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    #16
    relief13035,
    I also have Citi, could I trouble you for their contact information.

    thank you, only 15 days from discharge..........thank god.

    Comment


      #17
      Appreciate everyone's help, this has been a long road.

      Comment


        #18
        relief13035,

        Help!! I had submitted my settlement to Chase for 11% (17k) to settle $150k on the Heloc in late Sept. Chase finally assigned it to a closer but I have not been able to speak to him yet. I've left messages but have not heard from him. He did send a BPO last week.

        The Heloc had started foreclosure. On Friday I received a Notice of Trustee Sale set for Dec 1st.

        I am so very stressed...If they decide to not accept a settlement can I still save my home or is it too late at this point? Can I cure the default by paying it. Thanks for any input...

        Comment


          #19
          How upside down is your home. It is VERY ODD for a HELOC in an inferior position to initiate a foreclosure, in fact, in this real estate market it is unheard of unless the home has significant equity or the super rare circumstances where the 1st mortgage and HELOC are owned by the same investor (just being serviced by the same company does not mean the same investor is behind the scenes).

          If the lender has noticed a foreclosure sale date, that means the lender has accelerated the loan, meaning, the entire balance of the loan is due. Thus, the bank does not have to accept payment to cure the arrears (unless your state law provides some sort of redemption period). You would need to call the bank and try to arrange a deal where they would accept payment of the arrears to stop the foreclosure, but they are not required too. So, in that respect, it may very well be too late. That leaves a chapter 13 (or chapter 11) bankruptcy to save the home.

          Comment


            #20
            Originally posted by HHM View Post
            How upside down is your home. It is VERY ODD for a HELOC in an inferior position to initiate a foreclosure, in fact, in this real estate market it is unheard of unless the home has significant equity or the super rare circumstances where the 1st mortgage and HELOC are owned by the same investor (just being serviced by the same company does not mean the same investor is behind the scenes).

            If the lender has noticed a foreclosure sale date, that means the lender has accelerated the loan, meaning, the entire balance of the loan is due. Thus, the bank does not have to accept payment to cure the arrears (unless your state law provides some sort of redemption period). You would need to call the bank and try to arrange a deal where they would accept payment of the arrears to stop the foreclosure, but they are not required too. So, in that respect, it may very well be too late. That leaves a chapter 13 (or chapter 11) bankruptcy to save the home.
            So would that mean the 2nd intends to buy out the 1st ?? That is assuming in this persons case the deeds are not reversed in the recording order. Like you said HHM it is rare for the 2nd to foreclose since it would be a bad investment.

            BTW- something i noticed when reviewing Realtytrak for homes in active forclosure in my neighborhood is that they will have a auction date assigned, which i assume means a sale date. But I see those date move out in 60 day increments after the auction dates expire. not sure what causes that unless they are trying to settle, or the owner makes a couple of payments to partially catch up etc. some of these i'm watching have had the auction dates move 6 or more times
            Last edited by albacore44; 11-08-2009, 08:04 AM. Reason: added additional verbage
            Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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              #21
              Both 1st & 2nd are owned by Chase (no investors). On the 1st I owe $620k & the 2nd I owe $160k. The drive by BPO done by the 1st in July was $677k. I was denied the perm mod in Sept because the 1st says I still have equity in it. If they only looked at the 1st then there is equity but if both loans combined I'm underwater about $100k.

              So, it is too late to pay the arrears of the 2nd which is $10k to be current. I should start packing rather than wait for the closer to make their decision, right?

              Comment


                #22
                Originally posted by famlena View Post
                . On the 1st I owe $620k & the 2nd I owe $160k. The drive by BPO done by the 1st in July was $677k. I was denied the perm mod in Sept because the 1st says I still have equity in it. If they only looked at the 1st then there is equity but if both loans combined I'm underwater about $100k.

                So, it is too late to pay the arrears of the 2nd which is $10k to be current. I should start packing rather than wait for the closer to make their decision, right?
                Both 1st & 2nd are owned by Chase (no investors)
                How do you know? Did you do a qualified RESPA letter. I will take your word for it, I suppose, but in reality that would the exception, not the rule.

                First question, do you want to keep the house?

                If yes, hit the phone monday and call the 2nd mortgage lender and see if they will accept payment of the arrears, stop the foreclosure, and allow you to start making the 2nd mortgage payment beginning in December.
                Last edited by HHM; 11-08-2009, 07:51 PM.

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                  #23
                  Originally posted by famlena View Post
                  Both 1st & 2nd are owned by Chase (no investors). On the 1st I owe $620k & the 2nd I owe $160k. The drive by BPO done by the 1st in July was $677k. I was denied the perm mod in Sept because the 1st says I still have equity in it. If they only looked at the 1st then there is equity but if both loans combined I'm underwater about $100k.

                  So, it is too late to pay the arrears of the 2nd which is $10k to be current. I should start packing rather than wait for the closer to make their decision, right?
                  Theres the answer.Both loans owned by Chase. So if the 2nd forcloses, it's just Chase buying out Chase on the 1st, so I would think from a practical standpoint it makes it easier to forclose. Sorry to hear that. Best of luck to you.
                  Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                  Comment


                    #24
                    I did asked them who owns my loans and they said it was Chase. I do want to keep my house. I'm in CA. I've called Chase twice a week to check the progress and I was told that I shouldn't worry about the foreclosure because they are still reviewing my file. Apparently, that's not the case since I now have a sale date.

                    I've called but the reps said that only the assigned closer can postpone the sale date and make the decisions. However, I've called and left messages for the closer but he did not return any of my calls. I don't know what else to do. I've also contacted the attorney that's processing the foreclosure but they said I needed to speak to Chase. It seems no one can give me any answers. I have to wait for the closer. Now should I just pack & start moving? I don't what to be evicted & have my belongings tossed on the street.

                    Comment


                      #25
                      Originally posted by relief13035 View Post
                      Here's the IMPORTANT emails you need for Wells Fargo. Write an letter stating you would like to settle your 2nd and email it to all these people. You WILL get immediate response.

                      Cara K. Heiden, CEO
                      WELLS FARGO HOME MORTGAGE
                      [email protected]

                      Mary Coffin, Vice President
                      WELLS FARGO HOME MORTGAGE
                      [email protected]

                      Sharon Cecil, Assistant to Both
                      WELLS FARGO HOME MORTGAGE
                      [email protected]

                      Todd M. Boothroyd
                      Senior Counsel, Real Estate Division
                      [email protected]

                      Dick Kovacevich (415) 396-4927
                      [email protected]

                      John Stumpf (415) 396-7018
                      [email protected]
                      CEO: John G. Stumpf
                      420 Montgomery St.
                      San Francisco, CA 94163
                      1-866-878-5865

                      Mark Oman (515) 324-2035
                      [email protected]

                      Cara Heiden (515) 213-4040
                      [email protected]
                      Executive number for members to use to escalate the process 1-800-853-8516.
                      Executive Communications
                      MAC X2302-02J 800 S. Jordan Creek Parkway
                      West Des Moines, IA 50266
                      515-324-3130
                      and
                      515-324-2872

                      Denise Erickson
                      Executive Mortgage Specialist, Office of the President, WF Home Mortgage
                      MAC X2302-019
                      1 Home Campus
                      Des Moines, IA 50328
                      [email protected]
                      1-515-324-2610
                      Dear Relief, couldn't help but feel grateful when I stumbled upon your post about the second with Wells Fargo. Our second is with Wells Fargo. We are 2 weeks from our 341 hearing in a Ch. 7. I have been researching what to do about our second. We are upside down in the house, so the second with WF would not get paid if we sold it. At which point would you suggest mailing a settlement offer? By the way, our first is with B of A, they informed us that they don't require a reaffirmation agreement. We are current with our second. But with money so tight, I can barely pay that. Any suggestions? Thank you for listing the Wells Fargo contacts.

                      Comment


                        #26
                        Originally posted by famlena View Post
                        Both 1st & 2nd are owned by Chase (no investors). On the 1st I owe $620k & the 2nd I owe $160k. The drive by BPO done by the 1st in July was $677k. I was denied the perm mod in Sept because the 1st says I still have equity in it. If they only looked at the 1st then there is equity but if both loans combined I'm underwater about $100k.

                        So, it is too late to pay the arrears of the 2nd which is $10k to be current. I should start packing rather than wait for the closer to make their decision, right?
                        um yeah dont work with that kind of neg equity.
                        Filed CH 7 12/1/2009
                        341 Meeting 01/20/2010
                        Discharged 3/22/2010
                        Closed 3/29/2010

                        Comment


                          #27
                          Why aren't you guys who are claiming or have claimed bankruptcy not putting in your helocs with the bk? Is it because you are keeping your homes and not letting them go? I want to dump my house because the neighborhood is so bad and will just add the heloc in with the bk. Is there some other reason why I can't do that?

                          Also how do I find out who really owns my loan? Both my first and second are with wells fargo but maybe someone else 'really' owns them? How do I know that if I am paying wells?

                          Comment


                            #28
                            Originally posted by relief13035 View Post
                            Here's the IMPORTANT emails you need for Wells Fargo. Write an letter stating you would like to settle your 2nd and email it to all these people. You WILL get immediate response.

                            Cara K. Heiden, CEO
                            WELLS FARGO HOME MORTGAGE
                            [email protected]

                            Mary Coffin, Vice President
                            WELLS FARGO HOME MORTGAGE
                            [email protected]

                            Sharon Cecil, Assistant to Both
                            WELLS FARGO HOME MORTGAGE
                            [email protected]

                            Todd M. Boothroyd
                            Senior Counsel, Real Estate Division
                            [email protected]

                            Dick Kovacevich (415) 396-4927
                            [email protected]

                            John Stumpf (415) 396-7018
                            [email protected]
                            CEO: John G. Stumpf
                            420 Montgomery St.
                            San Francisco, CA 94163
                            1-866-878-5865

                            Mark Oman (515) 324-2035
                            [email protected]

                            Cara Heiden (515) 213-4040
                            [email protected]
                            Executive number for members to use to escalate the process 1-800-853-8516.
                            Executive Communications
                            MAC X2302-02J 800 S. Jordan Creek Parkway
                            West Des Moines, IA 50266
                            515-324-3130
                            and
                            515-324-2872

                            Denise Erickson
                            Executive Mortgage Specialist, Office of the President, WF Home Mortgage
                            MAC X2302-019
                            1 Home Campus
                            Des Moines, IA 50328
                            [email protected]
                            1-515-324-2610
                            Relief13035, do you have a similar list for Wells Fargo Home Equity?
                            I'm not a lawyer, but here's a link to my favorite bankruptycy law blog: http://www.bankruptcyorlando.com/

                            Comment


                              #29
                              Originally posted by Lajazz947 View Post
                              I just sent my letter to WF today. I offered $5000 payable over 60 months with no interest on a $50,000 HELOC.

                              I know, I know but what do I have to lose? They are pretty much unsecured anyway. I will keep you all posted.
                              Did you work out a settlement on the Wells Fargo HELOC?
                              I'm not a lawyer, but here's a link to my favorite bankruptycy law blog: http://www.bankruptcyorlando.com/

                              Comment

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