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PNC proceeding with foreclosure when we are being evaluated for HAMP

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Well today I received a letter from PNC stating their attorney's info and telling me that they have instructed them to proceed with foreclosure. I thought they couldn't do that while we were being evaluated for HAMP. They are so messed up!

They just answered my complaint against them on Friday, stating that they would halt foreclosure activity while I was being evaluated for HAMP. Now I get this letter saying they are proceeding with foreclosure?

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Well here is an update:

So yesterday I received the letter in which PNC states that they have instructed their attorney to proceed with foreclosure. Also I have attempted to contact my new SPOC and again his mailbox was full. So I had to speak to someone else once again, She informed me that SPOC no longer works for PNC and they have not assigned a new SPOC. Isn't that against regulations? She also just informed me that they changed my loan modification from being evaluated for HAMP for an in home mod, which is not what I applied for. She tried to tell me once you are denied HAMP, you can't reapply. Although this last denial was my second denial for HAMP, go figure? I am constantly being told miss information from PNC's loss mitigation team. Throughout the process, I've sent them everything I was asked to trying to save our home, but thanks to their employees that obviously do not know how to do their job, I am now loosing my home in foreclosure. This is unacceptable! I am sick:(

 

I just disputed their letter on that website, explaining what just transpired.

 

Well today I received a letter from PNC stating their attorney's info and telling me that they have instructed them to proceed with foreclosure. I thought they couldn't do that while we were being evaluated for HAMP. They are so messed up!

They just answered my complaint against them on Friday, stating that they would halt foreclosure activity while I was being evaluated for HAMP. Now I get this letter saying they are proceeding with foreclosure?

Edited by jmw1212

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ANOTHER UPDATE:

Just got off the phone with finally a helpful employee in loss mitigation and explained that I wanted to reapply for HAMP (found out the other rep was incorrect, you can reapply at any time if your situation changes, so she lied to me)

I just had to fax a letter over signed and dated that I wanted to reapply for HAMP. Hopefully we will get our modification.

 

Well here is an update:

So yesterday I received the letter in which PNC states that they have instructed their attorney to proceed with foreclosure. Also I have attempted to contact my new SPOC and again his mailbox was full. So I had to speak to someone else once again, She informed me that SPOC no longer works for PNC and they have not assigned a new SPOC. Isn't that against regulations? She also just informed me that they changed my loan modification from being evaluated for HAMP for an in home mod, which is not what I applied for. She tried to tell me once you are denied HAMP, you can't reapply. Although this last denial was my second denial for HAMP, go figure? I am constantly being told miss information from PNC's loss mitigation team. Throughout the process, I've sent them everything I was asked to trying to save our home, but thanks to their employees that obviously do not know how to do their job, I am now loosing my home in foreclosure. This is unacceptable! I am sick:(

 

I just disputed their letter on that website, explaining what just transpired.

 

Well today I received a letter from PNC stating their attorney's info and telling me that they have instructed them to proceed with foreclosure. I thought they couldn't do that while we were being evaluated for HAMP. They are so messed up!

They just answered my complaint against them on Friday, stating that they would halt foreclosure activity while I was being evaluated for HAMP. Now I get this letter saying they are proceeding with foreclosure?

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Well here is an update:

So yesterday I received the letter in which PNC states that they have instructed their attorney to proceed with foreclosure. Also I have attempted to contact my new SPOC and again his mailbox was full. So I had to speak to someone else once again, She informed me that SPOC no longer works for PNC and they have not assigned a new SPOC. Isn't that against regulations? She also just informed me that they changed my loan modification from being evaluated for HAMP for an in home mod, which is not what I applied for. She tried to tell me once you are denied HAMP, you can't reapply. Although this last denial was my second denial for HAMP, go figure? I am constantly being told miss information from PNC's loss mitigation team. Throughout the process, I've sent them everything I was asked to trying to save our home, but thanks to their employees that obviously do not know how to do their job, I am now loosing my home in foreclosure. This is unacceptable! I am sick:(

 

I just disputed their letter on that website, explaining what just transpired.

 

Well today I received a letter from PNC stating their attorney's info and telling me that they have instructed them to proceed with foreclosure. I thought they couldn't do that while we were being evaluated for HAMP. They are so messed up!

They just answered my complaint against them on Friday, stating that they would halt foreclosure activity while I was being evaluated for HAMP. Now I get this letter saying they are proceeding with foreclosure?

 

Do you meet the 31% debt ratio test? If so, you should qualify for the HAMP modification. If not, then you will proceed to the in house modification process. They will not halt foreclosure activity if you are being considered for the in house modification. HAMP is the only thing that keeps the foreclosure process at a halt. They will file and do all the stuff for the foreclosure, but they won't go through with it, but it does stay active in the court system. I hope that makes sense....

 

 

SPOC - is that your rep in the loss mitigation department? Was yours a James O.? Because our guy isn't returning calls lately either, and I am worried that maybe he's gone too.

 

We are in Kentucky by the way.....no word as of right now. Every letter says the same thing - they are still processing our paperwork. I read somewhere that PNC won't take an offer of settlement of debt on mortgages, and my issue is like you, I don't want to spend all the money I get paying up what we owe, plus $3-5,000 in "foreclosure fees" and end up with a house that is full of problems, but my dh is giving me a very hard time about leaving. We still have no rental prospects, and there is no other choice other than wait this out.......

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Our SPOC was two different people Laquita B and now Royce T who no longer works for them. I have never spoke to either SPOC.. To this day have none.

Finally spoke to Jessica at x9040920066. Apparently she is a good rep as she has helped me twice. She seems to be the only one with a good head on her shoulders there and knows the real facts and laws. So far, she has helped me twice, the rest are useless. I have her number and pray she is still with the company through this as she has been the best in my book so far:)

 

PS: I am about $80 off from the 31% ratio. It's kind of a mess as it's all subcontractor work. I will tell you this, if I loose my home over $80 a month I will be sick. I have worked my flowers off for 28 years and thanks to our sick economy (mainly our government jobs not paying us) we have lost over 3 million in property and assets. We also lost our personal cars, trucks, equipment...the only thing left is our home and my two little boys that love the school they are in, they are both honor students, making honor grades just in public schools. I don't want to rip them from this. I have the money now to pay our payment for our home going forward from a lawsuit settlement with our now closed company. I want to make them stop the foreclosure and lower our payments to the loan mod we applied for. I have to correct because my husband worked his flowers off....for just as long.. We just need a break and quick...

 

Well here is an update:

So yesterday I received the letter in which PNC states that they have instructed their attorney to proceed with foreclosure. Also I have attempted to contact my new SPOC and again his mailbox was full. So I had to speak to someone else once again, She informed me that SPOC no longer works for PNC and they have not assigned a new SPOC. Isn't that against regulations? She also just informed me that they changed my loan modification from being evaluated for HAMP for an in home mod, which is not what I applied for. She tried to tell me once you are denied HAMP, you can't reapply. Although this last denial was my second denial for HAMP, go figure? I am constantly being told miss information from PNC's loss mitigation team. Throughout the process, I've sent them everything I was asked to trying to save our home, but thanks to their employees that obviously do not know how to do their job, I am now loosing my home in foreclosure. This is unacceptable! I am sick:(

 

I just disputed their letter on that website, explaining what just transpired.

 

Well today I received a letter from PNC stating their attorney's info and telling me that they have instructed them to proceed with foreclosure. I thought they couldn't do that while we were being evaluated for HAMP. They are so messed up!

They just answered my complaint against them on Friday, stating that they would halt foreclosure activity while I was being evaluated for HAMP. Now I get this letter saying they are proceeding with foreclosure?

 

Do you meet the 31% debt ratio test? If so, you should qualify for the HAMP modification. If not, then you will proceed to the in house modification process. They will not halt foreclosure activity if you are being considered for the in house modification. HAMP is the only thing that keeps the foreclosure process at a halt. They will file and do all the stuff for the foreclosure, but they won't go through with it, but it does stay active in the court system. I hope that makes sense....

 

 

SPOC - is that your rep in the loss mitigation department? Was yours a James O.? Because our guy isn't returning calls lately either, and I am worried that maybe he's gone too.

 

We are in Kentucky by the way.....no word as of right now. Every letter says the same thing - they are still processing our paperwork. I read somewhere that PNC won't take an offer of settlement of debt on mortgages, and my issue is like you, I don't want to spend all the money I get paying up what we owe, plus $3-5,000 in "foreclosure fees" and end up with a house that is full of problems, but my dh is giving me a very hard time about leaving. We still have no rental prospects, and there is no other choice other than wait this out.......

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I don't understand why you keep applying for HAMP? If you have already been denied, you can't keep reapplying. Sure they will keep on "trying" for you...it's a big waste of time. You have a bigget chance with the inhouse mod. Have you gone this route?

 

I am with Citi and we are going through a mod making 3 trial payments (3rd payment is due May 1) and in the paperwork we received says in big bold letters they will hault any foreclosure proceedings. Well seems the company who took on our foreclosre didn't get the memo as we received a summons for foreclosure. We answered the summons with a Motionn To Dismiss and included our proof that we are in the middle of working with the bank and vs versa. Citi says we are not in foreclosure, we have a binding contract. Seems the 3rd party who is suing us didn't get the memo. I have contacted the lawyer and she confirmed she received nothing being that our deadline to accept our Mod offer was March 5th (which we did give agreement to by that date and also made our first payment on March 1) and the 3rd party filed suit on March 12. Go figure. So things are on hold. If things don't pan out after our 3rd payment and when an agreement is drawn up, then they will proceed.

 

Does a company other than your bank have your loan? Have you been sued yet? Are you talking with the loss and mitigation dept. Or just the "customer service"?

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Well, we got a letter today saying our Loss Mitigation Rep is no longer available and we have a new one - her name is India. I will try to call her tomorrow to see where we are. We have not heard a thing since the last letter which says that they are still processing our paperwork. They are still considering us for the HAMP program, even though we applied for the short sale/deed-in-lieu. They keep having us fill out the paperwork for HAMP......and it's been a month or more since we sent in the last set of paperwork. I have been wanting to offer them the small amount we were awarded in a lawsuit as a payment in full, but it's probably not enough for them to do so. We have thought about getting a refinance, but I don't think anyone will even consider it with this foreclosure sitting in the court system right now.....just in limbo, and I do not like it.

 

Anything new with you???

 

 

 

 

Our SPOC was two different people Laquita B and now Royce T who no longer works for them. I have never spoke to either SPOC.. To this day have none.

Finally spoke to Jessica at x9040920066. Apparently she is a good rep as she has helped me twice. She seems to be the only one with a good head on her shoulders there and knows the real facts and laws. So far, she has helped me twice, the rest are useless. I have her number and pray she is still with the company through this as she has been the best in my book so far:)

 

PS: I am about $80 off from the 31% ratio. It's kind of a mess as it's all subcontractor work. I will tell you this, if I loose my home over $80 a month I will be sick. I have worked my flowers off for 28 years and thanks to our sick economy (mainly our government jobs not paying us) we have lost over 3 million in property and assets. We also lost our personal cars, trucks, equipment...the only thing left is our home and my two little boys that love the school they are in, they are both honor students, making honor grades just in public schools. I don't want to rip them from this. I have the money now to pay our payment for our home going forward from a lawsuit settlement with our now closed company. I want to make them stop the foreclosure and lower our payments to the loan mod we applied for. I have to correct because my husband worked his flowers off....for just as long.. We just need a break and quick...

 

Well here is an update:

So yesterday I received the letter in which PNC states that they have instructed their attorney to proceed with foreclosure. Also I have attempted to contact my new SPOC and again his mailbox was full. So I had to speak to someone else once again, She informed me that SPOC no longer works for PNC and they have not assigned a new SPOC. Isn't that against regulations? She also just informed me that they changed my loan modification from being evaluated for HAMP for an in home mod, which is not what I applied for. She tried to tell me once you are denied HAMP, you can't reapply. Although this last denial was my second denial for HAMP, go figure? I am constantly being told miss information from PNC's loss mitigation team. Throughout the process, I've sent them everything I was asked to trying to save our home, but thanks to their employees that obviously do not know how to do their job, I am now loosing my home in foreclosure. This is unacceptable! I am sick:(

 

I just disputed their letter on that website, explaining what just transpired.

 

Well today I received a letter from PNC stating their attorney's info and telling me that they have instructed them to proceed with foreclosure. I thought they couldn't do that while we were being evaluated for HAMP. They are so messed up!

They just answered my complaint against them on Friday, stating that they would halt foreclosure activity while I was being evaluated for HAMP. Now I get this letter saying they are proceeding with foreclosure?

 

Do you meet the 31% debt ratio test? If so, you should qualify for the HAMP modification. If not, then you will proceed to the in house modification process. They will not halt foreclosure activity if you are being considered for the in house modification. HAMP is the only thing that keeps the foreclosure process at a halt. They will file and do all the stuff for the foreclosure, but they won't go through with it, but it does stay active in the court system. I hope that makes sense....

 

 

SPOC - is that your rep in the loss mitigation department? Was yours a James O.? Because our guy isn't returning calls lately either, and I am worried that maybe he's gone too.

 

We are in Kentucky by the way.....no word as of right now. Every letter says the same thing - they are still processing our paperwork. I read somewhere that PNC won't take an offer of settlement of debt on mortgages, and my issue is like you, I don't want to spend all the money I get paying up what we owe, plus $3-5,000 in "foreclosure fees" and end up with a house that is full of problems, but my dh is giving me a very hard time about leaving. We still have no rental prospects, and there is no other choice other than wait this out.......

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I am talking only to loss mit, they can't sue me personally as we are active in BK7. That's also why we cannot try the in home mod, it's a fanne mae loan so the investors (I've been told) will not give an in home mod when you didn't reaffirm the debt.

Not true about not being able to reapply for HAMP, as a matter of fact everytime your situation changes (which ours has, we have enough income now) you can reapply. Which we did and after finally finding someone to help me at PNC, I hope this time it will be accepted. BTW: I called the foreclosing attorney's as soon as I was put back into the HAMP application process and they too had no idea we were working on a loan mod.

Yet PNC claims they have not given them to order to proceed, yet the attorney say they have it. Ok who is correct? I don't know, but I consulted my attorney and he advised that I should send certified letters documenting everything about this. I also have a phone recorder so he advised to record (after of coarse letting the party know they are being recorded) So I can start documenting everything that is told to me. That way if it comes down to it, I have an argument.

 

I don't understand why you keep applying for HAMP? If you have already been denied, you can't keep reapplying. Sure they will keep on "trying" for you...it's a big waste of time. You have a bigget chance with the inhouse mod. Have you gone this route?

 

I am with Citi and we are going through a mod making 3 trial payments (3rd payment is due May 1) and in the paperwork we received says in big bold letters they will hault any foreclosure proceedings. Well seems the company who took on our foreclosre didn't get the memo as we received a summons for foreclosure. We answered the summons with a Motionn To Dismiss and included our proof that we are in the middle of working with the bank and vs versa. Citi says we are not in foreclosure, we have a binding contract. Seems the 3rd party who is suing us didn't get the memo. I have contacted the lawyer and she confirmed she received nothing being that our deadline to accept our Mod offer was March 5th (which we did give agreement to by that date and also made our first payment on March 1) and the 3rd party filed suit on March 12. Go figure. So things are on hold. If things don't pan out after our 3rd payment and when an agreement is drawn up, then they will proceed.

 

Does a company other than your bank have your loan? Have you been sued yet? Are you talking with the loss and mitigation dept. Or just the "customer service"?

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This has happened to me like three times and to this day have "NEVER" spoke to my SPOC (single point of contact in loss mit). I will tell you who has helped me at PNC, I will pm it to you, so check your messages. She has been the ONLY one that has helped me. She is very smart and very in tune with all the programs available. I now only speak to her. BTW if they gave you paperwork for HAMP fill it out asap and send it in as that will delay the FC, but if it's within 30 or so days of the sale date it may not stop the FC. So time is of the essence. Send in your complete package making sure you dot your i's and cross your t's, make sure your loan number is on every doc you send and you sign the pages you need to sign. I've been doing this for so long I feel like a pro, lol, but not so funny:( I know.

I wouldn't offer that money just yet, apply for HAMP first, that's your best bet right now. Save that money in case you are approved so you can make your trial payments, or if not can afford rent elsewhere.

 

Well, we got a letter today saying our Loss Mitigation Rep is no longer available and we have a new one - her name is India. I will try to call her tomorrow to see where we are. We have not heard a thing since the last letter which says that they are still processing our paperwork. They are still considering us for the HAMP program, even though we applied for the short sale/deed-in-lieu. They keep having us fill out the paperwork for HAMP......and it's been a month or more since we sent in the last set of paperwork. I have been wanting to offer them the small amount we were awarded in a lawsuit as a payment in full, but it's probably not enough for them to do so. We have thought about getting a refinance, but I don't think anyone will even consider it with this foreclosure sitting in the court system right now.....just in limbo, and I do not like it.

 

Anything new with you???

 

 

 

 

Our SPOC was two different people Laquita B and now Royce T who no longer works for them. I have never spoke to either SPOC.. To this day have none.

Finally spoke to Jessica at x9040920066. Apparently she is a good rep as she has helped me twice. She seems to be the only one with a good head on her shoulders there and knows the real facts and laws. So far, she has helped me twice, the rest are useless. I have her number and pray she is still with the company through this as she has been the best in my book so far:)

 

PS: I am about $80 off from the 31% ratio. It's kind of a mess as it's all subcontractor work. I will tell you this, if I loose my home over $80 a month I will be sick. I have worked my flowers off for 28 years and thanks to our sick economy (mainly our government jobs not paying us) we have lost over 3 million in property and assets. We also lost our personal cars, trucks, equipment...the only thing left is our home and my two little boys that love the school they are in, they are both honor students, making honor grades just in public schools. I don't want to rip them from this. I have the money now to pay our payment for our home going forward from a lawsuit settlement with our now closed company. I want to make them stop the foreclosure and lower our payments to the loan mod we applied for. I have to correct because my husband worked his flowers off....for just as long.. We just need a break and quick...

 

Well here is an update:

So yesterday I received the letter in which PNC states that they have instructed their attorney to proceed with foreclosure. Also I have attempted to contact my new SPOC and again his mailbox was full. So I had to speak to someone else once again, She informed me that SPOC no longer works for PNC and they have not assigned a new SPOC. Isn't that against regulations? She also just informed me that they changed my loan modification from being evaluated for HAMP for an in home mod, which is not what I applied for. She tried to tell me once you are denied HAMP, you can't reapply. Although this last denial was my second denial for HAMP, go figure? I am constantly being told miss information from PNC's loss mitigation team. Throughout the process, I've sent them everything I was asked to trying to save our home, but thanks to their employees that obviously do not know how to do their job, I am now loosing my home in foreclosure. This is unacceptable! I am sick:(

 

I just disputed their letter on that website, explaining what just transpired.

 

Well today I received a letter from PNC stating their attorney's info and telling me that they have instructed them to proceed with foreclosure. I thought they couldn't do that while we were being evaluated for HAMP. They are so messed up!

They just answered my complaint against them on Friday, stating that they would halt foreclosure activity while I was being evaluated for HAMP. Now I get this letter saying they are proceeding with foreclosure?

 

Do you meet the 31% debt ratio test? If so, you should qualify for the HAMP modification. If not, then you will proceed to the in house modification process. They will not halt foreclosure activity if you are being considered for the in house modification. HAMP is the only thing that keeps the foreclosure process at a halt. They will file and do all the stuff for the foreclosure, but they won't go through with it, but it does stay active in the court system. I hope that makes sense....

 

 

SPOC - is that your rep in the loss mitigation department? Was yours a James O.? Because our guy isn't returning calls lately either, and I am worried that maybe he's gone too.

 

We are in Kentucky by the way.....no word as of right now. Every letter says the same thing - they are still processing our paperwork. I read somewhere that PNC won't take an offer of settlement of debt on mortgages, and my issue is like you, I don't want to spend all the money I get paying up what we owe, plus $3-5,000 in "foreclosure fees" and end up with a house that is full of problems, but my dh is giving me a very hard time about leaving. We still have no rental prospects, and there is no other choice other than wait this out.......

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I am talking only to loss mit, they can't sue me personally as we are active in BK7. That's also why we cannot try the in home mod, it's a fanne mae loan so the investors (I've been told) will not give an in home mod when you didn't reaffirm the debt.

Not true about not being able to reapply for HAMP, as a matter of fact everytime your situation changes (which ours has, we have enough income now) you can reapply. Which we did and after finally finding someone to help me at PNC, I hope this time it will be accepted. BTW: I called the foreclosing attorney's as soon as I was put back into the HAMP application process and they too had no idea we were working on a loan mod.

Yet PNC claims they have not given them to order to proceed, yet the attorney say they have it. Ok who is correct? I don't know, but I consulted my attorney and he advised that I should send certified letters documenting everything about this. I also have a phone recorder so he advised to record (after of coarse letting the party know they are being recorded) So I can start documenting everything that is told to me. That way if it comes down to it, I have an argument.

 

I don't understand why you keep applying for HAMP? If you have already been denied, you can't keep reapplying. Sure they will keep on "trying" for you...it's a big waste of time. You have a bigget chance with the inhouse mod. Have you gone this route?

 

I am with Citi and we are going through a mod making 3 trial payments (3rd payment is due May 1) and in the paperwork we received says in big bold letters they will hault any foreclosure proceedings. Well seems the company who took on our foreclosre didn't get the memo as we received a summons for foreclosure. We answered the summons with a Motionn To Dismiss and included our proof that we are in the middle of working with the bank and vs versa. Citi says we are not in foreclosure, we have a binding contract. Seems the 3rd party who is suing us didn't get the memo. I have contacted the lawyer and she confirmed she received nothing being that our deadline to accept our Mod offer was March 5th (which we did give agreement to by that date and also made our first payment on March 1) and the 3rd party filed suit on March 12. Go figure. So things are on hold. If things don't pan out after our 3rd payment and when an agreement is drawn up, then they will proceed.

 

Does a company other than your bank have your loan? Have you been sued yet? Are you talking with the loss and mitigation dept. Or just the "customer service"?

 

Just to clarify the above that is only true if you have not previosly started and failed a trial period. If you start a tril period on HAMP and fail you cannot reapply for HAMP even if circumstances change.

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Yes that is correct and I was aware of that.

 

 

Just to clarify the above that is only true if you have not previosly started and failed a trial period. If you start a tril period on HAMP and fail you cannot reapply for HAMP even if circumstances change.

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Edt: JMW,

 

Apparently I am posting this to a different thread you started. I cannot find the correct thread. Sorry for any confusion.

Des.

IMPORTANT: in the Promissory Note notice the wording that the Borrower promises to pay the "note holder".We have recently discovered that Borrowers are paying the wrong entity and perhaps 90% foreclosures are being intiated by entities that do not own the note. This is illegal.

 

Sorry JMW, but the "show me the note" argument is and always has been garbage. It is and always has been only a delay tactic. I In fact, judges are finally getting tired of this crap, especially if the homeowner is represented by an attny. In my State, one judge awarded Counsel for the lender payment of its legal fees and those fees were assessed against the homeowner's attny who I am sure is now dealing with an investigation by the State Bar.

 

Last month, a Federal District Court Judge in Minnesota awarded not only payment of legal fees but a $50,000.00 sanction against the homeowner's attny and has referred the matter to the State Bar for disciplinary proceedings. That attny will (hopefully) lose his license as he is a disgrace to my profession. In the words of this particular Judge:

 

"A plaintiff bringing a show-me-the-note claim generally argues that, because the entity that holds her mortgage (say, MERS) is not the same as the entity that holds her note (say, U.S. Bank), the mortgage on her home or the foreclosure of that mortgage is invalid. This argument is frivolous when made under Minnesota law. Indeed, this argument has been rejected by the Minnesota Supreme Court, by the United States Court of Appeals for the Eighth Circuit, and by every federal judge sitting in Minnesota who has addressed the argument. All of these courts have held clearly, repeatedly, and recently that, under Minnesota law, the entity that holds the mortgage can foreclose on the mortgage even if that entity does not also hold the note.

 

Unfortunately, neither the number nor clarity of these judicial decisions has stopped plaintiffs from continuing to bring show-me-the-note lawsuits. Many of these lawsuits are brought by plaintiffs who represent themselves. Some of these plaintiffs seem to be desperate homeowners who have searched the Internet for a way to save their homes from foreclosure, run across websites touting unconventional legal theories, and been persuaded of the merit of the show-me-the-note theory. Other plaintiffs seem to be homeowners who fully understand that the show-me-the-note theory is frivolous but who are simply looking for a way to tie up their mortgagees in court, postpone the inevitable foreclosures, and live rent-free in their homes for months or even years.

 

In Minnesota, however, the bulk of the show-me-the-note claims that have recently been filed have been brought not by desperate homeowners representing themselves, but by attorney (Name Removed). In fact, (Name Removed) has made a cottage industry out of filing frivolous show-me-the-note actions. (Name Removed) attracts clients through a website that blatantly misrepresents Minnesota law and attacks the legal system, the banking system, and other targets. (Name Removed) has been quite successful in attracting clients, who either do not know or do not care that he has never actually won a show-me-the-note claim."

 

I am still reading through this 54 page decision but I can tell you that I have been making the same arguments raised by this Judge ever since the "show me the note" theory materialized. It only delays the loss of the home. If you do not pay what is owed you do not keep the property - plain and simple. You can litigate all you want (until the judge gets pissed off enough to hit you in the pocket) but eventually the property is lost. There is no such thing as a "free house".

 

Des.

Edited by despritfreya

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I didn't get to speak to our Loss Mitigation rep yet. I hope to speak to her or someone else by tomorrow, but it's been at least a month since we have heard anything about the last round of paperwork we sent in...I hope she has some sort of update. So far, no sale date, which is fine. They have told us that we won't ever qualify for HAMP because my husband makes too much money. Not by much, but there is just no way to get it lower unfortunately. I think what hurts us too is that our loan is under $80k, so, pretty much, dh would have to lose his job before we would possibly qualify for HAMP. That is very unlikely at this point. He also could cut his hours, but that won't happen either. So, we will never qualify for HAMP unless one of those two things happen. We also can't get an in-house qualification, so our only choice is short sale or deed-in-lieu. But, we couldn't understand why we had to fill out the HAMP paperwork, and then wait for an "approval" on the short sale or deed-in-lieu request.....but that is what we are doing. I just don't know what to do about the small amount of money we are getting....I will have it within the next two weeks. I can't hang on to it for too long because my ds gets SSI and it will be counted as income after a short period of time.

After I get an update tomorrow, I will post again.

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In most states you have to have your home listed for a certain period of time before they will consider a short sale, from what I've read. Have you had it listed at all? Why aren't you able to try for an inhouse Mod? Do you show a hardship? Another idea...have you tried to get on a repayemnt plan if your dh makesenough/you don't qualify for a mod?

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Good points for doodlebugger.

DB, have you thought about those options? Please call Jessica with the extension I gave you as I think she could give you the very best advice. I pm'd her extension to you. Let me know.

 

In most states you have to have your home listed for a certain period of time before they will consider a short sale, from what I've read. Have you had it listed at all? Why aren't you able to try for an inhouse Mod? Do you show a hardship? Another idea...have you tried to get on a repayemnt plan if your dh makesenough/you don't qualify for a mod?

 

 

 

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Good points for doodlebugger.

DB, have you thought about those options? Please call Jessica with the extension I gave you as I think she could give you the very best advice. I pm'd her extension to you. Let me know.

 

In most states you have to have your home listed for a certain period of time before they will consider a short sale, from what I've read. Have you had it listed at all? Why aren't you able to try for an inhouse Mod? Do you show a hardship? Another idea...have you tried to get on a repayemnt plan if your dh makesenough/you don't qualify for a mod?

 

 

I tried to call Jessica, but got routed through the system. Don't know if it has to do with the account number, or the phone number, or what. Talked to some woman in the Loss Mit department who said that our paperwork which was received over a month ago, needed a revised hardship letter stating our intentions. She also told me that PNC stands firm on not accepting lower offers for the debt. She said that because of not reaffirming in our bk7, we are not eligible for certain things, and for repayment or mods, our income is either too much or not high enough. Our income falls right in between unfortunately.

 

As for the short sale/deed-in-lieu, PNC stated that we have to first get approved before we can list the house. We were really wanting to do the deed-in-lieu, but they said the house has to be offered for short sale first.

 

The only good news they gave me is that our house doesn't have a sale date. They said if we want to stay in the house, we have to request a reinstatement from the "law office", but when I called them the last time, they told me to call PNC. PNC tells me to call them for a reinstatement. I'm getting tired of not knowing what will happen next....and everyone we speak with tells us something different. PNC's response to the complaint I made to the office of the comptroller was interesting.....

 

Anyways....there you have it. Still in limbo. Still no answers, and yet another request for more information. Soon, they will be asking for updated bank records again. The unfortunate issue is that once they see the settlement money in the account, they will likely not be willing to approve anything. Still the same answer - we need to move away and let them have this money pit. If only I could convince dh, and if only we could find something else......*sigh*

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You shouldn't have deposited all that into your account, but rather cash it and put it in slowly.

 

 

As for Jessica call this number: 800-367-9305 hit 1 for english then put in her extension. She was out of the office last week Thursday and Friday. You really should try and call her as she is really helpful and you won't be told different things each time you call.

 

Someone called me today but I wasn't home and my machine was full so they couldn't leave a message.

Same here so far no sale date, thankfully.

 

So how did they respond to the comptroller letter?

 

I hear you about *sigh"* same here :(

 

 

Good points for doodlebugger.

DB, have you thought about those options? Please call Jessica with the extension I gave you as I think she could give you the very best advice. I pm'd her extension to you. Let me know.

 

In most states you have to have your home listed for a certain period of time before they will consider a short sale, from what I've read. Have you had it listed at all? Why aren't you able to try for an inhouse Mod? Do you show a hardship? Another idea...have you tried to get on a repayemnt plan if your dh makesenough/you don't qualify for a mod?

 

 

I tried to call Jessica, but got routed through the system. Don't know if it has to do with the account number, or the phone number, or what. Talked to some woman in the Loss Mit department who said that our paperwork which was received over a month ago, needed a revised hardship letter stating our intentions. She also told me that PNC stands firm on not accepting lower offers for the debt. She said that because of not reaffirming in our bk7, we are not eligible for certain things, and for repayment or mods, our income is either too much or not high enough. Our income falls right in between unfortunately.

 

As for the short sale/deed-in-lieu, PNC stated that we have to first get approved before we can list the house. We were really wanting to do the deed-in-lieu, but they said the house has to be offered for short sale first.

 

The only good news they gave me is that our house doesn't have a sale date. They said if we want to stay in the house, we have to request a reinstatement from the "law office", but when I called them the last time, they told me to call PNC. PNC tells me to call them for a reinstatement. I'm getting tired of not knowing what will happen next....and everyone we speak with tells us something different. PNC's response to the complaint I made to the office of the comptroller was interesting.....

 

Anyways....there you have it. Still in limbo. Still no answers, and yet another request for more information. Soon, they will be asking for updated bank records again. The unfortunate issue is that once they see the settlement money in the account, they will likely not be willing to approve anything. Still the same answer - we need to move away and let them have this money pit. If only I could convince dh, and if only we could find something else......*sigh*

 

 

 

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So how did they respond to the comptroller letter?

 

 

Basically, they didn't deny or confirm that we had been told not to make payments, they just went on about why we don't qualify for HAMP, and how they were allowed to proceed with the foreclosure...blah blah blah. It was just a bunch of double talk....to basically say that they can do what they want because I don't have proof, and even if they had a recording of that particular call, it will never be shared because they don't want to implicate themselves. My whole complaint is that if they told us from the start that we would not qualify for HAMP or an in-house modification BEFORE filing for the foreclosure, we would have paid the arrears and would be up to date now. Even after the foreclosure proceedings had taken place, if they had not played games with us, we would have payed up to date. When they added on $4,000+ in "foreclosure fees" which were not detailed as to what they covered, just a rounded estimate, then we refused to have the loan reinstated. Plus at that time, they were still telling us that we met the preliminary requirements for an in-house mod. Ugh!

 

I sent a complaint to the executive office email address on the HAMP paperwork, and I ended up with a phone message from my previous point of contact, who has shockingly been promoted to a management position and wants to "discuss" our case with us. Geez, the guy never returned phone calls, never contacted us, he gets promoted, and now he wants to talk about our case?? Ugh. I guess I'll play phone tag with him again for a little while and see what happens. Likely the same thing that happened last time.....I will never hear from him, and we will be stuck in limbo for another six or eight months. I do not want to still be waiting by the time school starts up again....so I will have to do something by that time.

 

Oh, and as for the money, I can't just cash it and keep it....it will be reported as income by the insurance companies who paid the claim, and I can't afford to have Social Security charging me for fraud. The money has to go right into my account, so there is no way to hide it from PNC. Besides, they cannot take it because their loan was discharged in BK7. I just want some sort of answer because I don't like to be in limbo!

 

That's my update for now....

Edited by doodlebugger

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Of coarse they won't admit to that. Well we have a phone recorder and have asked my real estate attorney for some advise and he suggested to send certified letters to them explaining the situation and when they say "this phone call is being recorded for training purposes" I am to say "Yes I am aware this phone call is being recorded" He said that should cover me. Then keep recording each conversation, if they try to say this or that was never said I can then bring up my recording and the certified letters He had a personal friend that did that after going through the same run around trying to get approved for HAMP and said that really help speed things along for approval. I need to find out which state they are calling from to recheck the laws, but my attorney said if I say it just that way, I should be covered either way (whether both parties have to acknowledge they are recording or one.)

 

Anyway they have done the same thing to me, we would have never went into default if they hadn't told us we could not be approved for HAMP unless we missed two payments. (which was a lie btw) I only wish I had that guy's name, but I was so trusting back then. Learned allot since.

 

What address do you have to the executive office for HAMP ?

 

BTW: don't you just love the single point of contact charade? I have yet to speak to one of them, (one my third one now) They NEVER return calls or call me. When there is something needed, it's NEVER my SPOC that calls.

Read this consent order and you will see they are in total violation of the OCC:

http://www.occ.treas...cc-2011-47i.pdf

You really need to read this through and save a copy of this pdf for your references.

 

PS: about the money, I guess that makes sense but if it's a settlement for injury, seems like you wouldn't count that as steady income but rather a one time payout. I don't see how they can count that. I would call my CPA if I were you and discuss that. You may still qualify for HAMP. I would keep applying for HAMP if I were you. You have good income (don't count the settlement money just your steady income) You never know.

 

 

So how did they respond to the comptroller letter?

 

 

Basically, they didn't deny or confirm that we had been told not to make payments, they just went on about why we don't qualify for HAMP, and how they were allowed to proceed with the foreclosure...blah blah blah. It was just a bunch of double talk....to basically say that they can do what they want because I don't have proof, and even if they had a recording of that particular call, it will never be shared because they don't want to implicate themselves. My whole complaint is that if they told us from the start that we would not qualify for HAMP or an in-house modification BEFORE filing for the foreclosure, we would have paid the arrears and would be up to date now. Even after the foreclosure proceedings had taken place, if they had not played games with us, we would have payed up to date. When they added on $4,000+ in "foreclosure fees" which were not detailed as to what they covered, just a rounded estimate, then we refused to have the loan reinstated. Plus at that time, they were still telling us that we met the preliminary requirements for an in-house mod. Ugh!

 

I sent a complaint to the executive office email address on the HAMP paperwork, and I ended up with a phone message from my previous point of contact, who has shockingly been promoted to a management position and wants to "discuss" our case with us. Geez, the guy never returned phone calls, never contacted us, he gets promoted, and now he wants to talk about our case?? Ugh. I guess I'll play phone tag with him again for a little while and see what happens. Likely the same thing that happened last time.....I will never hear from him, and we will be stuck in limbo for another six or eight months. I do not want to still be waiting by the time school starts up again....so I will have to do something by that time.

 

Oh, and as for the money, I can't just cash it and keep it....it will be reported as income by the insurance companies who paid the claim, and I can't afford to have Social Security charging me for fraud. The money has to go right into my account, so there is no way to hide it from PNC. Besides, they cannot take it because their loan was discharged in BK7. I just want some sort of answer because I don't like to be in limbo!

 

That's my update for now....

Edited by jmw1212

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My husband called PNC to find out what additional information they were requesting now, and he actually was put in touch with our SPOC, India. She told him that another hardship letter was unnecessary - so I guess the person I spoke to previously was mistaken? Ugh. Supposedly it's in review, but we have not heard back from the first SPOC who was supposedly promoted. I still can't find a rental in our area.....

No sale date. No decisions made. Still in limbo. Wish I could get something to move....one way or another!

 

 

Of coarse they won't admit to that. Well we have a phone recorder and have asked my real estate attorney for some advise and he suggested to send certified letters to them explaining the situation and when they say "this phone call is being recorded for training purposes" I am to say "Yes I am aware this phone call is being recorded" He said that should cover me. Then keep recording each conversation, if they try to say this or that was never said I can then bring up my recording and the certified letters He had a personal friend that did that after going through the same run around trying to get approved for HAMP and said that really help speed things along for approval. I need to find out which state they are calling from to recheck the laws, but my attorney said if I say it just that way, I should be covered either way (whether both parties have to acknowledge they are recording or one.)

 

Anyway they have done the same thing to me, we would have never went into default if they hadn't told us we could not be approved for HAMP unless we missed two payments. (which was a lie btw) I only wish I had that guy's name, but I was so trusting back then. Learned allot since.

 

What address do you have to the executive office for HAMP ?

 

BTW: don't you just love the single point of contact charade? I have yet to speak to one of them, (one my third one now) They NEVER return calls or call me. When there is something needed, it's NEVER my SPOC that calls.

Read this consent order and you will see they are in total violation of the OCC:

http://www.occ.treas...cc-2011-47i.pdf

You really need to read this through and save a copy of this pdf for your references.

 

PS: about the money, I guess that makes sense but if it's a settlement for injury, seems like you wouldn't count that as steady income but rather a one time payout. I don't see how they can count that. I would call my CPA if I were you and discuss that. You may still qualify for HAMP. I would keep applying for HAMP if I were you. You have good income (don't count the settlement money just your steady income) You never know.

 

 

So how did they respond to the comptroller letter?

 

 

Basically, they didn't deny or confirm that we had been told not to make payments, they just went on about why we don't qualify for HAMP, and how they were allowed to proceed with the foreclosure...blah blah blah. It was just a bunch of double talk....to basically say that they can do what they want because I don't have proof, and even if they had a recording of that particular call, it will never be shared because they don't want to implicate themselves. My whole complaint is that if they told us from the start that we would not qualify for HAMP or an in-house modification BEFORE filing for the foreclosure, we would have paid the arrears and would be up to date now. Even after the foreclosure proceedings had taken place, if they had not played games with us, we would have payed up to date. When they added on $4,000+ in "foreclosure fees" which were not detailed as to what they covered, just a rounded estimate, then we refused to have the loan reinstated. Plus at that time, they were still telling us that we met the preliminary requirements for an in-house mod. Ugh!

 

I sent a complaint to the executive office email address on the HAMP paperwork, and I ended up with a phone message from my previous point of contact, who has shockingly been promoted to a management position and wants to "discuss" our case with us. Geez, the guy never returned phone calls, never contacted us, he gets promoted, and now he wants to talk about our case?? Ugh. I guess I'll play phone tag with him again for a little while and see what happens. Likely the same thing that happened last time.....I will never hear from him, and we will be stuck in limbo for another six or eight months. I do not want to still be waiting by the time school starts up again....so I will have to do something by that time.

 

Oh, and as for the money, I can't just cash it and keep it....it will be reported as income by the insurance companies who paid the claim, and I can't afford to have Social Security charging me for fraud. The money has to go right into my account, so there is no way to hide it from PNC. Besides, they cannot take it because their loan was discharged in BK7. I just want some sort of answer because I don't like to be in limbo!

 

That's my update for now....

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Demand to speak to someone here, USA...Call Jessica. I am telling you talking to the rest is just wasting our time.

Write a letter and send it certified to the PNC CEO explaining what is happening. Document everything. Include all names, and extensions. Buy a phone recorder and tell them you are aware that the call is being taped, or if you have to (depending on the state) tell them this call is being recorded. Save it and use it later. My lawyer says this works. We will see. No sale date here either, I guess that's a good thing, but it can come quickly in the next two weeks. In GA they wait till the end of the month and start it in the paper to run for four weeks, then sell it the following Tuesday of the next month. we could be kicked out as soon as June 5th. :(

 

My husband called PNC to find out what additional information they were requesting now, and he actually was put in touch with our SPOC, India. She told him that another hardship letter was unnecessary - so I guess the person I spoke to previously was mistaken? Ugh. Supposedly it's in review, but we have not heard back from the first SPOC who was supposedly promoted. I still can't find a rental in our area.....

No sale date. No decisions made. Still in limbo. Wish I could get something to move....one way or another!

 

 

Of coarse they won't admit to that. Well we have a phone recorder and have asked my real estate attorney for some advise and he suggested to send certified letters to them explaining the situation and when they say "this phone call is being recorded for training purposes" I am to say "Yes I am aware this phone call is being recorded" He said that should cover me. Then keep recording each conversation, if they try to say this or that was never said I can then bring up my recording and the certified letters He had a personal friend that did that after going through the same run around trying to get approved for HAMP and said that really help speed things along for approval. I need to find out which state they are calling from to recheck the laws, but my attorney said if I say it just that way, I should be covered either way (whether both parties have to acknowledge they are recording or one.)

 

Anyway they have done the same thing to me, we would have never went into default if they hadn't told us we could not be approved for HAMP unless we missed two payments. (which was a lie btw) I only wish I had that guy's name, but I was so trusting back then. Learned allot since.

 

What address do you have to the executive office for HAMP ?

 

BTW: don't you just love the single point of contact charade? I have yet to speak to one of them, (one my third one now) They NEVER return calls or call me. When there is something needed, it's NEVER my SPOC that calls.

Read this consent order and you will see they are in total violation of the OCC:

http://www.occ.treas...cc-2011-47i.pdf

You really need to read this through and save a copy of this pdf for your references.

 

PS: about the money, I guess that makes sense but if it's a settlement for injury, seems like you wouldn't count that as steady income but rather a one time payout. I don't see how they can count that. I would call my CPA if I were you and discuss that. You may still qualify for HAMP. I would keep applying for HAMP if I were you. You have good income (don't count the settlement money just your steady income) You never know.

 

 

So how did they respond to the comptroller letter?

 

 

Basically, they didn't deny or confirm that we had been told not to make payments, they just went on about why we don't qualify for HAMP, and how they were allowed to proceed with the foreclosure...blah blah blah. It was just a bunch of double talk....to basically say that they can do what they want because I don't have proof, and even if they had a recording of that particular call, it will never be shared because they don't want to implicate themselves. My whole complaint is that if they told us from the start that we would not qualify for HAMP or an in-house modification BEFORE filing for the foreclosure, we would have paid the arrears and would be up to date now. Even after the foreclosure proceedings had taken place, if they had not played games with us, we would have payed up to date. When they added on $4,000+ in "foreclosure fees" which were not detailed as to what they covered, just a rounded estimate, then we refused to have the loan reinstated. Plus at that time, they were still telling us that we met the preliminary requirements for an in-house mod. Ugh!

 

I sent a complaint to the executive office email address on the HAMP paperwork, and I ended up with a phone message from my previous point of contact, who has shockingly been promoted to a management position and wants to "discuss" our case with us. Geez, the guy never returned phone calls, never contacted us, he gets promoted, and now he wants to talk about our case?? Ugh. I guess I'll play phone tag with him again for a little while and see what happens. Likely the same thing that happened last time.....I will never hear from him, and we will be stuck in limbo for another six or eight months. I do not want to still be waiting by the time school starts up again....so I will have to do something by that time.

 

Oh, and as for the money, I can't just cash it and keep it....it will be reported as income by the insurance companies who paid the claim, and I can't afford to have Social Security charging me for fraud. The money has to go right into my account, so there is no way to hide it from PNC. Besides, they cannot take it because their loan was discharged in BK7. I just want some sort of answer because I don't like to be in limbo!

 

That's my update for now....

 

 

 

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Still in limbo....no news is supposed to be good news I guess. We've called and they only let us leave messages now. They won't tell us anything and they won't do anything. The next step is a certified letter to the CEO or something because I'm sick of this. I just want answers!

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Same here,

I called again today to check on things and my file is still in review. No sale date, which is a good thing. Let me know what info you find about the CEO, I may do the same.

 

Still in limbo....no news is supposed to be good news I guess. We've called and they only let us leave messages now. They won't tell us anything and they won't do anything. The next step is a certified letter to the CEO or something because I'm sick of this. I just want answers!

 

 

 

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Same here,

I called again today to check on things and my file is still in review. No sale date, which is a good thing. Let me know what info you find about the CEO, I may do the same.

 

Still in limbo....no news is supposed to be good news I guess. We've called and they only let us leave messages now. They won't tell us anything and they won't do anything. The next step is a certified letter to the CEO or something because I'm sick of this. I just want answers!

 

Received call today....they say we've been kicked back out of loss mitigation. No response to tell us why they haven't responded to our request for short sale or deed in lieu. No answers. The guy that called doesn't have a clue what is going on. He just said we are back on for the foreclosure proceedings. We contacted the "attorney" and asked for reinstatement quotes and we have never heard back from them. We even sent an email to offer a small settlement, but never heard back. I'm so sick of this!!!! Don't they have to send some sort of written correspondence to our written requests for short sale/deed in lieu??? Then the guy tells my husband some other information, and can't answer why we can't get any options or answers.

 

I guess I need to file another complaint with the office of the comptroller to see if they can figure it out. arghhhhhhhhhh

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Okay...talked to another guy who at least seemed genuinely willing to help me. He sent out a bunch of emails and sent our file to the "review" department because there has been so much misinformation and lies told to us. I'm supposed to get a call back from a supervisor. Guess we'll see what happens. I'll update if I have any new changes.

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