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Archive for the ‘Wells Fargo Home Mortgage’ Category

wells fargo deed in lieu of foreclosure

wells fargo deed in lieu of foreclosure

Wells Fargo states that a short sale scenario is no longer an option and MY CLIENT’S only option is Deed in Lieu.   Their reason:  the PMI company cannot agree with Wells Fargo investor.  End of story.  File is closed on Equator system. The Wells Fargo negotiator tells me that he is not allowed to talk to my client.  He (seller) must speak ONLY to point of contact immediately, and he provided name and phone number.

In this transaction, a homeowner simply relinquishes the property, turning over the deed to the bank, in exchange for the lender’s promise not to foreclose. In a straight foreclosure, a lender takes legal control of the property and evicts the occupants; in deeds-in-lieu transactions, the homeowner is typically allowed to remain in the home for a short period of time after the agreement.

Unfortunately, there’s no way to do a deed in lieu of foreclosure without hurting your credit unless you can get the lender to report your mortgage paid in full. Talk to your financial institution and see whether you’re a candidate for a deed in lieu of foreclosure. You might not be if you’re current on your mortgage payments. You might want to consult a real-estate lawyer. My tentant is now in danger of being kicked out. This is the thanks I get for not walking away and trying to cover the mortgage. I’d like to do a deed in lieu of foreclosure but I can’t with the tenant there and he’s not interested in buying on a short sale.

With a deed in lieu of foreclosure, you have the option to voluntarily transfer ownership of your home to your mortgage servicer, Wells Fargo Home Mortgage, if you cannot sell your home at fair market value or prefer to have your servicer sell your home.A deed in lieu of foreclosure may release you from the obligation to repay your primary mortgage and may help you avoid a foreclosure sale, even if the foreclosure process has already started.

Among the other major lenders, there is no formalized program for deeds-in-lieu. Bank of America, JPMorgan Chase and Wells Fargo, for instance, generally require borrowers to try a short sale before considering a deed-in- lieu transaction. A deed-in-lieu is better for banks than a foreclosure because it reduces the company’s legal costs, and it is better for the homeowners because it is less damaging to their credit score. banks can legally retain the right to pursue borrowers for the balance of the loan after a foreclosure, a short sale or a deed-in-lieu of foreclosure. That is one reason why housing advocates say borrowers should carefully weigh these transactions with the help of a lawyer or nonprofit housing counselor before proceeding.

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Written by dofha

January 7th, 2012 at 8:03 am

law suits in tennessee against bank of america

law suits in tennessee against bank of america

The plaintiff alleges that Bank of America concealed information that they were inadequately staffed to handle the large volume of foreclosures in its mortgage portfolio.  They also allege that Bank of America concealed billions of dollars in debt from its publicly reported balance sheet.

Bank of America (BA) has not garnered a stellar reputation for helping its borrowers lately. Coverage abounds about how the lender takes too long to process loan modifications and short sales and is quick to foreclose on a property. Borrowers have so far yelled and complained to BA supervisors to no avail. Now some Texas homeowners with BA mortgage loans are taking the lender to court.

Although only 15 borrowers with the Justice League of Texas, the housing in the class action lawsuit against BA and BAC-of-service is to 29 June 2010 in South Texas Division United States District Court, he is following this a try. A precedent could be created for all lenders if the borrowers to win.A class action lawsuit against U.S. Bank of America District Court Western District of Washington (Seattle), No. 10- 00488, filed on behalf of the owner, alleging that Bank of America does not fulfill its promise to modify troubled mortgage loans as a condition for acceptance twenty-five thousand U.S. dollars of bailout money from the federal government, according to a new report class.

The private actions stand in stark contrast to the few credit crisis cases brought by the Justice Department, which is wrapping up many of its inquiries into big banks without filing any charges. The lack of prosecutions — the Justice Department has brought three cases against employees at large financial companies and none against executives at large banks — has left private litigants, mainly investors and consumers, standing more or less alone in trying to hold financial parties accountable.

The suit against Bank of America involves mortgage bonds that A.I.G.’s securities lending unit bought using savings from its insurance subsidiaries, which relied to some degree on the high ratings on the mortgage bonds. A.I.G. contends that Countrywide, Merrill Lynch and Bank of America provided false information to the ratings agencies, resulting in false ratings. And the insurer will describe the steps it took to understand the mortgages that were placed in the deals, like requesting spreadsheets with data about all the loans in the deals from the banks that created them.

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Written by dofha

December 17th, 2011 at 7:01 am

2nd lien modification program suntrust

2nd lien modification program suntrust

The Second Lien Modification Program is a complement to Home Affordable Modification Program is designed for first-class mortgages. The program is expected to reach the owners of 1 load up to 1.5 million who are struggling to make mortgage payments. The Second Lien Modification Program is coordinated with the first mortgage modification programs lower in Hamp payments second mortgages and provide comprehensive solutions for owners an affordable price.

If successful, 2MP could be a breakthrough for loan mods. The Treasury still needs to release updatedguidelines for the program. Those could come any time now.The technological hurdles, however, are the “potential juggernaut,” said Leonard at Lender Processing.Under 2MP, borrowers may get the interest rate on their second mortgage reduced to 1% for five years — but only after completing a trial modification on their first mortgage through the better-known Home Affordable Modification Program (HAMP).

I am guessing that the mortgage loan modification you arranged was not a HAMP mortgage modification. The 1st mortgage may have been HAMP but the 2nd mortgage interest was not reduced to 1% so is not a 2nd lien modification-2MP under Making Home Affordable. The 2nd Mortgage would have been modified automatically under 2MP if the the 1st mortgage modification was done under HAMP guidelines.If the 1st mortgage lien has principal forbearance then under 2MP the 2nd lien mortgage modification would principal forbearance in the same ratio as the principal forbearance on the 1st mortgage lien

As an alternative to modifying an eligible second lien, a servicer, in accordance with any applicable pooling and servicing agreement or other investor servicing agreement, may elect to extinguish the entire second lien in exchange for a lump sum payment paid in accordance with the formula set forth in the table below. Extinguishment is not available for a second lien that has been modified under 2MP. Second liens that have already been charged off by the servicer are not eligible for extinguishment compensation under 2MP.

When a homeowner’s 1st lien is modified under HAMP and the servicer of the 2nd lien is a 2MP participant, that servicer must offer to modify or provide some level of extinguishment on the borrower’s second lien. The 2MP offer will be made in reliance on the financial information provided by the homeowner in conjunction with the HAMP modification and without additional evaluation by the second lien servicer.”

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Written by dofha

December 15th, 2011 at 11:29 am

wells fargo cash for keys program

wells fargo cash for keys program

It’s a way for homeowners in foreclosure — or the tenants occupying the residence — to receive cash in exchange for surrendering the keys and leaving the property in good condition.The program has become more well known as the home foreclosures continue, and several Napa Realtors describe the program as being effective.

How much someone gets under Cash for Keys depends on what the bank offers — it can be as high as $8,000 or low as $1,500, according to several Realtors. It usually depends on how quickly the person in the house can move out. Banks negotiate with the homeowner or tenant on how long they stay and the dollar amount they will receive.

J.P. Morgan Chase and Wells Fargo have started similar cash for keys programs intended to avoid the costs of foreclosures to the banks while offering an incentive to homeowners to participate in the programs. But, the incentive plans aren’t ‘free,’ meaning some banks are putting conditions on the payouts to ensure that homes are ready for new owners when the short sale goes through. Wells Fargo requires that homes be in “broom swept” condition to meet its cash for keys requirements.

Wells Fargo and Chase are the nation’s second- and third-largest lenders, respectively, behind Bank of America. A spokeswoman for Bank of America said she couldn’t provide any information on incentives for short sales.Chase and Wells Fargo don’t say how many home loans they own in Florida.Wells Fargo has 700 offices and $66.1 billion in deposits statewide, according to Federal Deposit Insurance Corp. data as of June 2010, the most recent period for which statistics are available. Chase has 247 offices and $10.4 billion in deposits in Florida.

There are many legal pitfalls to a Florida short sale, including the potential for a deficiency judgment related to what was owed on the home versus what it sold, for as well as potential tax consequences. An  Orlando short sale attorney can further explain any hidden costs of participating in a cash for keys program if your home mortgage lender is offering a similar relocation incentive.

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Written by dofha

November 30th, 2011 at 10:40 am

Wells Fargo Hamp Application Form

Wells Fargo Hamp Application Form

Wells Fargo has agreed to fund rescue packages, helping to affordable home then asked to review your application and determine whether you qualify for a loan modification HAMP. During this review and subsequent negotiations, the process of foreclosure is halted.Additionally, Wells Fargo waive any fees when you place an owner HAMP loan modification, so do not be caught in a forbearance agreement with Wells Fargo, if so, in fact, entitled to a modification of HAMP.

Therese Crowley of Deerfield, Ill., facing reduced income because of health problems and less demand for her broker services, first asked for a HAMP application in April 2009. Wells Fargo allegedly dragged its feet for four months before it sent one along, then denied the application in October and gave her bogus explanations when she called to complain.

When you contact Wells Fargo regarding qualifying for a HAMP Loan Modification, the first thing that they will ask you for is a financial prospectus, or a detailed written statement of your income, expenses, and assets. The information that you provide on this prospectus will help to determine whether or not you qualify for a Wells Fargo Loan Modification, so it is very important that you make sure the information accurately depicts your financial situation, hardship, and meets the guidelines of the HAMP Program.

Wells Fargo told Crowley to apply again, then denied her again the following month. A week later she called the bank and spoke to a woman named Paula, who “determined that Wells Fargo had erroneously overstated Crowley’s income by $2,800,” the complaint alleges. “Also, the file erroneously indicated that Crowley owed $2,381.07 per month on a credit card debt which in fact had been paid off in 2002. Paula agreed that with the correct information (information that Wells Fargo had during this entire process), in her opinion Crowley qualified for a HAMP loan modification.”

For customers who don’t qualify for the federal HAMP or whose HAMP trial modifications have been cancelled, Wells Fargo has had success in materially lowering mortgage payments through its own modification program. The company’s Wachovia pick-a-payment modification program has been able to address the unique nature of Wachovia’s negative amortizing loans through a combination of term and rate adjustments and principal forgiveness.

According to the company, about 98 percent of these customers have received material payment decreases. As reported in Wells Fargo’s third quarter earnings announcement, the re-default rates after six months on this portfolio have been less than half the re-default rate for industry modifications for a comparable amount of time. Additionally, Wells Fargo’s delinquency and foreclosure rates in the third quarter of 2009 were two-thirds that of other large competitors and the industry in total, according to the November 27 edition of Inside Mortgage Finance.

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Written by dofha

October 11th, 2011 at 8:52 am