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My loan servicing company turned my loan over to another servicer

 
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Customer Question

My Loan servicing company turned my loan over to another servicer back in sept.'11. At that time i was on a repayment plan. The new servicer wanted the full amount right then. I explained i do not have it. So they suggested i do a home mortage loan mod. and put the arrears at the end and lower my interest rate. I agreed, since then i have filled out 5 HAMP packets and now i'm receiving Foreclosure letters from a lawer. In this time frame i have spoke with 16 different people at this company never the same one. What should i do?

 

Optional Information:
Country relating to Question: United States
State (if USA): Louisiana

Already Tried:
working every available thing they have asked to do.

Submitted: 359 days and 15 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  LegalBeacon replied 359 days and 15 hours ago.

Good evening. Your bank is acting like a typical bank.
They think because they have all the money, they can simply shove this stuff
down your throat. And, most of the time, they do because people pretty much
fold their tent and just take it. But, you should not. To go
this route a borrower should write the servicer a certified, return receipt
requested letter detailing the history and demanding that the lender resolve this in accordance with the borrower on terms that work for the borrower within a short specified
period of time or the borrower will have no choice but to file a claim against
the lender. The borrower would want to mention
that this claim will be filed as a bad faith claim, which will entitle the
borrower not only to actual damages, but Punitive Damages as well. Many times, only the suit needs to be filed,
because the bank is just like a big bully....i) they beat up on people because
most people let them, and ii) they back down quickly when someone actually
calls their hand......the bank knows that when taken to court, they have a
problem for two reasons...1) the judge will enforce the law rather than
allowing the bank to simply make it up to suit their own needs; and 2) if a
jury is selected, the bank knows it's like the "Revenge of the Nerds"
where everyone on the jury that has ever been screwed by a bank or other bully
gets to exact their revenge....though they shouldn't, each juror brings their
own lifetime biases to that jury room.



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