Attorney needed for mortgage mod?

[2Bshinyandnew]

I posted in another thread about my mortgage workout proposal under Obama's newly passed Home Affordable Program. My mortgage servicer has been sitting on my request which they admit to receiving on 2/12/09. I have sent the documents they requested 4 times now, by USPS, e-mail and fax. Other documents sent regarding my divorce and quit claim deed made it to the Special Loans department, and yet the info Loss Mitigation needs to process my request to the next level keeps getting "lost".

I have carefully documented every correspondence. I have (tried ) to keep an upbeat/positive attitude when I call.

My next mortgage payment is due soon. They have been sitting on my request for weeks now. Further research about my mortgage servicer, PHH Mortgage AKA Mortgage Service Center and previously Cendant Mortgage shows a long history of people complaining about what I am experiencing.
see: http://themortgageinsider.net/mortga...rvices-review/

The investor/mortgagee is Bank Atlantic, so PHH is only servicing the mortgage (as far as I can tell).

They say they are already participating in the new Mortgage Mod federally subsidized plans.

Each month that goes by is another month I may have been paying a reduced mortgage. Should I seek an attorney's assistance? What type of attorney, Real Estate? Bankruptcy?

[HHM]

Unfortunately, right now, mortgage modification is a privilege, not a right; and worse, it is the lenders and servicers that ultimately decide who gets that privilege. Thus, in that respect, I am not sure what more an attorney can do for you.

Your next course of action would be to send a RESPA letter (do a search) to identify specifically who is in control of your mortgage.

Next, about all you can do is lodge a complaint with HUD.

What a lot of people misunderstand is that they are not "entitled" to a modification; all the various programs right now give lenders options to modify and some incentive for doing so, but it is the lenders who decide whether to modify (not the government).

[2Bshinyandnew]

Unfortunately, right now, mortgage modification is a privilege, not a right; and worse, it is the lenders and servicers that ultimately decide who gets that privilege. Thus, in that respect, I am not sure what more an attorney can do for you.

Your next course of action would be to send a RESPA letter (do a search) to identify specifically who is in control of your mortgage.

Next, about all you can do is lodge a complaint with HUD.

What a lot of people misunderstand is that they are not "entitled" to a modification; all the various programs right now give lenders options to modify and some incentive for doing so, but it is the lenders who decide whether to modify (not the government).

It was my understanding from Modification Program Guidelines that a servicer/lender who participates must follow the guidelines:

http://www.treas.gov/press/releases/reports/modification_program_guidelines.pdf

by the government in order to receive those funds. This is not really true?

[HHM]

Yes, but at the same time, that is only "if" they want to give you a modification. No where in those terms are they actually required to extend you a modification.

[2Bshinyandnew]

Yes, but at the same time, that is only "if" they want to give you a modification. No where in those terms are they actually required to extend you a modification.

Thanks, HHM. I'll get a RESPA letter out next week.

One last question...If I am denied a modification, are they required to give a specific reason? In other words, can they say I did not produce the requested documents, when I did? Are they required to at least give a final answer to my request or can they leave me haging in limbo for months and months with no answer?

OK, one more question If I know who controls the mortgage, can I try and contact them directly? If yes, how? (I know, I'm pushing my luck asking this here )