WELLS FARGO NEVER GOT BACK TO US REGARDING A SUBMITTED CONTRACT AND THEY EVEN DELETED ALL THE EQUATOR FILES DUE THAT WAS IN LITIGATION

EVERYTIME I CALL WF THEY SAY THAT THEY CANT DISCUSS ANYTHING WITH ME BECAUSE THE FILE IS UNDER LITIGATION AND ALL THEY CAN DO IS REFER ME TO THEIR FORECLOSURE ATTORNEY. FANNIE MAE IS NOT THE OWNER OF THE LOAN NEITHER OTHER GSE, WITH THAT SAID WE HAVE A FORECLOSURE SALE DATE SCHEDULED FOR DEC 3RD. I ALREADY ESCALATED THE CASE BUT WASN'T LUCKY, ALL THEY SAY IS CALL OUR ATTORNEY. THE ONLY OPTION THAT I GET IS THAT SELLERS NEED TO GET THEIR OWN ATTORNEY TO MOVE THIS. WELLS FARGO FORECLOSURE ATTORNEY SAID THAT OUR SHORT SALE WAS DENIED BUT WE NEVER HEARD ANYTHING FROM THE SERVICER REGARDING THE SUBMITTED OFFER. WHY WERE WE SKIPPED IN THE PROCESS AND HOW EVERYTHING JUST WENT TO LITIGATION AND WE WERE NOT EVEN COUNTER OFFERED OR DENIED BY THE BANK? DO I HAVE ANOTHER OPTION AS A LISTING AGENT? PLEASE SUGGEST, THANKS.

Replies

Franches Schnell October 19, 2013 at 5:59am

We submitted the short sale package twice and this is what we got in response,from Wells Fargo by email from the equator system,

"The property at (erased address) is now in unavailable or sold status. You will no longer be able to use Equator messaging for this property. If you have any questions or inquiries regarding this property, please contact customer service at 866-903-1053. "
So after we calling  Wells Fargo they were always referring us to their foreclosure attorney because they said that they couldn't discuss anything with me.

Franches Schnell October 19, 2013 at 4:41am

Yes I am from Florida, we are a recourse state
- Wayne Brooks > Franches Schnell October 19, 2013 at 5:41am
  
  Okay, so am I-palm beach county-and know the process fairly well. France's, do you know what gives this file the "in litigation" status? Even an aggressive defense during the foreclosure, is over now.
  I think I'd resubmit to get the ball rolling. I don't know about your county, but here it's fairly easy for the defendant to go to court and get a sale date extension, assuming they can show legitimate progress on a short sale with the lender.
  - Franches Schnell > Wayne Brooks October 19, 2013 at 5:52am
    
    Wayne, I dont have anything to proof track of the communications with the lender because we submitted everything on Equator and right now there are no files, I asked the servicer why was there nothing on equator and they said that its because the file is in litigation. We only heard from the lender foreclosure attorney that the short sale was denied. But we never heard anything regarding to the submitted contract for purchase from the servicer.
Wayne Brooks October 18, 2013 at 3:38pm

My inquiry about the investor, was just trying to figure out if this was some "policy issue" with not processing a short sale, with a scheduled sale date, even though it's 45 days away. We still don't know what the "it's under litigation" means. If this is a Florida case (I didn't catch that), they're all judicial but since a sale date is established at the final judgment hearing, or trial, the case is "disposed" with no further actions pending. I don't get the litigation status, unless it's being appealed, and I'm still not sure how that stops the short sale review. There was no mention of a BK filing, but BK's are routinely filed here with the sole intent of delaying a scheduled sale, in order to complete the short sale process.
- Sarah Eakes > Wayne Brooks October 18, 2013 at 3:56pm
  
  Based on my experience, it sounds like this borrower filed some sort of Answer or Motion or Discovery AT SOME POINT during the judicial foreclosure. Even though judgment has been entered, lenders are sometimes being extra cautious and still consider the file to be 'in litigation' until the foreclosure sale actually occurs. The case truly isn't closed until sale - there are often post-judgment motions trying to prevent the sale from occurring.
  
  If your borrower had an attorney, I suggest the attorney speak to Wells Fargo's attorney regarding the short sale and make sure it's being reviewed. To my understanding, lenders are required to review loss mitigation post-judgment as long as it's still a certain number of days before the scheduled sale (I think it's 15 days but I won't swear to it).
  
  It may be the lender was never provided a 'full package' for consideration - if no full package is received, I do not believe a denial letter is issued because technically, the review didn't even start (and would not until a full package is received).
Franches Schnell October 18, 2013 at 8:58am

It's not owned by Fannie neither Freddie. What would be another option for me to see who else owns the loan? Help please. Thanks.
Wayne Brooks October 18, 2013 at 8:45am

Suggestion #1--Stop using ALL CAPS.

Do you know who the investor is?
- Franches Schnell > Wayne Brooks October 18, 2013 at 8:52am
  
  OK sorry for the caps. It's not owned by Fannie neither Freddie. What would be another option for me to see who else owns the loan? Help please. Thanks.