BOA trying to force trial period of 3 months

[subking]

We've decided to file suit against BOA and make them prove they can forclose, have the authority to do so, and most important actually hold the title. Our loan was sold and refinaced so may times who knows who has the title or if it was ever changed and BOA got the loan when they took over Counrtywide, so the paperwork may not even exist.

Even if this fails it will get the court involved and force them to make the proper modicifation or at least it will delay thier forclousure process.

[subking]

My new job is to big the biggest pain in the ass customer they have.

Bank of America will just love us.

[helpmeout]

We would be willing to sign a modification but are not willing to throw away $900 for 3 months with no written agreement or gurantee of a modification. We worried they will take the funds and then continue forclosure anyway.

PLEASE HELP we need advice.

Personally, I would tell them that unless there is a modification without a trial period put in writing, you will walk away.

BTW, have you dealt with the second mortgage? Because until you do, any modification is pointless.

[HHM]

We've decided to file suit against BOA and make them prove they can forclose, have the authority to do so, and most important actually hold the title. Our loan was sold and refinaced so may times who knows who has the title or if it was ever changed and BOA got the loan when they took over Counrtywide, so the paperwork may not even exist.

Even if this fails it will get the court involved and force them to make the proper modicifation or at least it will delay thier forclousure process.

Bad idea, but okay. Are you doing this with an attorney, or on your own.

Here is the problem, Michigan is a title theory state, not a lien theory state. As such, the title is actually held by the investor (or a trustee). They don't actually need to have the title, and they definitely don't need to "produce" the title. At most, they will have to present evidence that they are in possession of the title (read, affidavit from the custodial trustee that they have it) and they win. And that is assuming you can even get the case that far.

[subking]

helpme out, haven't heard from the second but recently found out the 2nd is owned by BOA now.

HHM, yes we have an atty. this was his idea and was the way he explained it to us. We understand it is held by an investor but we also understand that investor may not even know what BOA is doing, also we would like to delay the process and make it as difficult as possible for them.

What you suggest we do in our situation?? We can pay but we want terms not promises of maybe.

[subking]

HHM, I'm serious if you have any ideas please let us know.

[HHM]

Bail on the house and buy in 3 years. Seriously The sooner you start the clock, the sooner you rebuild. The house is gone.

[subking]

Thank you and I understand, we just want to delay as long as possible.

I'm just really pissed that we bargined in good faith and they did not, I mean 13 months past due could easily be put on the end and we could manage the normal payment.

Any idea why the other poster was asking me about the second mortgage? Not much they can really do now right?

[despritfreya]

We've decided to file suit against BOA and make them prove they can forclose, have the authority to do so, and most important actually hold the title. Our loan was sold and refinaced so may times who knows who has the title or if it was ever changed and BOA got the loan when they took over Counrtywide, so the paperwork may not even exist. Even if this fails it will get the court involved and force them to make the proper modicifation or at least it will delay thier forclousure process.

How much are you paying your attny to handle this litigation?

By the way, as time passes, fewer and fewer attnys will be taking on these bogus arguments. A Minnesota attny just got hit with a $50k sanction plus lender's legal fees plus a directive by the Judge for the State Bar to investigate him. As more and more of these sanctions pop up, less and less attnys will be doing this stuff. Eventually, the judges will sanction the pro se litigants for their willful and malicious attempts to stop a lender from getting back its property. Once that happens all litigation will end because the pro se litigants will not be able to discharge the sanctions in a bk.

Des.

[TheBajan]

Just my two cents but really I think the best thing you can do is let it go. Just let go... from what you've said, the house isn't worth keeping and it will do you a tremendous amount of good to put it, BOA, and all the stress into your past. Move on. You've been given the fresh start so just take it and breathe! Life will be sooo much better! I'm no attorney but I think you will spend a lot of money trying to prove a point about a house that isn't worth keeping and you won't win! Let go and tell your attorney you don't want it. You have seven months to save like a mad man and then get out and start over! That's a good plan... no more stress, anger, or frustration!

Best wishes,
The Bajan

[Drazil65]

Have to agree with others, let it go, so not worth the time and trouble (BOA) not to mention the money! Emotionally separate yourselves from the house, it can be done, we have all (almost all) had to do it in most cases. You will find it is just a house, a structure, the memories are in your heart and head. You will still be a family no matter where you live, a year from now you will be so happy you did it. Good Luck!

[helpmeout]

Thank you and I understand, we just want to delay as long as possible.

I'm just really pissed that we bargined in good faith and they did not, I mean 13 months past due could easily be put on the end and we could manage the normal payment.

Any idea why the other poster was asking me about the second mortgage? Not much they can really do now right?

Because the 2nd mortgage can foreclose on the house even if you get a modification on the first mortgage.

[subking]

Sounds like you guys are right because we really have nothing to gain but a bigger headache, maybe some more time but for sure more stress we don't need.

We've been saving thats started awhile ago. Our plan is to find something very updated close by but were gonna stay as long as possible until we find exactly what were looking for and put this all behind us.