Replies to This Discussion

Permalink Reply by Corinn on April 24, 2013 at 3:54am

Message me, Jennifer.

Permalink Reply by Fred Shocklie on April 24, 2013 at 4:03am

I had a nightmare FHA sale and I escalated it to FHA. There is a contractor, Duval, I believe. Call the FHA National Service Center 877-622-8525. You will need their third party signed. You have to get past them and get them to assign your case to a HUD Specialist. FHA is cracking down on the servicers and making them prove every little thing. Once I got to FHA, I was able to get the case manager to send an email to the servicer that the documentation was ok. The servicer I was working with would only accept hard copies, would only take their forms, and everything had to be printed on legal size paper. I am not kidding. LEGAL size paper or they would reject my package. Once I got the HUD Specialist involved, she was cut their requirements to 1/4 of what they were asking for.

Permalink Reply by joe beauchamp on April 24, 2013 at 6:14am

FHA wants judgments (over) addressed (and way too early, I think).  You are usually dealing with very low level people who understand on/off - yes/no only. WF/BofA people only see black/white. They need something to point to which says it is not their fault. Although, when it comes to divorce, banks ignore judge decrees and (as usual) do whatever they want - they are happy with their signed note and mortgage and just press on.

I assume you mean judgments and not liens - a title co can't just randomly remove liens. If you really mean lien, then someone has to take care of the lien, document that they will pay for it before the bank will move on. If you really mean judgment, then if your deed says Mary X owns the property and the judgment is for Fred X, you should be able to have an affidavit which says Mary X is not Fred X - the judgment is not hers. That should do it. Remember, banks only care about covering there butts w/FHA so if you are just waving your hands and saying it should go away, that won't cut it. You need to give them a piece of paper so they won't be fired for not creating enough hoops to stop your short sale - or something like that.

Permalink Reply by Jennifer Luna SFR on April 24, 2013 at 7:01am

This is regarding judgements. A title company provided a notorized affidavit. It was not good enough.

 

Permalink Reply by joe beauchamp on April 24, 2013 at 1:05pm

I would find out what the bank's objection is to the affidavit - these are done all the time. I suspect you have something that could be worded better, but more likely, you have run into a gum snapping new hire who only uses his brain from 9 to 10 am to keep the head from overheating. If you get a stone wall / nonsense, send your authorization to HUD. I have found that, unlike these banks, they also read what you have in the email, so you could include the affidavit and a couple of sentences why you need their help. I suspect that instead of you calling in, a couple of days later a HUD analyst will be calling you - I find that works best.

FHA demands that there will be some resolution to judgments/liens/utilities/other bills before issuing the ATP - This is what I see as nutz - often before you have a buyer - someone to help pay those things. So your "specialist" (as in special-Ed?) should (I'd say "can", but, uh, maybe needs a supervisor to help punch his timecard) tell you, as I repeatedly get, that you need to show that someone is taking care of judgment xx or you need an affidavit notarized stating that this is not your judgment (with the exact same specific info in it as the specialist stated). Done all the time, simple and really straight-forward.

So, how is your situation sooooo unique that one of these two solutions won't work? If your situation fits this standard scenario, go to HUD, WF is screwing up.  I'm trying to think of a way that you could have made something unclear, but a judgment is not a lien so is not directly tied to the property and if it is not for your seller/owner, well, that's what these affidavits are for. They are often dumb, as in the judgment is for someone 29 years old and the seller is 75 - these pinheads still insist that you have an affidavit stating that he isn't the 29 year old while they have his birthdate, etc.

Put your "specialist" on the spot. Whatever his objection is, ask what you need to do to fix it. If he is a complete obstinate idiot and gives you "I donno" instead of a clear directive, ask him if you should call HUD to find out how to fix things (you can try asking if his manager can answer your question). If he has half a brain, he doesn't want you calling HUD because they have a ton of clear rules on everything. If he only has an eighth or so of a brain, go to HUD quoting your WF "rep"'s demand and non-answer and ask them what you need to do and why WF isn't able to tell you.

It is also not unusual to find a way to "please" the bank pinhead rather than try to get the bank to do what is right. In that vein, something like a brain disconnect of your specialist, you might get an affidavit signed by your seller and an agent of the title company stating that judgment X is after any association that Mr. Y has with Ms. ex-Y (or property W) and therefore is irrelevant to any sale of property W. (This is the only weird thing I can think of for an example.) You are offering a title co to blame instead of the specialist for screwing up (in his scenario in his demented little mind).