Replies to This Discussion

Permalink Reply by Katerina Gasset on April 16, 2010 at 8:25pm

All the time. You just need to get the negotiator get the foreclosure postponed. They won't usually do it until it is the week of the foreclosure date in case the short sale starts to go sour.

Permalink Reply by Dawn Barrier SFR®,CSP® on April 16, 2010 at 9:05pm

I mean after it has been foreclosed on?

Permalink Reply by Dawn Barrier SFR®,CSP® on April 16, 2010 at 9:06pm

Postponements were requested and agents were told it should be ok, but then BOFA foreclosed anyway.

Permalink Reply by Claudine Ellis on April 16, 2010 at 11:47pm

Yes it is possible. Little bit of a fight, but you have to beg, fight and stay on the line til they postpone it. They will try to get approval from Fannie Mae or Freddie, but it can be done. I did it. Took a few days. You have to lie and say the foreclosure is the same day you call. Once they find out it's not, then play ignorant. I called a week before and told them it was happening the next morning. They scrambled and got it stopped. Hate the games, but there is no other way.

Permalink Reply by Claudine Ellis on April 16, 2010 at 11:48pm

Also, you need to be in contact with trustees and foreclosure attorney. If BOA tells you it is done, dont believe them. They say a lot of things, but you need it from the person who is foreclosing. The BOA ultimate is making the foreclosure happen, so they can stop it but if they never communicate with the trustee or foreclosure attorney, it's a mute point.

Permalink Reply by Jeannie Lugo on April 18, 2010 at 8:09am

It depends on your state. In Georgia, there is NO coming back from a foreclosure. It's done, finished.

Permalink Reply by Jessica Sulliman on May 10, 2010 at 2:53pm

I am in the process of trying to get a foreclosure sale rescinded as we speak. I have had success with OTHER lenders getting the foreclosure sale RESCINDED when the "accidental" foreclosure took place, but only in the cases where the property went back to the beneficiary. But, this is my first with BofA. I have escalated to the President's office and have been kicking and screaming for about two months now. This is a Fannie Mae, and everyone in the short sale department tells me that I am wasting my time, that Fannie does not rescind. The advocate that I am dealing with in the President's Office said that according to Fannie Mae, if the short sale is APPROVED, they will consider rescinding. Of course, ours was not, so she is in the process of trying to help us with this. Good luck, and don't give up!

Permalink Reply by Jessica Sulliman on May 10, 2010 at 3:01pm

PB, can you tell me more about the FHFA and contact info, etc.?

Permalink Reply by Vanessa Calhoun on May 11, 2010 at 11:13am

Jeannie Lugo said:

It depends on your state. In Georgia, there is NO coming back from a foreclosure. It's done, finished.

I'm in Georgia and I've been successful in having foreclosures rescinded. They've been FHA foreclosures and the recissions have occurred prior to deed recording.

Permalink Reply by Laurie Clark on May 13, 2010 at 5:05pm

I have a short sale approved and they foreclosed on the home after this. The investor is Freddie mac. What can I do? The negotiator emailed them to rescind and they denied it. I call high up (or so I thought in Bofa) to no avail. I called Freddie and they gave me a reference number along with no time frame of when my complaint will be looked into. I have to get this closed by May 25th or the buyers walk. It is already foreclosed, non redemption state but it was their mistake.
Jessica Sulliman said:

I am in the process of trying to get a foreclosure sale rescinded as we speak. I have had success with OTHER lenders getting the foreclosure sale RESCINDED when the "accidental" foreclosure took place, but only in the cases where the property went back to the beneficiary. But, this is my first with BofA. I have escalated to the President's office and have been kicking and screaming for about two months now. This is a Fannie Mae, and everyone in the short sale department tells me that I am wasting my time, that Fannie does not rescind. The advocate that I am dealing with in the President's Office said that according to Fannie Mae, if the short sale is APPROVED, they will consider rescinding. Of course, ours was not, so she is in the process of trying to help us with this. Good luck, and don't give up!

Permalink Reply by Sam Purtle on May 14, 2010 at 7:17pm

My two cents:

1. Something has to be done about this crap. Why are we helping out Bank of America by sending them short sale offers if they refuse to work in good faith? Over and over again it is the same story. Short Sale Demand Letter is received and it states specific terms which need to be completed in order to close the transaction. All terms met and closing at escrow occurs, monies are wired and then the property sells at auction. Or the alternative: short sale demand letter received and during the purchaser due dilligence period and before COE the property sells at auction although a postponement has been granted by the investor.

The solution to this mess is this - suspend the foreclosure auction until after the short sale demand letter timeline expires. pretty simple you would think.

The alternative solution is just to stop doing short sales with Bank of America and letting the million plus homeowners who are in default with them foreclose. They could save a tremendous amount of money by shutting down all of their short sale departments and breaking ties to Equator.com.

What I find humorous is their recent webinar where they are so upbeat and indicating that everything has changed, they are streamlining their processes, etc..... what a load of $$%$%@

Permalink Reply by Brigitte Powell on May 16, 2010 at 9:06am

Amen!

Sam Purtle said:

My two cents:

1. Something has to be done about this crap. Why are we helping out Bank of America by sending them short sale offers if they refuse to work in good faith? Over and over again it is the same story. Short Sale Demand Letter is received and it states specific terms which need to be completed in order to close the transaction. All terms met and closing at escrow occurs, monies are wired and then the property sells at auction. Or the alternative: short sale demand letter received and during the purchaser due dilligence period and before COE the property sells at auction although a postponement has been granted by the investor.

The solution to this mess is this - suspend the foreclosure auction until after the short sale demand letter timeline expires. pretty simple you would think.

The alternative solution is just to stop doing short sales with Bank of America and letting the million plus homeowners who are in default with them foreclose. They could save a tremendous amount of money by shutting down all of their short sale departments and breaking ties to Equator.com.

What I find humorous is their recent webinar where they are so upbeat and indicating that everything has changed, they are streamlining their processes, etc..... what a load of $$%$%@

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