If your lender has foreclosed on you while you are in the midst of negotiating for a HAMP loan and are served with a Notice of Trustee’s Sale (NTS) or maybe you never received a NTS, then you will need help with foreclosure. Do not despair.
Help with Foreclosure
Nowadays, it seems to be common practice amongst the lenders to be non-compliant to disregard the laws that were put in place to protect homeowners. However, this is largely due to shortage of competent manpower and lack of communication between their various divisions.
If your lender has not complied with federal and state laws for any of the reasons listed below, please follow the steps outlined in this article: Please note “your lender” can also mean your “mortgage servicer” (the company that accepts your monthly payments).
- Your lender has instructed you to miss a payment.
- Your lender charges up-front fees for the modification.
- Your lender is foreclosing on you, while you are negotiating for a HAMP loan modification.
- Your lender never reviewed your delinquent loan for a review.
- Your lender has miscalculated your loan with gross negligent errors.
- Your lender has not followed the proper foreclosure process in your state.
- Your lender refuses to stop a scheduled foreclosure sale on a borrower’s house while the borrower is being evaluated for HAMP.
- Your lender claims that they are waiting for information or guidance from Treasury Dept.
- Your lender says the borrower doesn’t qualify, but your counselor has reason to believe that the borrower is eligible.
- Your lender advises the borrower to intentionally misrepresent their personal or financial information.
Any one of the above reasons will constitute your elevating the problem to the sources below. Please follow the steps listed:
Request or ask to speak with senior management at the Lender/Servicer office, headquarters orcorporate.
If that does not resolve the issue, escalate to the following investors
- Fannie Mae Loans 1-800-7FANNIE
- Freddie Mac Loans 1-800-FREDDIE
- Non GSE* Loans
HAMP Solution Center 1-866-939-4469 firstname.lastname@example.org
If there is no resolution in Step 2, write/call your local congressman and contact your state’s attorney general.
In the meantime, while discussing your case with your state’s leaders, it may be necessary to file a lawsuit. This should be your last resort.
Even if they have foreclosed, you may still file a lawsuit with a Temporary Restraining Order to stop eviction.
I am not an attorney and reluctant in suggesting the final step because it should not be necessary to take such drastic measures, however, be sure to contact your attorney for further details.. After all, filing a lawsuit is expensive and time-consuming.
Be sure to review your state’s foreclosure laws to ensure that your lender has followed state foreclosure law proceedings.
*GSE – Government Sponsored Entities. In short, GSE’s are part of the secondary market/investors that bond and securitize loans for the primary market (your lender/servicer). They are the overseer of all home loans that are made by the primary market lenders
DISCLAIMER: The author is not an attorney and is not rendering legal, financial, or other professional services. The information contained on this web site is the authors opinion based on her personal experience. If you need legal advice, consult a competent attorney.