Oregon Homeowner Fed up with Mortgage Servicer: Fix it or Foreclose

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I'm done. NationPoint Home Loan Service; Fix it or Foreclose
Guest Blog by: Judi a weary homeowner from Salem, Oregon
I'm not making one more phone call.   
I'm not sending one more fax. 
I'm not asking for another modification.  
I'm not asking again if the auction is canceled.  
I'm not asking again for someone to explain where those numbers came from.
Half million dollar house in Salinas, Californ...

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For the last 10 months I have had nothing but fight after fight with Nationpoint.  Would they honor the Oregon State Laws, would they honor The Oregon State property tax deferral program, would they this or would they that?  Me always asking, them always refusing. 

On July 6th we suffered a house fire, we were lucky damage was minor.  After the fire I learned my file had been marked for forced insurance.  They were already pushing to get a home loan modification done and a payment in by July 23rd, less then 30 days after turning us down for the HAMP.  They did not allow me to question the HAMP results which they told me were run thru the NPV.  After 10 months of their hell, it's now its hurry, hurry, hurry.   Approving a modification would be to please who ever may be watching. Then, once they are happy and stop watching, Nationpoint is free to do this again

Forced insurance is a common 'trap', a way to jack up payments.  The cost can be hundreds of dollars a month.  They simply claim they are protecting the investor.  
What wasn't expect was that we would have a fire.  If it had not happened, I would not have found out that they had the forced insurance pending.   When I contacted them about the fire their repeated concern about my insurance that made me question it.  After I explained I had coverage, and that I had already filed the claim was before calling them.  I assumed they would want the claim number.  The person I was talking to seemed confused, why was my account marked for forced insurance pending then?   
The Forced insurance was not the only problem.  In addition to this we were required to sign the State of Oregon's form to cancel our acct in the states property tax deferral program.  When we applied for the HAMP modification I decided I could only fight one fight at a time, the property tax deferral program was a fight I would deal with later IF we were approved for the HAMP.  We signed the form and returned it.  They then sent to the State of Oregon Department of Revenue.  They removed us from the program before completing the review.  They did include payment... but why?
HAMP model allows for entering back or outstanding taxes in its calculations.  All taxes must be current, and they were.  Taking part in the program is not back taxes or taxes due.  The taxes were paid.  I found nothing in the HAMP guidelines that address any property tax deferral programs.  I did find that escrow was required... as long as it did not violate state law.  
Again we are back to square one. 
Do they have to honor state law? They say no.  
This is the last straw for me. I will do no more.  I have sent a demand letter to NationPoint - Home Loan service.  I have demanded a full and complete accounting of my loan as well as all HAMP Documents and results.  I included my suggestion on how to result this problem.  
Return my payments to what they were Sept 2009, $915.73 pre month.  
Remove the following from my acct..... 
~Late fees
~All charges connected to the manufacture default and foreclosure.   
Apply the taxes paid for the year 2008 to the end of my loan.
Apply the missed PRINCIPAL payments to the end of my loan.
~Remove missed interest payments from my loan
~Remove the payments made to Allstate from escrow, and my loan.  You had no cause to make such payment.
~Remove taxes paid for 2009 from escrow, and my loan. You had no ground to remove me from the program and no cause to make such payment.
Honor the State of Oregon's Property Deferral Program, which you are required to do by law.
~Remove all negative reports from all credit reporting companies.
I do not expect they will do anything I've asked.  I do not think they will 'fix' this problem.  I do not think they can because they are the problem.  I expect they will hold the auction on August 4 as advertised online.  
No matter what they decide to do THIS IS ENDING....

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As I was typing the article above two words kept coming back to me... But Why? Why did they pay the insurance and reimburse the state of Oregon the money paid by the tax deferral program? Insurance I could understand, its a small price to protect the property. But the deferral program, that made no since. Why did they pay it, what would they gain. They were not back taxes, they were not taxes due. I kept rereading what I wrote and then I saw it, 2008 taxes. My first letter to them outlined what I wanted them to do to fix the problem, and how to do it. The 2008 taxes they paid I wanted refunded to them. If they contacted the county and stated they were paid by mistake the county would refund the money. They refused of course.

Now what if they do just as I told them they could do last year? They had us removed from the program. If they stated they wanted a refund that it was paid by mistake we would instantly owe the back taxes. If they did it with Allstate we suddenly would have a lapse in the policy. They then would have the 'right' to add taxes due for 2009, upcoming taxes for 2010 and include taxes in the monthly payments for 2011 taxes which start in a few months. Plus the addition of the force placed insurance. Following guidelines and spreading that out over a 12 month period the increase would be $700 to $800 a month.

This is why the note for the force placed insurance pending.... it was a flag but it did not mean that we had no insurance, or even to add a false policy... but, that they needed to request the refund AFTER they pushed thru the in house modification. The addition of three years taxes and the insurance would again force us into default. They would be able to say.. see, they didn't pay their taxes, they didn't have insurance. No one would ask why that happen and surely not how it happened. It was their loop hole.

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Bank of America's Lawyers have been reading MY BLOG

So much has happened and with so much to be done updating anything has not been easy… so a quick update.

After I sent my complaint/demand letter to Nationpoint I stopped everything.  No more calls, and they were only to contact me in writing.  Life was good again, we were losing the house still but life was good again.  The day before we moved my mother a letter came in the mail. We had a new Servicer.....  Our account was being transferred from Nationpoint to ... Bank of America....

Mom and I read it, laughed and kept packing.  After she was moved I contacted BOA to find out what to expect next.  I hoped they might be able to help save the house.  I faxed them a copy of my complaint and ask if they could help.  During my first call to them I was told there was nothing in the system showing I ever applied for a modification and I was told I still could and to just call back if I decided I wanted to.  After some thinking I decided I would.  I had everything ready and filled out before I called back.  All my documents were together ready to faxed and mailed.  When I called I was shocked to find out that the systems were not like they had been.. she was able to take my information over the phone and run it to get an answer as I waited.  The answer was... sorry.  The investor was not taking part in any modifications  They of course could not tell me who the investor was. 

It took a bit of searching before I found out that the investor was US BANK… who is listed as doing HAMP modifications.  I also came across the address of Barbara Desoer, President Home Loans and Insurance for Bank of America and CEO Brian Moynihan.  My Request for Modification and Affidavit, Hardship letter, and all supporting documents were fax to the number listed on the Making Home Affordable website for Bank of America and I emailed Barbara Desoer and Brain Moyniham asking for their help.  There were 10 days until the auction.  

I did get a call from Customer relations advocate in Barbara Desoers office, he would be looking into the request I sent to Barbara Desoers.  He did end up passing it on to a negotiator to be looked at.  The negotiator did call me and said he would call me back after he looked at the paperwork.  That was two weeks ago.  I was told they did stop the auction by someone when I called, but so far my calls to the negotiator have not been returned.  I know they are busy, I want him working not spending his day returning calls when there is nothing to be said... BUT... come on.  

The topper was today.  Today I noticed an odd name on my traffic report.  That name, Keating Muething & Klekamp…   Keating Muething & Klekamp is a law firm for BANK OF AMERICA.  What are the odds of them stumbling across my little  blog…

What are they up to now??

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