Anybody else having trouble getting BOA to postpone Foreclosure date while being considered for HAFA?

Here is the letter I wrote to my negotiator this morning...Please someone give me some more ideas....I am wondering how pervasive this problem is....


Brian,

I am a borrower who has tried to comply with HAFA application requirements.
According to AMS (3rd party handling Freddie HAFAs), my application was completed on Sept. 10.  They have no
record that I am in foreclosure...However, BOA records note that foreclosure
proceedings were initiated Sept.14 with an auction Sale date of Nov. 2.  I
have called BOA repeatedly. I have called AMS who has no ability to help. I
have also engaged a HUD counselor to help.
The Freddie Mac guidelines state foreclosure proceedings are not to be
initiated while being considered for HAFA. According to Freddie Mac’s HAFA
guideline #D65.7, “
the Servicer must not refer a Mortgage to foreclosure or complete
a foreclosure sale  … while determining the Borrower's eligibility and
qualification for HAFA”


I am at loss to know what to do....The sale is 10 days away.  My repeated
attempts to rectify this situation are well documented by my realtor, AMS, HUD,
BOA, and myself. My only choice at this point is to try to escalate my
complaints to the Georgia Attorney general, the Treasury Dept., and Freddie
Mac, all of which are supposed to oversee servicers and the implementation of
HAFA.

At this point, I will give this situation until Monday, October 25 to be
resolved. If it is not taken care of, I will be calling all of the parties
above in order to initiate investigation into BoA's and specifically your lack
of action regarding stopping the foreclosure auction of my property.

Sincerely,
Laura Rencher


Views: 65

Replies to This Discussion

As a follow-up to this post, I called last night Oct. 22 to the foreclosure department, according to his system, my foreclosure had not been postponed. However, interestingly, a note from the dept. where my negotiator is, had been sent to the foreclosure attorney to have the foreclosure postponed. The representative told me to follow up with the attorney on Monday to make sure it was received and the sale was postponed.
I would like to think my letter above worked...but who knows...
At least we have one more month to finish the HAFA process and short sell my house...and I no longer have to take anti-anxiety medicines daily in fear my house is going to be sold on Nov. 2.

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