• About
  • Buy Bankruptcy Adversary Package
  • Buy Foreclosure Defense Package
  • Contact Us
  • Donation
  • FAQ
  • Services

FightForeclosure.net

~ Your "Pro Se" Foreclosure Fight Solution!

FightForeclosure.net

Tag Archives: Home Affordable Modification Program

Litigating Trial Loan Modification Against Your Bank or Lender

17 Friday May 2013

Posted by BNG in Banks and Lenders, Foreclosure Defense, Litigation Strategies, Loan Modification, Your Legal Rights

≈ Leave a comment

Tags

Foreclosure, HAMP, Home Affordable Modification Program, Loan servicing, Mortgage loan, Mortgage modification, United States, Wells Fargo

If you find yourself wondering whether you can litigate your Trial Loan Modification which your Bank/Lender failed to make permanent, you are not alone. Many homeowners all across the nation found themselves in similar situation. This question has arisen many times lately, and still we do not have a confirmed answer. But nonetheless it can be litigated because the trial loan modification is afterall a contract, and every contract can be enforced. This goes back to the first year law school class of contract. It means offer, acceptance, consideration and execution. Here, it has all the elements of contract formation. All the judicial remedies of a contract are available in this litigation also. Why not? A lender cannot be compelled to modify a contract unless they had taken governmental bailout money and there are federal guidelines about foreclosure and the requirements one has to meet. We are talking about folks who had gotten trial loan modification and the banks is reneging on it. Here, someone signed, accepted the trial loan modification and sent quite few payments in executing the offer, and did their part of the bargain.

In the recent past, NCLS has brought four class action suits on behalf of Massachusetts residents to challenge the failure of Wells Fargo Bank, Bank of America , J.P. Morgan Chase Bank and IndyMac Mortgage Servicers/OneWest Bank to honor their agreements with borrowers to modify mortgages and prevent foreclosures under the United States Treasury’s Home Affordable Modification Program (”HAMP”). The complaints are filed with the United States District Court for the District of Massachusetts and assert claims for breach of contract, breach of the implied covenant of good faith and fair dealing and promissory estoppel under Massachusetts common law arising from the financial institution’s alleged failure to keep its promises to modify eligible loans to prevent foreclosures against homeowners who have lived up to their end of the bargain as required by HAMP.

Here are some of the complaints filed for such litigation.

Complaint NO. 1
http://www.nclc.org/issues/cocounseling/content/hamp-BosqueWFComplaint.pdf

Complaint No. 2
http://www.nclc.org/issues/cocounseling/content/hamp-Johnson-BOA-Complaint.pdf
Complaint No. 4
http://www.nclc.org/issues/cocounseling/content/hamp-DurmicJPMorganChase-Complaint.pdf

Complaint No. 4
http://www.nclc.org/issues/cocounseling/content/hamp-Reyes-OneWest-Complaint.pdf

If you are not getting your permanent loan modification with your Bank or Lender, you can contact your congressman or regulatory agencies using the sample letter below.

Regulatory Agency

123 Someplace

Some Where In USA

Dear Regulatory Agency

I am writing to you as a homeowner in foreclosure and wish to draw your attention to issues regarding mortgage loan modification, including the Making Homes Affordable program. The prevailing loan modification policies imposed by government entities and loan servicers expose homeowners to substantial risks in a system designed to generate additional profits to loan servicers and others who reap financial rewards in the foreclosure process, at the expense of consumers.

1. The prohibition against partial payments imposed by many loan servicers quickly forces many homeowners into expensive and unnecessary foreclosure proceedings. A loan servicer may decline a mortgage payment check that is $20 less than the full amount due, with full knowledge – and presumably hope – that it may soon result in thousands of extra dollars in profit should the homeowner later be forced into foreclosure. Such policies are calculated to increase profits to loan servicers, their attorneys and other entities that benefit in the foreclosure process.
2. The notorious “Three Month Trial Period” offered by many loan servicers is fraught with many jeopardizing the homeowners who accept such offers.
a. As loan servicers repeatedly extend the trial period, three months may become a year or two.
b. More than half of all trial periods are cancelled by the loan servicer, most of the time despite the fact the homeowner made timely payments.
c. During this period, foreclosure proceedings remain pending, which permits loan servicers to demand an auction date for the sale of the house, even in cases where the homeowner has fully complied with the Trial Period.
d. No warranty, pledge or agreement is made by the loan servicer upon initiation of the trial period. Servicers are under no obligation to do anything other than re-review the loan modification application. This provides ample incentive to loan servicers to prolong the trial period and revive foreclosure proceedings, after gaining many thousands more dollars from hapless homeowners who were led to believe the trial period would end in a timely manner, including an approval of their loan modification.
e. No details are revealed in advance to homeowners by loan servicers regarding the vaguely-possible, future successful loan modification. Many distressed homeowners have completed the trial period only to receive a loan modification that is financially questionable, such as an ARM mortgage.
f. Further, many loan servicers are misrepresenting the “Three Month Trial” to homeowners as a HAMP product, when in fact the only loan modification available to such homeowners is one of the loan servicer’s own creation and often designed to maximize the potential for default and thus, servicer profits.
3. In many cases, homeowners are awaiting loan modification review while simultaneously in foreclosure. As loan servicers are notoriously slow to both review such applications and respond to homeowner inquiries, auction dates are often set before the loan modification application has been approved or denied. No auction date should be set before a loan modification application has been approved or denied.
4. Many loan servicers require that homeowners not attempt to sell their homes while undergoing a loan modification review. For homeowners already in foreclosure, this policy places them significantly at risk of losing their homes and/or equity in the event the loan modification is denied or has not been approved before the auction date imposed by a court.
a. Homeowners participating in the trial period are also prohibited from placing their homes on the market, which as described above can be a lengthy process, again exposing them to the risk of losing their homes and/or equity.
b. When facing or defending themselves in a foreclosure or while undergoing the often lengthy process of loan modification, a homeowner’s right to sell the property themselves must not be infringed upon in order to generate additional profit to loan servicers. These policies effectively remove a distressed homeowner’s last recourse to mitigate their losses.

In summary, distressed homeowners are inadequately protected under these predatory policies. To more fairly balance the needs of loan servicers and the protection of homeowners, these policies should be implemented and enforced by the appropriate regulatory agencies:

1. Loan servicers should accept and properly apply partial payments of overdue mortgage accounts.
2. Efforts must be made and enforced to ensure that homeowners are able to reliably reach and/or obtain responses to their inquiries of loan servicers.
3. Loan modifications must be reviewed in a timely manner, preferably with a pre-defined time limit.
4. “Three Month Trial Periods” should be accurately identified to homeowners as to whether or not the trial period is related to a HAMP loan modification or the loan servicer’s in-house loan modification.
5. “Three Month Trial Periods” should not be extended, except upon homeowner’s request.
6. Pending foreclosure cases should be promptly dismissed upon the initiation of any loan modification “Trial Period.”
7. Truth-in-Lending Disclosures and all other such disclosures and settlement statements currently required of mortgage lenders should be provided to homeowners before the initiation of any “Trial Period.” This would allow homeowners to make an informed decision regarding the financial suitability of the future loan modification, while still allowing loan servicers to rescind such agreements upon the failure of the homeowner to successfully complete the “Trial Period.”
8. In a pending foreclosure proceeding, no auction date should be set before a loan modification application has been approved or denied.
9. The right of a homeowner to sell the property should not be restricted during foreclosure or loan modification review.
10. All regulations and laws applying to consumer loans, such as RESPA and TILA, must also fairly apply to loan modifications. If first mortgage and refinanced mortgages are subject to such regulations, why are loan modifications not?

Please look into this matter at your earliest convenience.

Thank you in advance for your prompt attention to this important urgent matter.

Sincerely,

John/Jane Doe

After contacting the regulatory agencies or your congressman, if you are not getting the attention or permanent loan modification you feel you deserve, you can visit www.fightforeclosure.net to get your foreclosure litigation package and effectively pursue your next Cause of Action in order to get your Trial Loan Modification Offer, permanently modified.

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Steps To Complete Your Loan Modification Application

15 Wednesday May 2013

Posted by BNG in Loan Modification

≈ Leave a comment

Tags

Bank statement, Computer program, Finance, Financial statement, HAMP, Home Affordable Modification Program, Mortgage loan, Mortgage modification

There is a way that you can gain some control over the outcome of your loan modification and get the help you need and deserve.  You must decide to be as proactive and persistent as possible, after all you are fighting for you family’s home and the bank is not always going to be cooperative.  How can you make sure that you complete your loan modification application correctly and do all the steps the right way?  Here is a checklist you can use to get started.
Step 1:  Before you ever contact the bank to get the loan modification process started, spend just a couple of hours learning the basic guidelines for HAMP-the government bailout plan.  Why this plan?  Well for starters, it is the most aggressive and beneficial for homeowners as it features the lowest terms.  Also, the guidelines for approval are standard and they are published-we know what they are.  It just makes sense to know what you are trying to get approved for before you fill out your application.  Otherwise, how do you know if you fit into the guidelines or not?  This is not the time to “guess”-this is the time to be certain.
Step 2:  Gather all of the required loan modification forms, income documentation, bank statements, monthly bills, and any other paperwork needed to prepare your application.  Set aside several, uninterrupted hours to work on it.  You do not want to start and then have to stop while you search for something-that is distracting and will cause you to make mistakes.  You can follow a checklist of items need in The Complete Loan Modification Guide kit.  You will also learn how to write an effective Hardship Letter to include in your package.
Step 3:  Use all of your income, asset, and monthly expenses to prepare your own financial statement.  Now, this is where it gets tricky.  Your financial statement MUST be completed properly-this means that you have fine tuned your figures so that you know you fit into those HAMP guidelines-the mathematical formula involves your debt ratio, new target payment and disposable income.  How can you know you have done your figures correctly?  Well, you can take a lot of confusion out of preparing your statement by using a software program designed just for homeowners.  This program actually mimics the HAMP guidelines and all you have to do is input your monthly income and monthly expense-all the calculations are done automatically.  You see immediately where any adjustments might need to be made.
Step 4:  Fine tune your budget so that the calculator shows you are passing the HAMP guidelines-then prepare your financial statement using these figures.  Now you can be confident that your budget has the best chance of qualifying.  Follow the checklist to put together your complete, accurate and acceptable loan modification package.
Step 5:  Now you are ready and prepared-call your Bank and tell them you are facing financial difficulties and want to apply for HAMP.  You will be asked to provide your monthly income and expenses-no problem!  You have already done your homework and you can easily and quickly provide the information will need.
Step 6:  Be persistent and follow up at least once a day to make sure that your file is moving forward.  The new guidelines mandate that the bank must provide a final answer to applicants within 30 days of receiving a complete package.  So, now you will have your answer quickly because you knew how to prepare and submit a complete, accurate and acceptable Loan Modification application.

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Enter your email address to follow this blog and receive notifications of new posts by email.

Recent Posts

  • What Homeowners Must Know About Mortgage Forbearance
  • Cosigning A Mortgage Loan: What Both Parties Need To Know
  • What Homeowners Must Know About Filing Bankruptcy Without a Lawyer: Chapter 13 Issues
  • What Borrowers Must Know About Voiding Liens in a Mortgage
  • How Homeowners Can Set Aside Foreclosure Sale

Categories

  • Affirmative Defenses
  • Appeal
  • Bankruptcy
  • Banks and Lenders
  • Borrower
  • Case Laws
  • Case Study
  • Credit
  • Discovery Strategies
  • Fed
  • Federal Court
  • Foreclosure
  • Foreclosure Crisis
  • Foreclosure Defense
  • Fraud
  • Judgment
  • Judicial States
  • Landlord and Tenant
  • Legal Research
  • Litigation Strategies
  • Loan Modification
  • MERS
  • Mortgage fraud
  • Mortgage Laws
  • Mortgage mediation
  • Mortgage Servicing
  • Non-Judicial States
  • Notary
  • Note – Deed of Trust – Mortgage
  • Pleadings
  • Pro Se Litigation
  • Real Estate Liens
  • RESPA
  • Restitution
  • Scam Artists
  • Securitization
  • State Court
  • Title Companies
  • Trial Strategies
  • Your Legal Rights

Archives

  • March 2021
  • February 2021
  • September 2020
  • October 2019
  • July 2019
  • May 2019
  • April 2019
  • March 2019
  • January 2019
  • September 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • September 2015
  • October 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013

Recent Posts

  • What Homeowners Must Know About Mortgage Forbearance
  • Cosigning A Mortgage Loan: What Both Parties Need To Know
  • What Homeowners Must Know About Filing Bankruptcy Without a Lawyer: Chapter 13 Issues
  • What Borrowers Must Know About Voiding Liens in a Mortgage
  • How Homeowners Can Set Aside Foreclosure Sale
Follow FightForeclosure.net on WordPress.com

RSS

  • RSS - Posts
  • RSS - Comments

Tags

5th circuit court 9th circuit 9th circuit court 10 years Adam Levitin adding co-borrower Adjustable-rate mortgage adjustable rate mortgage loan administrative office of the courts adversary proceeding affidavits Affirmative defense after foreclosure Alabama Annual percentage rate Appeal Appeal-able Orders Appealable appealable orders Appealing Adverse Decisions Appellate court Appellate Issues appellate proceeding appellate record applying for a mortgage Appraiser Areas of Liability arguments for appeal Arizona Article 9 of the Japanese Constitution Asset Asset Rental Assignment (law) Attorney Fees Attorney general August Aurora Loan Services of Nebraska automatic stay avoid foreclosure Avoid Mistakes During Bankruptcy Avoid Mistakes in Bankruptcy bad credit score bank bank forecloses Bank of America Bank of New York Bankrupcty Bankruptcy bankruptcy adversary proceeding bankruptcy appeal Bankruptcy Appeals Bankruptcy Attorney bankruptcy code bankruptcy court Bankruptcy Filing Fees bankruptcy mistakes bankruptcy on credit report bankruptcy process Bankruptcy Trustee Banks Banks and Lenders Bank statement Barack Obama Berkshire Hathaway Bill Blank endorsement Borrower borrower loan borrowers Borrowers in Bankruptcy Boston Broward County Broward County Florida Builder Bailout Business Buy and Bail Buyer Buyers buying a house buying foreclosed homes California California Court of Appeal California foreclosure California Residents Case in Review Case Trustees Center for Housing Policy CFPB’s Response chapter 7 chapter 7 bankruptcy chapter 11 chapter 11 bankruptcy Chapter 11 Plans chapter 13 chapter 13 bankruptcy Chinese style name Chunking circuit court Citi civil judgments Civil procedure Clerk (municipal official) Closed End Credit Closing/Settlement Agent closing argument collateral order doctrine collection Collier County Florida Colorado Complaint Computer program Consent decrees Consequences of a Foreclosure Consumer Actions Consumer Credit Protection Act Content Contractual Liability Conway Cosigning A Mortgage Loan Counsels Court Court clerk courts Courts of Nevada Courts of New York Credit credit bureaus Credit Counseling and Financial Management Courses credit dispute letter credit disputes Credit history Creditor credit repair credit repair company credit report credit reports Credit Score current balance Debt Debt-to-income ratio debtor Deed in lieu of foreclosure Deed of Trust Deeds of Trust defaulting on a mortgage Default judgment Defendant Deficiency judgment deficiency judgments delinquency delinquency reports Deposition (law) Detroit Free Press Deutsche Bank Dingwall Directed Verdict Discovery dispute letter District Court district court judges dormant judgment Double Selling Due process Encumbered enforceability of judgment lien enforceability of judgments entry of judgment Equifax Equity Skimming Eric Schneiderman Escrow Evans Eviction execution method execution on a judgment Experian Expert witness extinguishment Fair Credit Reporting Act (FCRA) Fake Down Payment False notary signatures Fannie Mae Fannie Mae/Freddie Mac federal bankruptcy laws Federal Bureau of Investigation Federal Court federal courts Federal government of the United States Federal Home Loan Bank Board Federal Housing Administration Federal Judgments Federal Rules of Civil Procedure federal statute Federal tax FHA FICO Fictitious Loan Filing (legal) filing for bankruptcy Finance Finance charge Financial institution Financial reports Financial Services Financial statement Florida Florida Homeowners Florida Supreme Court Fonts Forbearance foreclose foreclosed homes foreclosing on home Foreclosure foreclosure auction Foreclosure Crisis foreclosure defense foreclosure defense strategy Foreclosure in California foreclosure in Florida Foreclosure laws in California Foreclosure Pending Appeal foreclosure process Foreclosure Rescue Fraud foreclosures foreclosure suit Forms Fraud fraud prevention Fraudulent Appraisal Fraudulent Documentation Fraudulent Use of Shell Company Freddie Mac fresh financial start Glaski good credit good credit score Good faith estimate Governmental Liability HAMP HAP hardship home Home Affordable Modification Program home buyer Home insurance homeowner homeowners home ownership Homes Horace housing counselor How Many Bankruptcies Can a Homeowner File How Much Debt Do I Need To File Bankruptcy HSBC Bank USA Ibanez Ibanez Case Identify Theft injunction injunctive injunctive relief installment judgments Internal Revenue Service Interrogatories Investing involuntary liens IOU issuance of the remittitur items on credit report J.P. Morgan Chase Jack Conway Jack McConnell joint borrowers JPMorgan Chase JPMorgan Chase Bank Juarez Judgment judgment creditors judgment expired Judgments after Foreclosure Judicial judicial foreclosures Judicial States July Jury instructions Justice Department Kentucky Kristina Pickering Landlord Language Las Vegas late payment Late Payments Law Lawsuit lawsuits Lawyer Lawyers and Law Firms Lease Leasehold estate Legal Aid Legal Aid by State Legal Assistance Legal burden of proof Legal case Legal Help Legal Information lender lenders Lenders and Vendors lending and servicing liability Lien liens lien stripping lien voidance lifting automatic stay Linguistics Lis pendens List of Latin phrases litigator load modification Loan Loan Modification Loan Modification and Refinance Fraud loan modification specialists Loan origination loans Loan Servicer Loan servicing Los Angeles loses Making Home Affordable Massachusetts Massachusetts Supreme Judicial Court Mastropaolo MBA Letter MBIA McConnell Means Test Forms Mediation mediation program Medical malpractice MER MERS Michigan Monetary Awards Monetary Restitution money Montana mortgage Mortgage-backed security Mortgage broker mortgage company Mortgage Coupon Mortgage Electronic Registration System Mortgage fraud Mortgage law mortgage lender Mortgage loan mortgage loan modification mortgage loan modifications mortgage loans Mortgage mediation Mortgage modification Mortgage note mortgages Mortgage servicer Mortgage Servicing Fraud motion Motion (legal) Motion in Limine Motions National Center for State Courts National City Bank National Mortgage Settlement Natural Negotiable instrument Nelva Gonzales Ramos Nevada Nevada Bell Nevada Foreclosure Nevada mortgage loans Nevada Supreme Court New Jersey New Mexico New York New York Stock Exchange New York Times Ninth Circuit non-appealable non-appealable order Non-judicial non-judicial foreclosure non-judicial foreclosures Non-judicial Foreclosure States Non-Judicial States non-recourse nonjudicial foreclosures North Carolina note Notice Notice of default notice of entry of judgment Nueces County Nueces County Texas Objections Official B122C-2 Official Form B122C-1 Ohio Options Oral argument in the United States Orders Originator overture a foreclosure sale Owner-occupier Payment Percentage Perfected periodic payments personal loans Phantom Sale Plaintiff Plan for Bankruptcy Pleading post-judgment pre-trial Pro Bono Process for a Foreclosure Processor Process Service Produce the Note Promissory note pro per Property Property Flip Fraud Property Lien Disputes property liens pro se Pro se legal representation in the United States Pro Se Litigating Pro Se litigator Pro Se trial litigators Protecting Tenant at Foreclosure Act Protecting Tenants PSA PTFA public records purchase a new home Quiet title Real estate Real Estate Agent Real Estate Liens Real Estate Settlement Procedures Act Real property RealtyTrac Record on Appeal refinance a loan Refinance Fraud Refinancing registered judgment Regulatory (CFPB) relief remittance reports remove bankruptcy remove bankruptcy on credit report Remove Late Payments Removing Liens renewal of judgment renewing a judgment Reno Reno Air Request for admissions Rescission Residential mortgage-backed security Residential Mortgage Lending Market RESPA Restitution Reverse Mortgage Fraud Rhode Island robert estes Robert Gaston Robo-signing Sacramento Scam Artists Scope Secondary Mortgage Market Securitization securitized Security interest Se Legal Representation Self-Help Seller servicer servicer reports Services servicing audit setting aside foreclosure sale Settlement (litigation) short sale Short Sale Fraud Social Sciences Social Security South Dakota Special agent standing state State Court State Courts state law Statute of Limitations statute of limitations for judgment renewals statute of repose stay Stay of Proceedings stay pending appeal Straw/Nominee Borrower Subpoena Duces Tecum Summary judgment Supreme Court of United States Tax lien tenant in common Tenants After Foreclosure Tenants Without a Lease Tennessee Texas The Dodd Frank Act and CFPB The TRID Rule Thomas Glaski TILA time-barred judgment Times New Roman Times Roman Timing Title 12 of the United States Code Title Agent Tolerance and Redisclosure Transferring Property TransUnion trial Trial court TRO true owners of the note Trust deed (real estate) Trustee Truth in Lending Act Tuesday Typeface Types of Real Estate Liens U.S. Bancorp U.S. Securities and Exchange Commission UCC Underwriter Uniform Commercial Code United States United States Attorney United States Code United States Congress United States Court of Appeals for the First Circuit United States Department of Housing and Urban Development United States Department of Justice United States district court United States District Court for the Eastern District of California United States federal courts United States federal judge Unperfected Liens US Bank US Securities and Exchange Commission valuation voluntary liens Wall Street Warehouse Lender Warehouseman Washington Washington Mutual Wells Fargo Wells Fargo Bank withdrawal of reference write of execution wrongful foreclosure wrongful foreclosure appeal Wrongful Mortgage Foreclosure Yield spread premium

Fight-Foreclosure.com

Fight-Foreclosure.com

Pages

  • About
  • Buy Bankruptcy Adversary Package
  • Buy Foreclosure Defense Package
  • Contact Us
  • Donation
  • FAQ
  • Services

Archives

  • March 2021
  • February 2021
  • September 2020
  • October 2019
  • July 2019
  • May 2019
  • April 2019
  • March 2019
  • January 2019
  • September 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • September 2015
  • October 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013

Website Powered by WordPress.com.

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
<span>%d</span> bloggers like this: