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  1. I was successful in obtaining a permanent modification from Indymac. It took 2years but it happened.
  2. I just got off the phone with Ocwen and they will not allow them to take over the modification. The terms of the permanent mod were that it would remain owner occupied and it is tailored to our finances. I worked 2years on that mod with Indymac myself. They have asked for the NOD as they were never sent a copy of it. They feel it is suspicious. Like maybe they are just going through the motions and not going to try and take it without the complete process. Didn't even know that was possible. But I am questioning everything Ocwen said because he said 2nd cannot go to trustee sale while we are still active with Ocwen??? I was hoping to solve this without having to file chapter 13 but it seems the only way to stop this.
  3. We are in California and the balance on the 2nd is $147k.
  4. Hello My 2nd mortgage was done through a private investor in California. We have our first through Ocwen which is current. We originally had our first with Indymac but they sold it to Ocwen. We were able to get modification with Indymac after 2 years and Ocwen upheld it when they bought the loan. Unfortunately, we have been unable to pay the 2nd which is only $750 but, due to lose of my husband employment we are just scrapping by. We have not paid since. January. They started the foreclosure process March 17,2014 and I believe a sale date will be set in a day or so. Our first mortgage has a balance of 558k and it has been appraised by someone we hired for 535k and the county has assessed it at $550k. My question is the 2nd does not want to work with us at all. They are moving forward with the sale date. What could they possible gain from it? One it sells I highly doubt anything will be left for them. They have also asked us to place their address as the new forwarding address after the foreclosure is done. It appears that they want to try and continue with our first mortgage which is at 2% due to the modification. Can they do that? Don't they have to pay the first outright after the sale if no one buys the property with both loans? We are probably going to file chapter 13 as we spoke to a few attorneys last week. Again what could they gain from foreclosing on us? Wouldn't it be beneficial to keep us in the house and work out a payment plan? Any advice?

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