I just had BofA confirm that they will not accept a file into HAFA where there is a cease and desist telephonic communications request.  Sounds nutty to me, but it happened.  Anyone had the same experience with another servicer?  So, in order to get HAFA you have to agree to receive collections calls?  Hmmmmmmm.......

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Well, it makes sense if the cease and desist was sent to B of A. In the end, B of A is a debt collector, and if they've been told to cease and desist communication with the borrower, that means ALL communication--not a lawyer but that's my understanding of credit collections.  Now if the cease and desist was to, say Visa, and B of A is not involved, that's a little weird.

Funny thing is they haven't ceased and desisted communications anyway.  The folks are still plagued with calls.  I have a form I use that just requests no more phone calls but leaves open mail.  This was already on their file so I don't know what kind of request it was -- but still -- seems ridiculous if the homeowner is reaching out to BofA about the program.  So if they have a cease and desist should BofA hang up when they call them too?  LOL.  Just another hurdle I suppose.  I'm going to post this on the BofA board too.  Maybe it's just a BofA thing. 

I used to do the same thing and found it to be counter-productive.  What was more productive was to have the seller's respond to the phone call and let lender know what they are doing and answer their questions.  That way there is a record of the seller being responsive and keeping the lender notified.  BofA will note the account and reduce the amount of calls.  They are calling because they cannot reach the seller.  Have the seller let them know that they are working on a HAFA short sale and to contact you with any questions.  That has worked for me.

Short Sales are complicated enough I always keep things simple to reduce the amount of layers to get them done.

Good luck!

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