Here's the situation.  My clients stopped paying the mortgage 3 years ago when their son (5 at the time) was diagnosed with ALL - a form of leukemia - as mom had to stop working to care for him full-time.  They tried contacting Bank of America for a modification which was of course declined.  We tried a short sale, had the property listed for $149K for about 6 months.  Had 2-3 showings, no offers. 

Home is in a nice community of homes which are mostly waterfront (this one has only a canal in back, not navigable by boat) and a golf course.  Home is in need of repair and a facelift - front curb appeal is not good.  Inside not as bad as outside.  They withdrew the listing because at some point BOA gave them hope of modifying again, as they really wanted to keep the home. 

I was driving through the neighborhood recently and thought of them and sent a quick text to the Seller to ask how their son was doing.  She said he's doing OK but we have a foreclosure date in 2 weeks.  WHAT?!  Immediately I called them.  They attending a hearing and got it postponed.  One of my investor clients made an offer at $100K. 

Now the sale date is set for April 10th.  I got a counter back from BOA today at $288K.  RIDICULOUS for this area unless its a totally upgraded home with deep water access.  Our negotiator says he can't get the sale delayed again because they haven't paid in 3 years.  Florida is a non-restart state.  I've emailed back - can I dispute the BPO?  Because its insane.  What can I do?!  Fannie Mae owns the 1st - I'm contacting them as we speak to try to intervene.

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  • Update:  I've emailed the CEO of BOA and of Fannie Mae.  I sent new comps but they said they wouldn't accept them - no reason as to why.  They are dated in the last 90 days and within 5 miles.  Our file was escalated within BOA to a new supervisor but she says Fannie denied the request to postpone the sale date and its going forward.  I don't know what else I can do now.  I've got 9 days.  I did send Fannie a form for a "Deed for Lease" which is something new they are apparently doing that allows the homeowner to rent the home back but I haven't heard anything on it and am not sure how to follow up on it as you just have to submit the form via email. 

    Oh BOA, how I love and hate you so much.  Last week they approved a short sale that gave my investor seller $8200 cash back at closing.  If only they could get it right more often.

  • the press can be powerful in these types of circumstances

  • send BofA pictures of the property and any repairs that need to be done send the breakdown of cost to bring property up to 

    what the market value would be add any upgraded features need to be done. We had a property the BPO came in 150k the property was worth around 62k  because and addition was framed and not completed however the BPO still added the addition square footage to the home.. we took pictures hybrid and showed the bank the unfinished addition had no walls no electrical or plumbing installed without this the square footage was incorporated into the pre-lim but should not be appraised as a value to the home....BofA negotiator said she didn't care it would come back to her and she will not change it. We sent to the VP desk and we got it approved for 59k

  • Good luck, Liane!
  • Update - I posted a link to the story of this family on Bank of America's Facebook wall and within 5 minutes my phone was ringing and it was a BOA rep.  I sent her the info so we'll see what comes of it.  I'll post an update when I get one.  Dang - social media works (at least I hope!)

  • P.S.  Here's the news story about my client. 

    http://www.myfoxtampabay.com/dpp/consumer/upside-mortgages-leave-ho...

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