Replies to This Discussion

Permalink Reply by Smitty on January 6, 2012 at 9:12am

I call the attorney's office handling the foreclosure and ask if it's postponed.  You can't trust BOA to do it right.  You need a LOA to talk to the foreclosure department.  Fax it in, and wait 24 hours and call them.  That is a standard for me now.  Any time I have a BOA property with a sale date, I automatically send lOA to foreclosure dept, so I can verify cancelation.

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Permalink Reply by Joseph N. on January 6, 2012 at 9:15am

Clients home went to foreclosure.  I saw no effort on the part of the negotiator. NONE. 

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Permalink Reply by Smitty on January 7, 2012 at 6:54am

Joe, I'm sorry.  That stinks.  So SS dept authorized it to be canceled and it wasn't?  I wonder if you can get it rescinded.  I've never done that, but I've seen other agents say it can be done.

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Permalink Reply by Jessica Kesler on January 9, 2012 at 5:16am

Just had an episode of this in my office - We had requested postponement the week prior and followed up every other day, if not every day, to see if it was granted.  The negotiator didn't even address the "task" on his end to postpone.  The homeowners are now filing a claim against BofA for that reason.

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Permalink Reply by Sheyenne Schultz on January 8, 2012 at 1:13am

Several ways. Have the negotiator actually put it in writing in equator, so you Have it in writing. Also, call customer service dept...always document the date and time and first and last name and spelling of the person who you talked to in customer service and ask them if they show a trustee sale date postponement has been requested. Once they say yes, ask them WHO requested the postponement. They should be able to give you the name. It should be your negotiator. Ask who your negotiator's manager is and get their number and also email and call them to request postponement. Keep going up the ladder until you see this postponed. Even if they say it is postponed over the phone, tell them to post it in writing in equator also. Just keep on them everyday til you get it postponed. Stay diligent...when you don't stay on top...this is when it slips thru the cracks.

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Permalink Reply by Mike Rizzo on January 8, 2012 at 6:24am

3 things you can do:

1.  Escalate the issue

2.  Call the attorney handling the foreclosure to see if they've received notification to postpone.

3.  Call the investor.  I had a similar instance where the negotiator said they were requesting a postponement.  It got to the final day so I called Freddie Mac and was directed to the person handling the file.  I was told that no request had been made and he postponed it within two hours of the sale.  I had to fax him the sales contract and a couple other documents.  Maybe I was lucky but it worked once for me.

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Permalink Reply by Karen Roberts on January 8, 2012 at 3:51pm

It is deeper than this.  How can we know for sure that the servicer... really has the authority to negotiate the property, service the property and collect the proceeds from the property.  The servicing agreements are so bogus and unauthorized it's a joke.  We had a ss that was serviced by BofA.  We received a notice of assignment that the beneficiary was transferred to US Bank.  BofA does NOT service US Bank  loans.  We challenged BofA and you wouldn't believe the threat's we received when we challenged them.  I believe all of us need to obtain verification that the servicer has the CURRENT authority to service the loan that they are purporting to service.  They will NOT provide it and will challenge any one that challenges them.  PLEASE! Let's stand together and mandate that the servicer provide the servicing agreement that allows them to "in fact" service the loan they are purporting to negotiate and collect on.

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