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DIL BOA advice or comments requested

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    #16
    Tobee... I really don't trust the banks anymore and I don't want them to get my current financial data when applying for the DIL. They would probably see it and say we could qualify for a loan mod and we are done with that house....financially, emotionally, everything. The house were renting (wink, wink) is really creative financing by a relative.

    So sad that they let your house literally fall apart into ruins after you left. I sometimes think my old house is caught up in a mess with the title too. First of all, we bought it as a short sell with the original mortgage through NASB who in turn sold it to Countrywide, who was bought out by Bank of America. I see alot of opportunity for error during the peak time they were pushing electronic signatures on title documents. So...I hope and pray that they won't let this drag out much longer but our home too could just set there vacant and rot too.
    CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
    Discharged: 7/25/12

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      #17
      Originally posted by Billssuck View Post
      Tobee... I really don't trust the banks anymore and I don't want them to get my current financial data when applying for the DIL. They would probably see it and say we could qualify for a loan mod and we are done with that house....financially, emotionally, everything. The house were renting (wink, wink) is really creative financing by a relative.

      So sad that they let your house literally fall apart into ruins after you left. I sometimes think my old house is caught up in a mess with the title too. First of all, we bought it as a short sell with the original mortgage through NASB who in turn sold it to Countrywide, who was bought out by Bank of America. I see alot of opportunity for error during the peak time they were pushing electronic signatures on title documents. So...I hope and pray that they won't let this drag out much longer but our home too could just set there vacant and rot too.
      i hear you about the trust issues. it also sounds like there could be issues with your actual mortgage instrument with all the exhanges that happened. with your situation, however, missouri foreclosures are non-judicial because a contractual power of sale is valid in missouri, a state which allows the use of deeds of trust to grant a security interest in real estate. (see Chapter 443 Mo. Rev. Stat.; Abrams v. Lakewood Park Cemetery Ass’n, 196 S.W. 2d 278 (Mo. 1946).

      this stinks because subject to the time limits set forth hereafter, a foreclosure sale may be conducted on any date after a Notice of Default is sent to the you.

      sounds like you have it together!! i would also want OUT asap. for me, it's just not going to be that easy. however, actually, i don't care anymore. i can't with nj have a statue of limitations for deed transfers of twenty years. so that house will most likely be in our names until we are gone. oh well.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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        #18
        Originally posted by Billssuck View Post
        Well I'm at the conclusion that a DIL is just another run around by the big banks to do "something" but not really getting anywhere. We have decided to ignore the letter...

        Tobee43...long time...everytime I think about my old house sitting empty, dark, and cold and not maintained, I picture the description you gave of your old home with the trees growing up inside of it. Pathetic what the banks are doing. A home similiar to our old house had the copper piping and electrical wiring stolen out of it. They lowered the price $60,000 because of this and it finally sold.
        We have been getting letters and phone calls from REDC for BoA on our 2nd mortgage (yes, that is correct -- our 2nd mortgage based upon the loan number they are quoting). They are trying to push a DIL which is ironic because the 1st mortgage (also BOA) had already gotten the Motion for Summary Judgement hearing set up for early January. We have faxed and mailed back the offers with Refused over it and also indicated the Chap 7 discharge. Today they called again but we missed the call. I did call back and the first thing you hear on their recording is a warning (and they do warn you) that "This is an attempt to collect a debt" -- there was no maybe in any of it. I expect that if I had continued the conversation and they found that our income had gone up since we were discharged, I'm wondering if they would have tried to offer a loan mod -- which I doubt they could do as the 2nd mortgage but they maybe they thought they could guilt us into "settling" with them (like we would forget the loan was already discharged?) -- or they would use that as an excuse to stop the 1st mortgage from foreclosing until they got a better deal from them. Who knows.....

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          #19
          BOA is stupid, period. No one communicates and they continually do the opposite of what they suggest they will do. Do not send them any curent info let it ride, wait them out. We had a foreclosure date of 1/18/13 to sell our rental property in another state (debt on that property discharged 3/2012). We rec'd a a motion to vacate the sale last week from the "servicer" of the loan (per BOA they just service the loan that's all???) attorneys and the reason for withdrawal is "possible loan modification agreement in place" REALLY???? We have never talked with these morons, do not even know about them until recently when BOA told us they were just servicing the loan and certainly have no intention of signing a loan mod or anything else for them...WTF....

          So now we wait again...we called the number provided in the letter they sent witht he withdrawal and left a message that this debt was discharged on such a such date and here is the discharge info. We also said we are in no way shape or form signing anything to assume this debt again. So here we go again starting the foreclosure process all over again with these clowns just to probably have it sold again down the line.

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