown beneficiary as entity in control of the loan. My loan was securitized in by Countrywide under CWALT mortgage back securities.

So is BOA just covering their back side or do they think a relief of stay motion might not fly in court.

Thanks Robin

[justbroke]

A relief from stay (RFS) in the Bankruptcy context really has nothing to do with the non-bankruptcy (State) court process for foreclosure. It looks like they are aligning themselves to foreclose. The recording of an assignment is not a violation of the stay. They are just lining their ducks up. They will be quacking soon.

Now, as to whether there are stay violation issues, with them sending you "information" but not a "bill", is a question based on the circumstances. What did your attorney think of the "contact"?

[spidge]

Is this for a primary(1st) mortgage or a 2nd? Have you actually filed?

[Robinrader]

I have been in Chapter 13 for almost three years now and my home was included in the Ch13 however I paid the mortgage payment on my own. I only have a first purchase money type loan with no other leans. Ok so if I understand you guys right I can count on the forclosure process coming soon.

And please correct me if I am wrong but even though I live in a non recourse state, dont they still have to request a relief from stay from the Bankruptcy court to proceed and file a NOD with the county recorder before the home sale starts.

And about the calls and applications for a laon modification I have at least 50 calls documented. I have told them about being in Bankruptcy and given them my attorneys name and number but that really doesnt seem to matter. I do have an appointment with my attorney.

[IamOld]

Robin, forgive me for asking a stupid question (or two) but:

a) are you making your payments to Banksters of America (sorry couldn't resist) each month on time? So you're not "late?"

b) Trustee paying arrears?

Then BOA has NO grounds on which to foreclose - you're making your payments, you're in a 13...maybe they're asking for it or think they an "get away" with harassing you because they're B of A...

[Robinrader]

I have not made my house payment in over a year now. My attorney and my trustee have been notified of this fact so I actually expected this to come. But I just could not understand why all the loan modification papers and letter being sent to me suggest that I apply were for.

They have grounds to forclose I guess for me not paying, I just fond it strange that they are putting out all this effort to get me to fill out new loan information. I dont feel good about giving BOA any other information about me at all.

[IamOld]

Ah Robin - that explains it...well, maybe they REALLY don't want your house :-)

[Robinrader]

Well IamOld I am also old and I just do not care for all the unnessesary BS that goes on today in this world. You know I have work my but off and saved up for retirement then bought house my wife and I always wanted. Next thing you know the Banks are pulling off the biggest heist in history with our governments approval. My house is worth less than half of what I paid for it, there is nothing but empty homes all around me.

I dont mean to be dumping on this forum but to see everything you have worked for go away just so somebody can get richer just makes me sick and real tired.

Thank You for all your help and thoughts.

[IamOld]

Robin, I'm with you 100% - you are ABSOLUTELY right...and many on this forum agree with you!

At the same time I do think that there seems to be a shred of hope budding "out there," and that the extreme gall and hubris of the banksters will ultimately come back and bite them in the rear end. Meanwhile though...we suffer...

Well IamOld I am also old and I just do not care for all the unnessesary BS that goes on today in this world. You know I have work my but off and saved up for retirement then bought house my wife and I always wanted. Next thing you know the Banks are pulling off the biggest heist in history with our governments approval. My house is worth less than half of what I paid for it, there is nothing but empty homes all around me.

I dont mean to be dumping on this forum but to see everything you have worked for go away just so somebody can get richer just makes me sick and real tired.

Thank You for all your help and thoughts.

[Billssuck]

Really different here. We're with the Skanster too (BOA) and they've been very good about not contacting us for any paperwork WRT foreclosure. I haven't made a payment since April 2010 and they haven't processed the RFS either. But I read in my state (MO) that the state doesn't typically process FC during an active BK so I believe we're waiting until our discharge for "something" to happen. But we are in the robo signing mess with Countrywide so who knows how much longer...