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Real Estate @#$%%@** Mortgage Company's @#**% HELP!!!

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  • Real Estate @#$%%@** Mortgage Company's @#**% HELP!!!

    I just for the life of me ^*&%&^$&( can't fu*k*ng believe the nerve of *(#**@*$ OMG

    Alrighty then. Readers Digest Clip:

    We helped out the kids and got a teeeensy weeensy bit behind on the Mortgage Payment. $1262.00 to be exact. Not really that bad as behind in payment goes. So we work out something with them, tell them when we can pay. That time comes and Hubby calls and says we have $1200 we are sending, the $62 will come in three days when we get paid. They say....No thank you because it isn't a full payment. SERIOUSLY!! He's like but you say we owe it, we're trying to pay it and then send the rest in three days, you can even debit it out of our checking account.

    NOPE! No good no dice. Again, so what your telling me he says is I'm trying to pay you the money, you're a debt collecting agency trying to collect a debt, I'm trying to pay that debt but you won't take the money unless there is an additional $62 to go with it. Yup, that about sums it up. Oh yeah and I forgot the part about the $500 we sent them towards a house payment, yeah well since it wasn't the full payment they NEVER applied it to the payment so it's been sitting there in limbo for the last 3 months. So Steve says take the #&$^%#%#& $62 out of the $500 and there ya' go! Nope they won't do that either.

    Now we have had our house up for sale for the last 2 months while we've been trying to pay these people and we get an offer on the house. We call the Mortgage company who says since you didn't pay the $1262.00 we have now hired a Lawyer to start Foreclosure proceedings. So any sale of the house has to be approved by us. We tell them of the offer which would give them the exact payoff on the home that is owed, pay our agent and leave us with a whooooping $54 but that's ok, cause the loan would be paid. Guess what they said.................

    NOPE! We won't do that. We want a short sale, which in effect the house gets sold for less then what they have in it, they will loose about 10-40 thousand dollars and our debt for the difference is wiped clean, we get to live here for the next 6 months Mortgage free and it will take them between 2-4 weeks every time we get an offer on the house to let us know if they will accept it or not!

    Makes no sense to me whatsoever!!!
    Last edited by Tiamat; June 19, 2008, 10:51.
    Welcome to earth, my name is Tia and I'll be your tour guide for this trip.
    Succulent and Bejeweled Mother Goddess, who is always moisturised yet never greasy, always patient yet never suffers fools~Starchild
    Dragons? Yup- big flying lizards with an attitude. ~ Laz
    You are forgiven because you are FABULOUS ~ Imran

  • #2
    If they haven't ACTUALLY initiated foreclosure proceedings (ie, you haven't had a court appearance yet), you should be able to sell the house however you want...
    <Reverend> IRC is just multiplayer notepad.
    I like your SNOOPY POSTER! - While you Wait quote.

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    • #3
      Pennywise, pound foolish. Silly mortgage company.

      -Arrian
      grog want tank...Grog Want Tank... GROG WANT TANK!

      The trick isn't to break some eggs to make an omelette, it's convincing the eggs to break themselves in order to aspire to omelettehood.

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      • #4
        Oh yeah and I forgot the part about the $500 we sent them towards a house payment, yeah well since it wasn't the full payment they NEVER applied it to the payment so it's been sitting there in limbo for the last 3 months.
        Seems to me you should tell them you're getting a lawyer to get your $500 back...

        -Arrian
        grog want tank...Grog Want Tank... GROG WANT TANK!

        The trick isn't to break some eggs to make an omelette, it's convincing the eggs to break themselves in order to aspire to omelettehood.

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        • #5
          Not lawyer, small claims court.
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          • #6
            Go to Check N' Go and get the $62 bucks!
            Monkey!!!

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            • #7
              Originally posted by snoopy369
              If they haven't ACTUALLY initiated foreclosure proceedings (ie, you haven't had a court appearance yet), you should be able to sell the house however you want...
              No. This has been widely reported. Housing has been over valued. This is one reason, besides job losses, that foreclosures continue to climb. Many people find themselves in this "upside down" position. It's also hapening to people dumping vehicles that get bad mileage. They take...a 4000 dollar loss and apply it to the replacement vehicle loan. $4000 would buy a lot of gas.
              Last edited by SlowwHand; June 19, 2008, 14:08.
              Life is not measured by the number of breaths you take, but by the moments that take your breath away.
              "Hating America is something best left to Mobius. He is an expert Yank hater.
              He also hates Texans and Australians, he does diversify." ~ Braindead

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              • #8
                Having been in the mortgage business for 21 years now in a variety of capacities and working for some of the largest companies in the business, I just have to say that servicing is the most screwed up area in the whole business.

                Servicing is also a vary complicated endeavour anyway though. The servicer is usually beholden to a contractual obligation to the actual investor (who is someone completely different and probably not even associated with the mortgage business). The servicer is legally obligated to fulfill the letter of the contracts and enforce the letter of the security instrument and/or deeds.

                While it is total common sense to accept the $1200 and wait 3 days for the $62, they may not be able to do that under the contract they have with the investor. Very little if any leeway is given to the servicer.

                The investor, otoh, is probably using that portfolio to meet some type of revenue target and their bean counters have worked it out that if they write the contracts "this way, then they should expect that level of return. Worse yet...many of these investors let the Wall Street boys do that thinking for them.
                (As a side note, two guys from Bear Stearns were arrested today for mortgage fraud...and yes, they were the folks who would have overseen these package offerings and servicing contracts. It is likely that up to 300 more Wall Street folks will get caught in this net as well).

                So...the bottom line is that it is all governed by tight parameters that were set up with fradulent promises but leaves no recourse to the average borrower such as yourself or any leeway to your servicer (who, btw, is making a ton off of servicing your loan and could care less).

                I wish I had something more helpful to offer you.

                There is one strategy that is working to help some people. It is a little off the wall, but has shown some promise. If you end up in court, then tell your lawyer to challenge the ownership of the loan. Most loans are assigned to MERS (Mortgage electronic registration system) and they have the actual note. The person suing you for foreclosure will most likely not have the note or even a valid assignment of that note. Insist that they produce it. If they can't and you have a sympathetic judge, then the whole proceeding may get thrown out. If that happens you will immediately see a much more friendly and agreeable servicer as they will want to cover their own butt at that point!

                Good Luck!
                "I am sick and tired of people who say that if you debate and you disagree with this administration somehow you're not patriotic. We should stand up and say we are Americans and we have a right to debate and disagree with any administration." - Hillary Clinton, 2003

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                • #9
                  Thanks and to top it all off I'm steaming mad cause I pulled up from lunch today only to have a realtor and her client pulling away from my home. She had shown my home without any notice or even getting permission. We have specific instructions on the Listing of two phone numbers to call mine and Steve's and to give one hour notice. She did none of that she didn't even check with our realtor to see if she could show the house.

                  I'm really pissed and feel very violated. Steve was fumming He said the bottom line is this is still our home and they have to respect the fact that we still live here.
                  Welcome to earth, my name is Tia and I'll be your tour guide for this trip.
                  Succulent and Bejeweled Mother Goddess, who is always moisturised yet never greasy, always patient yet never suffers fools~Starchild
                  Dragons? Yup- big flying lizards with an attitude. ~ Laz
                  You are forgiven because you are FABULOUS ~ Imran

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                  • #10
                    You didn't get all the bondage gear back in the loft before you left the house then?
                    Speaking of Erith:

                    "It's not twinned with anywhere, but it does have a suicide pact with Dagenham" - Linda Smith

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                    • #11
                      Originally posted by Tiamat
                      Thanks and to top it all off I'm steaming mad cause I pulled up from lunch today only to have a realtor and her client pulling away from my home. She had shown my home without any notice or even getting permission. We have specific instructions on the Listing of two phone numbers to call mine and Steve's and to give one hour notice. She did none of that she didn't even check with our realtor to see if she could show the house.

                      I'm really pissed and feel very violated. Steve was fumming He said the bottom line is this is still our home and they have to respect the fact that we still live here.
                      They never respect that. In Chicago they have to give 2 days notice (for apartments) and they never waited and rarely bothered to tell us.
                      NExt time they stop by, if you're there, whip out your camera and start taking pics of them. If they ask what you;re doing say you're taking pics for possible court proceedings to show the company violated the 1 hour agreement and to post the realty company online in a negative light. Sure it's bs but the customer will probably get skittish and leave, while the realtor may worry about negative online comments. At any rate they should cooperate more after that.
                      I'm consitently stupid- Japher
                      I think that opinion in the United States is decidedly different from the rest of the world because we have a free press -- by free, I mean a virgorously presented right wing point of view on the air and available to all.- Ned

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                      • #12
                        Perhaps, but what if the customer wanted to buy the house? Then you've just run off a buyer.

                        -Arrian
                        grog want tank...Grog Want Tank... GROG WANT TANK!

                        The trick isn't to break some eggs to make an omelette, it's convincing the eggs to break themselves in order to aspire to omelettehood.

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                        • #13
                          Around 2pm, just after lunch. The estate agents are slightly drunk, so it is the best time to make some decent deals.
                          Socrates: "Good is That at which all things aim, If one knows what the good is, one will always do what is good." Brian: "Romanes eunt domus"
                          GW 2013: "and juistin bieber is gay with me and we have 10 kids we live in u.s.a in the white house with obama"

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                          • #14
                            I was always told that the night time is the right time.

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                            • #15
                              He pulled the one foot out and Tiamat *****ing appears...

                              ACK!
                              Don't try to confuse the issue with half-truths and gorilla dust!

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