In AZ
Divorce April 2010, house awarded to ex-wife (but loan remains in both names)
He remarries and buys another house
She remains in house, attempts refi to remove ex name from mortgage but value upside down
She is court ordered to sell the house
Traditional Short Sale MIP required huge cash contribution because homeowner bought another house (but the ex had to live somewhere!), and borrower current w/mortgage payments. Cancelled Purchase Contract and came off market.
She now has hardship - job cut to part-time, diagnosed with cancer, is delinquent w/mortgage payments.
6/19/12 submitted file for HAFA SS without an offer (not even listed). Escalated for response and on 7/20/12 LRC Document Collector advised they need the ex's financials. He is active duty military and deployed.
In a loop LRC, BofA, Military Assistance Team ... line disconnected.
Making Home Affordable FNMA Supplemental Directive says if property awarded to ex in divorce the financials of the other person are not required.
QUESTION: has anyone ever received an exception to BofA's over-lying requirement for financials of the ex? Not sure how I would get them, he is in Iraq on active duty. Not sure why they are even pertinent to the decision. Any guidance will be much appreciated. I can't get to anyone above the Document Collector for an intellectual conversation about this.
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I would strongly suggest you go to Fannie Mae on this one, that's the easiest way to get this escalated. If BofA is not following the investor guidelines, contact FNMA, and they'll get a hold of someone to escalate the file at BofA. Asking BofA to rectify a problem with BofA is asking the fox who just stole your eggs to guard the hen house.
Thanks Jim. I was going to do that but the escalation guidelines for FNMA say that you have to have an offer before escalating. We aren't even on the market yet, waiting for HAFA w/out an offer approval. Do you think I can escalate @ FNMA anyway?
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