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#1 2ndsout

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Posted 01 April 2012 - 09:57 AM

Hope that someone here can help. Here is the story. My wife and I have been in our house since August 2005. We also have a 5 year old. So far 2012 has been a crappy year. In January, my wife's mother was in and out of the hospital due to health issues and now she needs 24/7 assistance at home. On February 20, my father had Triple Bypass heart surgery and was in the hospital for 2+ weeks. At the beginning of March, the engine in my wife's car needed to be replaced. That cost $850.

We have been with Indymac bank since we moved into the house back in 2005. We have made our payments and have struggled from time to time because even though my wife and I work full time; our son's pre-school monthly payment is $620, which breaks down to $155 that we have to pay each week. Both my wife and I are paid bi-weekly. So you can see how this is playing out here with being able to make everything work. Money is tight. With everything that has happened thus far, I contacted Indy Mac earlier this month to verify that if we made a payment at the end of March, that we would be okay to be set up on a repayment plan. 2 representatives told me this, the amount of $1431.73. We have been working to stay fairly up to date on the larger part of our mortgage since the larger part of the mortgage is a higher payment and in the meantime, an Indymac Rep told us to not worry about the smaller mortgage. So I have been concentrating all of our money on trying to stay current on the larger mortgage now for 6+ months. Meanwhile, our smaller mortgage has suffered and is now behind a year's worth of payments...

So I made the payment ($1431.73) on Friday 03/30/2012, and then received a call from Indy Mac an hour later saying that our mortgage had been referred to a Foreclosure attorney, even though I was told by 2 representatives that I spoke with on the phone earlier in the month that we would be okay in making the payment at the end of the month.... so what gives here- they tell me one thing, and now something different has happened... and now we have been referred to a Foreclosure attorney. I've been worried sick all weekend, haven't really gotten much sleep...

I know that we are underwater in the house, but we don't have any place else to go. I talked to someone on the phone yesterday and they tell me that the loans (we have an 80/20) have been referred to the Loss Mitigation department and that they are planning to work a plan out (I hope)... Granted I know that the foreclosure process takes a long time, I am really worried about this.

We don't have any credit cards. We have been paying on the mortgage, our son's tuition, and basically just trying to live off of what we make...so it's not like we are living "the wild life", etc.

I just don't know what to think or feel right now, but I know that I don't want to go through a Foreclosure to the end. I have read some stuff about Deed in Lieu and Short Sales but these are not an option right now.

I want to save my home. What can I do? We are in the state of Ohio, if that helps.



#2 SportsNut

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Posted 01 April 2012 - 09:34 PM

What state is the property located?

Foreclosure and fc law are state specific; differ from state to state.

#3 2ndsout

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Posted 02 April 2012 - 07:33 AM

What state is the property located?

Foreclosure and fc law are state specific; differ from state to state.


We are in Ohio, just east of Cincinnati.

#4 SportsNut

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Posted 02 April 2012 - 09:18 AM

Sorry, I didn't read the last line of your orig post or I would have seen that you were in Ohio.
OH foreclosures usually take about 5-6 months unless contested. Of course I know you don't want to go there.

What may happen with loss mit is that they will take a look at FMV vs LTV. From what I understand from your orig post is that both mtgs are with the same lender? Even if under the same retail name, 1st & 2nd mtg do not always have the same underlying investor and the same parameters. What the Loss Mit dept may do after evaluating is attempt to get you to setlle, by essentially settling the 2nd mtg for less than face amt owed. This kind of depends on who the lender if and their investment philosophy on these outstanding but underwater 2nds. If the property goes to fc the 2nd gets nothing anyway, correct? If so, it is not uncommon for the 2nd to attempt to capitalize on a motivated owner who like to keep their property and maybe pony up X amt of $$ for the 2nd mtg to be paid in full, and released. If you entertain this approach just make certain that the 2nd is truly paid in full with 0 chance of a deficiency judgment from the lender against you.

Who is the lender, both 1st and 2nd? What county are you in? One could research the records of surrounding counties to get a feel of whether this lender is pursuing fc on any 2nd mtgs. This would take a bit of research and analysis of data obtained, but you could likely determine what their REAL strategy is and has been. Whether there is any history of settlements and releases of 2nd or actual suits of fc by the 2nds. Probably getting into this too deep for here, but just some ideas on what could produce some usable info. Good luck on it.

#5 2ndsout

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Posted 03 April 2012 - 08:25 AM

Update: 04/03/2012

I talked on the phone for the better part of 2 hours and 15 minutes to the Loss Mitigation Dept, with Indymac. I spoke with a rep who had mentioned that they are waiting for the "Reinstatement Quote" to be generated, which should be Wednesday. They accepted the payment that I called in on Friday and he mentioned to me that in the process of getting set up on a repayment plan was an oversight on their end by the senior agent and supervisor... In short, I have over $2400 that is now in a suspension account with Indymac. With the Reinstatement Quote it is going to be a quote that vary but will probably be upwards of $3000+. Indymac is going to use the Suspension account money to apply towards this amount, where I will just pay the difference. Once that is done, then I can resume paying a standard and normal mortgage payment per month.

I asked the agent last night- if my loan was put into foreclosure; why was I not sent a letter stating that it was going to foreclosure? The day that I had called to verify making the payment last friday was the same day that it was referred to the foreclosure attorney.

Can anyone who has gone through this provide an idea of what Indymac is called "Corporate Advance Fees". What amounts do they charge and what monetary figures have people seen?


Edit: Sportsnut- both of the loans are with Indymac. I am seriously thinking that once we get back on track and do good with payments for 6 months, I am thinking of looking at refinancing or is it possible to shop the mortgage to a different mortgage company to try to get a better rate? Is that even possible?

Edited by 2ndsout, 03 April 2012 - 08:27 AM.


#6 2ndsout

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Posted 05 April 2012 - 06:49 AM

Update: 04/05/2012

I called in and talked with the Dept. again yesterday. The person I spoke with named Kevin was out for the day...so I talked with another person for about an hour. They still don't have a Reinstatement quote yet (as the paperwork is still with the attorneys.) Even though I have been promised a Reinstatement Quote now 4 times since Monday of this week. They said it would be ready Monday or Tuesday, and then Wednesday. Yesterday I was told that it would be ready on Friday. We will see. I have mentioned numerous times that I don't want to see this go full term (meaning I don't want the home to be in the foreclosure process any longer then it needs to be.) They have NOT set a sale date. The woman I spoke with yesterday said that if a sale date was set, it would not be until October 2012. I don't want to wait on this and I want to get this taken care of as soon as possible.

Since we have been concentrating on the 1st Mortgage, the 2nd Mortgage- I was told yesterday; has been charged off. She also told me that Indymac is not going to pursue trying to collect on the 2nd Mortgage and that it would be "Fully Extinguished"... Keep in mind that we had an 80/20 loan on $143,000; which was the purchase price of the house. The county auditor did an appraisal last year and the property was appraised at $122,000. I know that we are underwater on the loan.

My head is swimming right now, and I have been trying very strong to keep myself from going mentally crazy in that aspect. With this added information, she told me that there is one person in their department that I could speak with to possibly set up and pay on the 2nd Mortgage. I don't just want to simply let that lie because it was in essence almost $28,000- and I was told by an Indymac Rep back last year to concentrate on the larger part of the mortgage and "then we will worry about the 2nd Mortgage".


Waiting on the Reinstatement Quote... but wondering what the hell do I do about the 2nd Mortgage???

#7 SportsNut

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Posted 05 April 2012 - 08:50 AM

2nds,

I feel that you are doing yourself more harm than good by hanging on the phone with loss mit for hr+ each time. You are no doubt too emotionally involved here and on the phone with those who recognize this, aka debt collectors, albeit in-house folks in loss mit. You would (if you could force yourself to do so) do yourself a favor if you just stopped communicating with IM over the 2nd... and get someone else to do so who is capable and equipped to bring this to a resolution, if possible. Again, doubtful that you are able to tear yourself away from doing so though, from your previous posts.

They have chg off the debt, and there is no way that they will foreclose on this mtg; period. Now this does not preclude someone else from buying the debt from IM and attempting to collect, but again... they aren't going to foreclose either. Fc simply doesn't make any sense financially for IM or anyone else who owned the debt. All the best, SN

#8 2ndsout

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Posted 05 April 2012 - 09:28 AM

2nds,

I feel that you are doing yourself more harm than good by hanging on the phone with loss mit for hr+ each time. You are no doubt too emotionally involved here and on the phone with those who recognize this, aka debt collectors, albeit in-house folks in loss mit. You would (if you could force yourself to do so) do yourself a favor if you just stopped communicating with IM over the 2nd... and get someone else to do so who is capable and equipped to bring this to a resolution, if possible. Again, doubtful that you are able to tear yourself away from doing so though, from your previous posts.

They have chg off the debt, and there is no way that they will foreclose on this mtg; period. Now this does not preclude someone else from buying the debt from IM and attempting to collect, but again... they aren't going to foreclose either. Fc simply doesn't make any sense financially for IM or anyone else who owned the debt. All the best, SN


In all honesty; I have only been talking with Indymac about the first mortgage. It wasn't until yesterday that they told me that the 2nd mortgage had been charged off, so I wasn't expecting that information. I knew that we were behind on the payments for the 2nd mortgage, but I was so concentrated on getting the 1st mortgage caught up...

The person that I spoke to yesterday told me of a program in the state of Ohio that helps people out with this type of stuff and it doesn't cost anything- so I am going to talk with them today and apply to see if they can help us in our situation.

I know it sounds like I am being overly emotional in my posts. All I want is to have some stability and get my mortgage back in order....this is the house that me and my wife bought together and we have our son that we are raising... so it is important to me to get this taken care of sooner rather then later. I am just trying to get as much information as possible. I don't want to be caught on the short end of a deal months down the road and have no place to go.

Even though they said that the 2nd mortgage is charged off- the last thing I need is an outside CA calling me and harassing me or my wife into making gargantuan payments that we would not be able to afford or make.... that is why I am trying to be as proactive as possible to get this taken care of now.

#9 butterflywings

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Posted 05 April 2012 - 09:43 AM

Have you thought of exploring other avenues for your son's preschool? Preschool does not have to cost that much money, or any money for that matter. If you want your son to be raised in this house, then why not pull him out of the preschool that he is currently in, and put him in a public preschool? That will give you an extra $620 a month to pay your mortgage with.

#10 2ndsout

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Posted 05 April 2012 - 05:52 PM

Have you thought of exploring other avenues for your son's preschool? Preschool does not have to cost that much money, or any money for that matter. If you want your son to be raised in this house, then why not pull him out of the preschool that he is currently in, and put him in a public preschool? That will give you an extra $620 a month to pay your mortgage with.


Kind of limited on the amount of schools in the area. We did shop around. I'm not sure that we would want to cut in on our son's education.

We have cut back on a lot of things and sold off stuff as well (one of my cars (went to the scrapyard for $300), Guitar, Drum Machine)...things that I don't "need" but were toys in the mix, so to speak.

I've done some research today and there is a state wide ohio program called Save the Dream, which helps distressed homeowners. I put a call into their number and they are supposed to contact me within 10 days, but there are also some forms that I will need to fill out online.

Just trying to do as much homework on this as possible- trying to stay in front of all this.

Feel like a 100 ton weight is on my shoulders and everything that I had wanted to do with my spare time/family time, etc. is now on hold indefinitely until I can get this all sorted and figured out.

Edited by 2ndsout, 05 April 2012 - 05:54 PM.


#11 SportsNut

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Posted 05 April 2012 - 08:24 PM

2nds,

You are going to do what you think is best, Save the Dream, et al...
What I am suggesting to you is to get an Atty who is debt oriented who is well versed in negotiating with Mortgagee's for the purchase or settlement of the exact type of situation that you have now... for pennies on the dollar. Doubtful that Sv-th-Drm will do such a thing, but not sure. Your situation is prime to be able to pluck that mtg away from IM for a very small amount of cash and if so, then the 2nd mrg is settled forever... not modified, not putting payments toward a mtg that is way above the value of your home, etc.

Enough said by SN. Good luck on it.

#12 2ndsout

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Posted 06 April 2012 - 07:29 AM

2nds,

You are going to do what you think is best, Save the Dream, et al...
What I am suggesting to you is to get an Atty who is debt oriented who is well versed in negotiating with Mortgagee's for the purchase or settlement of the exact type of situation that you have now... for pennies on the dollar. Doubtful that Sv-th-Drm will do such a thing, but not sure. Your situation is prime to be able to pluck that mtg away from IM for a very small amount of cash and if so, then the 2nd mrg is settled forever... not modified, not putting payments toward a mtg that is way above the value of your home, etc.

Enough said by SN. Good luck on it.


Sportsnut,

Thank you for the info. I'm just trying to look at as many different avenues as possible. Please don't be upset at me for trying to seek out information. I just looked at the making home affordable website this morning, so I am going to call them as well.

Please, if you have more information; I would be welcome to hear your viewpoints in helping me to get resolution to the situation. :)

#13 orangecrush

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Posted 07 April 2012 - 03:14 AM

1. Make sure you have documentation or a written journal of all calls to your bank.

2. I think Ohio is a one party state. Double check. If so, record your phone calls.

3. Indymac has not existed since 2008(?). The FDIC seized them around that time. OneWest bank purchased most of their mortgage loans. You need to find out exactly what company you are dealing with. If it is OneWest don't be surprised if something is wrong with your foreclosure or the paperwork.

There are lawsuits claiming that OneWest has deliberately driven homeowners (through messed up accounting) into foreclosure, because it is more profitable.

4. If you decide to fight, Ohio seems to be a state that is willing to listen to homeowners and crack down on bank improprieties.

#14 SportsNut

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Posted 07 April 2012 - 01:30 PM

1. Make sure you have documentation or a written journal of all calls to your bank.

2. I think Ohio is a one party state. Double check. If so, record your phone calls.

3. Indymac has not existed since 2008(?). The FDIC seized them around that time. OneWest bank purchased most of their mortgage loans. You need to find out exactly what company you are dealing with. If it is OneWest don't be surprised if something is wrong with your foreclosure or the paperwork.

There are lawsuits claiming that OneWest has deliberately driven homeowners (through messed up accounting) into foreclosure, because it is more profitable.

4. If you decide to fight, Ohio seems to be a state that is willing to listen to homeowners and crack down on bank improprieties.


+1, +1, +1 and +1. All valid points OC. Good post.

#15 2ndsout

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Posted 09 April 2012 - 09:23 AM

Update: 04/06/2012

I called Indymac/One West Bank on Friday. They generated their Reinstatement Quote, and also gave me numbers for what we would need to get the ball rolling on a workout repayment plan. I can pay the tune of just a little over $5900 which was the amount. They charged a $42.86 "Late Fee" and $2984.00 in Corporate Greed Advance Fees. At least I had the $2430.01 that was in suspension, so that applied as well.

The second option is paying $4100 before the end of the month and then we would be set on a 6 month repayment plan that would need to be repaid by a specified date of the month (somewhere around $1415.00).

We have our income tax return coming to us which will cover the majority of the $4100. We will just need to come up with a little extra to make it all work, but the deal is only good until the end of the month- at that point they tack on another month's worth of a mortgage bill.

I have contacted the housing help programs for the state of Ohio and I am waiting for them to get back in contact with me.

And I do have all of the information written down of everyone that I have talked to over the course of this whole thing happening.


What options do I have- after paying on this good for 6 months or a year- of telling One West Bank/Indymac that I want to shop my mortgage to a different bank... is that even possible ??? (to Refinance, etc.)

#16 2ndsout

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Posted 10 April 2012 - 06:04 AM

* Bump *

Still looking for an answer for this question:

What options do I have- after paying on this good for 6 months or a year- of telling One West Bank/Indymac that I want to shop my mortgage to a different bank... is that even possible ??? (to Refinance, etc.)


Can anyone provide any options, or thoughts- once we get the loan on the road to getting back on good payments...

#17 goturtlego

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Posted 11 April 2012 - 02:32 PM

It's a risk you can take. Since you're accepting a repayment plan, don't be surprised if your credit takes a hard hit from accepting this offer. Which inturn can hurt your chances for being considered of applying for a refinance.

#18 SportsNut

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Posted 11 April 2012 - 03:52 PM

What options do I have- after paying on this good for 6 months or a year- of telling One West Bank/Indymac that I want to shop my mortgage to a different bank... is that even possible ??? (to Refinance, etc.)


You stated in an earlier post that the 2nd mtg has been charged off; haven't paid on the 2nd for a yr or so, if I remember right. This in and of itself will hit your credit pretty hard already. It is doubtful that with the c/o on a 2nd mtg that you would even qualify for a refinance at this point. Others in the mtg biz may have more specific info on that here.

Your best option is to try to settle the 2nd for peanuts <500 - 1K> and get it released, and as part of that negotiated deal getting the c/o removed from your credit. So another way to compare this is, pay maybe 200-300-400 per mo on the 2nd mtg to try to catch it up... then have a payoff of 15K, or pay a negotiated one time 500-1K-2K and have it gone forever, plus off of your cr report too for good.

Edited by SportsNut, 11 April 2012 - 03:53 PM.


#19 2ndsout

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Posted 18 April 2012 - 02:38 PM

Update 04/18/2012

I have been working on research to find out what options we have. Today in the mail I received a Summons in the mail. One was delivered both to me and my wife. What the ????

What am I supposed to do now? Now I have to file an Answer within 28 days. The paperwork with the court states that I can participate in a Mediation program as well. I had received a letter from the foreclosure attorney in regards to the past amount due.

Please help! I'm not sure what to do now. I have been in contact with the mortgage company about getting set up on a repayment plan if I paid a specified amount by the end of the month. Now I have to file an Answer as well to the court?

Please help me.

#20 SportsNut

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Posted 18 April 2012 - 03:39 PM

2nd,

Sorry to hear about the lender accelerating the note. Yes, you will have to answer the complaint, but the only answer that you can supply here to keep you in your home <long term> is most likely $$$, as in paying the default; in full or modified pymts. Doubtful that any words that you can supply them will suffice; it never seems to.

One thing that criminal Attys advise their clients is to NEVER speak to the Police. People feel that if they can just explained things to the Pol that they will understand and then the matter will be rectified or go away. It never does, the Pol just use your words to convict you. While there is a huge diff between criminal and civil situations, the theme of not speaking with the pol and not speaking with the lender run about true. All the words and excuses that you can offer up to a lender don't seem to help but hurt. The more responsive folks, aka the ones who really care and want to stay in their homes, and call the LossMit folks trying to work things out... seem to be the ones who get hammered the hardest or sooner than those who cannot be located with a search warrant; (slang term, not really a warrant... just meaning that they are underground and do not respond to mail, calls, knocks on the door, etc).

Question, which mtg is forclosing; the 1st or 2nd? It might be tough to tell at this point, but that will be identified in the paperwork, aka complaint or summons. BTW, you've probably seen this video about IndyMac nka OneWest Bank already. It has been viewed by over 3 million ppl now. The video isn't going to help you much, but it may help you begin to understand why OWB isn't really interested in ernest in providing you a work out deal.

#21 2ndsout

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Posted 18 April 2012 - 05:55 PM

2nd,

Sorry to hear about the lender accelerating the note. Yes, you will have to answer the complaint, but the only answer that you can supply here to keep you in your home <long term> is most likely $$$, as in paying the default; in full or modified pymts. Doubtful that any words that you can supply them will suffice; it never seems to.

One thing that criminal Attys advise their clients is to NEVER speak to the Police. People feel that if they can just explained things to the Pol that they will understand and then the matter will be rectified or go away. It never does, the Pol just use your words to convict you. While there is a huge diff between criminal and civil situations, the theme of not speaking with the pol and not speaking with the lender run about true. All the words and excuses that you can offer up to a lender don't seem to help but hurt. The more responsive folks, aka the ones who really care and want to stay in their homes, and call the LossMit folks trying to work things out... seem to be the ones who get hammered the hardest or sooner than those who cannot be located with a search warrant; (slang term, not really a warrant... just meaning that they are underground and do not respond to mail, calls, knocks on the door, etc).

Question, which mtg is forclosing; the 1st or 2nd? It might be tough to tell at this point, but that will be identified in the paperwork, aka complaint or summons. BTW, you've probably seen this video about IndyMac nka OneWest Bank already. It has been viewed by over 3 million ppl now. The video isn't going to help you much, but it may help you begin to understand why OWB isn't really interested in ernest in providing you a work out deal.


The 1st Mortgage is the one that is being foreclosed. The 2nd Mortgage is in a "Charged Off" status (since we have not paid on it since March 2011).

I guess it would go to say that it may be fruitless to try to talk to the Foreclosure attorney directly? I have received information from them directly as well as receiving info from OneWest Bank in regards to them giving me the Foreclosure attorneys name and phone number.

So how am I supposed to respond to the Summons? I can request a Mediation- which may be my best defense. Although in their system when I have called: OneWest Bank has had not 1, not 2, But 3 Different repayment plans that have been offered to me...

Edited by 2ndsout, 18 April 2012 - 06:11 PM.


#22 SportsNut

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Posted 19 April 2012 - 08:05 AM

2nds,

I believe the theme of what I have said to you throughout this thread is, if you go-it-alone on a fc in Ohio, the best that you will accomplish is to delay the inevitable; (maybe buy yourself a few extra months at best). You will eventually lose the home absent filing a Ch 13 or other intervention such as that. The other option is an Atty approach that specializes in FC intervention, meaning they will do the things that are at your disposal currently, that you do not know what to do. I'm not here to do a commercial for anyone, but there just happens to be such a firm right in your backyard in Northern OH, and they service ALL of Ohio, and a couple of other states too. I do not know what the costs of their intervention are, (retainer, etc), but I have seen some of their results, and they are credible and for real, IMO.

The concept of the Atty approach as I understand it is not a HAMP or other govít mod. What they do is notify your lender or their representing Atty firm that they have been retained to represent you and send a Cease and Desist letter, attempting to get any pending legal action halted. They will evaluate your mtg for violations, (Forensic Mtg Audit), and the concept is that will likely find multiple violations of Fedíl laws, (TILA and RESPA), and in doing so gain significant leverage, will request concessions in your note/mtg in the way of reductions of int rate, forgiveness of arrearage int and pymts, and sometimes even a principal reduction (or settlement of 2nd mtgs for considerable discount). The seeming advantage with the Atty approach is that the Lender knows that if concessions are not considered, the next step is a lawsuit against the lender for even a bigger bite of the apple. The risk to the lender is if they choose the litigation route, 1) the cost to defend such a lawsuit, 2) court intervention, may include greater concessions at the hands of the court, up to and including complete satisfaction of the mtg/note. So they would rather do this the easy way than the hard way, settle the noisy cases before they get out of hand; (theory of this approach, results may be more or less than the above description). Absent the Atty approach, the lender has little concern that a homeowner will be successful with the above path.

2ndsOut, I will send you a PM with the name and contact info of the firm and who to contact, for I do not wish to post that info here openly to give the allusion of a commercial advertisement, which is it not.

Disclosure: I have no connection with any of these Atty firms and receive NO compensation from any suggestion that I am offering to you or others.

#23 2ndsout

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Posted 03 May 2012 - 06:58 AM

Update: 05/03/2012

Just thought I would update everyone in this thread.

Still working on a hardship letter and the Summons Answer. I have been going around with Indymac/One West bank about repayment plans. Yesterday they FINALLY emailed me a solid document PDF that has the repayment schedule on it. Although the down payment is a bit hefty- they claim because it is from additional corp advance fees. We have a payment schedule along with due dates for all of the payments. After being promised multiple times about receiving documents, payment schedules, I feel that I am finally making some headway on getting through this.

I have also started to cut back on a lot of things as well to help save some money over the coming months. Our pay schedule is set now until October, with the mortgage set to back to a normal/regular payment schedule starting in November of this year.

I still have the mediation set for May 22. Interesting though, my foreclosure case is listed as CLOSED on the local court website... ??? Odd?

More updates soon....

#24 goturtlego

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Posted 04 May 2012 - 05:57 PM

Update: 05/03/2012

Just thought I would update everyone in this thread.

Still working on a hardship letter and the Summons Answer. I have been going around with Indymac/One West bank about repayment plans. Yesterday they FINALLY emailed me a solid document PDF that has the repayment schedule on it. Although the down payment is a bit hefty- they claim because it is from additional corp advance fees. We have a payment schedule along with due dates for all of the payments. After being promised multiple times about receiving documents, payment schedules, I feel that I am finally making some headway on getting through this.

I have also started to cut back on a lot of things as well to help save some money over the coming months. Our pay schedule is set now until October, with the mortgage set to back to a normal/regular payment schedule starting in November of this year.

I still have the mediation set for May 22. Interesting though, my foreclosure case is listed as CLOSED on the local court website... ??? Odd?

More updates soon....


You are on a repayment schedule..seems the stopped the foreclosure. That's wonderful. :) Still show for the mediation and explain you're in a repayment plan with the bank..bring all proof. Most of the time the foreclosure attorney's are not brought up to date on your status (working with the bank). It's happened to us. Good luck to you.

Edited by goturtlego, 04 May 2012 - 06:01 PM.


#25 2ndsout

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Posted 04 May 2012 - 09:16 PM

Here is a copy of the ANSWER that I am planning to take to the court and send to the attorney. Please provide honest feedback and thoughts as I will be polishing this up this weekend so that I can take it there on Monday.

IN THE XXXXXXXX COUNTY COURT OF COMMON PLEAS
OF THE STATE OF OHIO
IN AND FOR THE COUNTY OF XXXXXXXXX COUNTY




Deutsche Bank National Trust Company
As Trustee of the Home Equity Mortgage Loan
c/o One West Bank FSB
Pasadena, California

Plaintiff

Vs Case No. 2012 XXX XXXX
PPN: XXXXXXXXXXXXX

ANSWER FOR COMPLAINT
OF FORECLOSURE


Joe Sample
Anywhere Drive
XXXXXXX, Ohio XXXXXXX

Defendant

COMES NOW, the Defendant, Joe Sample , who now files this ANSWER to the Complaint filed herein by the Plaintiff; Deutsche Bank National Trust Company, and states as follows:

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES
I, the Defendant, Joe Sample, for my Answer to the Complaint, state as follows:

First Count:
1. I am without knowledge as to whether the Plaintiff is the lawful holder of the Promissory Note or the Mortgage. I also am without sufficient knowledge as to whether the amounts demanded as amounts due are accurate. Therefore, I cannot confirm or deny the allegation.

Second Count:

2. I am without knowledge as to whether or not the Plaintiff is the lawful holder of the Mortgage Deed. Therefore, I cannot confirm or deny the allegation.

3. I admit that I signed a Note and Mortgage and that I have an interest in the premises.

4. I am without knowledge as to whether the Plaintiff is the lawful holder to execute sums to pay real estate taxes, hazard insurance premiums, and property protection and maintenance. Therefore, I cannot confirm or deny the allegation.

5. I admit that I have an interest in the premises. I admit receiving a default notice. I am without knowledge as to whether the default notice is lawful. Therefore, I cannot confirm or deny that the default notice is lawful.

AFFIRMATIVE DEFENSES
I deny that the Plaintiff should be able to foreclose on my home for the following reasons:
I have contacted the lender directly and I currently have a Repayment Plan in place which will commence on May 18, 2012 through October 18, 2012.

REQUEST FOR MEDIATION
I, the defendent, Joe Sample, respectfully request the Court dismiss the Complaint. In the alternative; I have scheduled an order for mediation in the above referenced case currently scheduled for May 22, 2012; which will allow me the opportunity to further pursue a loan work out with the lender as an alternative to a final judgment of Foreclosure Sale of the property which is located at:
Anywhere Drive, XXXXX, Ohio XXXXX

I swear that the information contained in the foregoing Answer is true and correct to the best of my information and belief.
______________________________
Joe Sample

WITNESS MY HAND AND SEAL OF THIS COURT ON _____________________

CERTIFICATE OF SERVICE
A copy of this Answer was served upon Plaintiff's attorney at the following address: by certified return receipt U.S. Mail, this 7th day of May 2012, and upon the Defendants at the address(es) listed in the Complaint.


What are your thoughts? If there are things that need to be refined, let me know. As it stands currently- I have had all of my contact with the lender and a repayment schedule has been set. I should also mention that the paperwork copies of the loan documents that they sent with the complaint were photocopies. Some of them had the incorrect dates after being filed....

Edited by 2ndsout, 04 May 2012 - 09:22 PM.





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