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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9083
Experience:  Since 1983
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I am just looking that may have info about dealing with a

Customer Question

I am just looking for others that may have info about dealing with a mortgage facing foreclosure when the loan was transferred right when we were getting a modification and the old servicer- hsbc was supposedly investigating where 10thousand$ in payments disappeared to back in late 2013 and at the time I was trying to get them to understand they were wrongly overcharging and placing forced placed policies on us when we were not in a flood zone and not escrowed for those things now the new servicer- caliber has given us the run around for 2 years and refused to accept payments except when we tried to do their preapproved mods (which always got cancelled after a month or so) and they have been given the western union receipts-1 alone is a missin $4.916.00 payment and i have provided docs about the insurance as well bc we got a check in the mail last week saying a class action suit was won agains t hsbc and they found we had been wrongly charged about 6grand so our share of the settlement funds or what not was $257... but we still OWE the 6k bc Caliber is just going based on what HSBC said even though the entire transaction history shows repeat fraud. now we were served foreclosure and i can not even figure out who it is since it says both caliber and hsbc and LSF8 trust and national something or other bank, etc. they have docs in the suit saying they obtained the note with some power of attorney ( our loan is a MERS and robosign etc one from late 2004 in Florida) today caliber told us we can still do a modifiction and stop the foreclosure but I explained we do not owe the 6k in policies and 10k plus of payments never applied need to be credited and he spoke with a supervisor and just said for me to send a lette explaining ll those facts (i have sent it 4times min. since ***** ***** 2014) and they will look into it. I just do not know what to say to MAKE them take this seriously- western union receipts and the transaction history from HSBC clearly show we were not credited or they reversed payments and then applied them to interest only or the trans history does not match the statements sent etc... which issue do I begin with and how can i get them to take us seriously to credit us properly? can we make a counterclaim with the foreclosure we were just served?
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Submitted: 10 months ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 10 months ago.

Thank you for your question.

Where is the property located?

Customer: replied 10 months ago.
Property is located in pinellas county Florida
Customer: replied 10 months ago.
When the loan was serviced by HSBC they tried to foreclose in Jan 2007 while we had a payment arrangement made (it turns out we were never even behind they simply had not been applying our payments and I was too young to understand to not trust what a statement says you owe) i digress, we sent a payment on the 9th for more than the agreement was for and on the 10th we were served foreclosure papers.. next thing we know the bank spend the entire year trying to spread out our payment and making false transactions on the acct history as if we were making payments all year thru 2007 and they kept reversing payments and making them disappear like on the transaction history some just have a code that literally says "investor transferred funds:unknown" lol. money just vaporized anyways we never heard anything else about that foreclosure but it that one it says they accidentally lost or destroyed the note. the new suit does not say that but on several pages of the official documents from when we closed there is a stamp across the signatures that says "endorsement void" so iti s confusing. also when the loan defaulted not only bc of hsbc refusing to correct the payments and then not accepting payment unless we paid the forced placed policies too but bc we had a huge drop in income and had a newborn with cystic fibrosis and a lot of medical expenses. since then my husband has been promoted and now makes too much for us to qualify for their modifications because our mortgage is about 900$ a month and our income is over 100k now. they do not consider medical debt we are paying off they only look that we do not have CC debt or loans etc. any advice about how to manage is appreciated. we got an offer from them for 7194 to do a deed in lieu and they sent "preapproved" modification offers we triedmultiple times but they change terms. should we apply again for a modification and provide the new income docs etc? they claim it will stop the foreclosure but I am not sure if it means I still have to reply to the summons in the 20 days or not because their rep would not say. I am really at my wit's end. I have all documentation and statements and transaction history that show they were saying 2 diff things, payment receipts etc. i am only on the deed with my husband but the mortgage is only in my husband's name.
Expert:  N Cal Attorney replied 10 months ago.

Did you apply for a loan modification through HAMP or only through the lender?

Customer: replied 10 months ago.
I applied thru both the 1st servicer- HSBC and the 2nd- Caliber home loans. They do not participate in HAMP but we did apply back in 2012 to the Florida Hardest Hit Fund and we were all the way up to the final stage and they asked us to fax 3 other docs to prove where checks in our account came from and we did, then next thing we know the company is not returning calls etc and then after a few months we got a letter from a new rep that said we had to reapply and do the entire process over again but after speaking to the rep she said we now had too much income to get approved. I explained my husband was promoted months after the 1st company stopped calling or answering calls but no luck. now they all say we make too MUCH income and do not take into account that when the loan went into default it was not because of us it was them not applying payments properly etc and they have refused to accept any payments unless we are in a modification
Expert:  N Cal Attorney replied 10 months ago.

You need a local attorney to rely to the summons and complaint, you can get a free consultation with some of them listed here.

It is better to apply directly through https://www.makinghomeaffordable.gov/pages/default.aspx

than through the lender.

Applying for a modification now will put the brakes on the foreclosure case, according to

http://myfloridalegal.com/pages.nsf/Main/C13C72583D0EF5BB8525799F00595D99#5

which states: "if a loan modification application is made after the foreclosure action is filed with the court, the bank is required to request that the court stay or suspend the foreclosure action while the loan modification is pending."

Please follow up on this with a local attorney.

I hope this information is helpful.

Customer: replied 10 months ago.
the current servicer (caliber) does not participate in HAMP but thanks I did speak to 1 attorney here briefly that said 4 yrs ago we would have had a lot better luck but that florida took the money from the govt bailouts and is using it to quickly push the remaining foreclosures thru the system. apparently we are unlucky with the area we live in/tampa bay caring more to clear the logs. the atty said none of his clients get more than 90 seconds in front of the judge and there is no such thing as fair here. he is a top rated local atty and highly ranked even on you tube so that was discouraging. he said we had multiple defenses but that as soon as they learn of our current income and we are not underwater by much he said the bank will likely go the greedy route lol. ah well. i shall call some more and see how it goes. thanks
Expert:  N Cal Attorney replied 10 months ago.

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