Please help, need advice by 10-30!!

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tlhenderson

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I need help.
My husband and I refinanced in 2006. We need to take some cash out for some personal bills. Our house appraised for something like $244,000.00. Our loan was for $217,000.00.

I tried to refi at the beginning of this year and our house only appraised for $188,000.00 so impossible to refi. I now think I got an inflated appraisal when we refied…(brokers charged me a fortune but we were getting the money we needed.)

Sometime in May, my husband who thought alcohol was more important to him than his family, moved out. I freaked out about my mortgage which I've never been late on. I called my lender, Litton, and they agreed to modify my mortgage to 2.18%. They added escrows which I didn't have before but lowed the P & I by over $400.00. I had to send in lots of documentation which I did. Paycheck stubs, list of bills, hardship affidavit. My new payment was $1200.00. Manageable. I started making the new payment in May and every month thereafter with the last payment made October 10th for October's payment. About a month ago, I received a copy of the modification plan document signed by the lender so I thought I was good.
On October 16th, I got a call that my modification has been denied and that I was behind in my payments. I was on the phone with them for an hour trying to figure out what the heck was going on. I was denied because I supposedly didn't have all the documentation, I was missing husband's paycheck stubs and his signature on the hardship affidavit. WHICH I didn't have because he wasn't living with me, the ENTIRE REASON FOR GETTING THE MODIFICATION. I talked in length with them in May about this; they said to just explain my situation on the hardship affidavit. I was told I would have to start completely over. I begged the girl to let me get the missing documentation and she agreed to reopen the case if I got her the docs she needed. My husband is back home, so I got his paycheck stubs and his signature on the hardship affidavit and sent that in on October 22nd. (BTW, they were shoing me behind in my payments because instead of posting each $1200.00 payment, $900 to P & I and $300.00 to Escrow, they just held on to it in a suspense account. When I was denied, they posted my original payment, $1340.00 P&I, no escrows, for May, June, July and August. I have about $1380.00 sitting in suspense and $600.00 in escrow.)
I called them on October 26th and was told my modification was denied because I made enough money to make my payment, they removed the required escrow payment and my payment was now back to the original $1340.00 P & I only. I have to call them by Friday to have them make my September payment out of the suspense account, and part of October out of the escrow and I owe them over $700.00 to complete Oct. payment AND, I have to make another payment by November 15th.

I'm very very angry. I'm never late and they are showing a 30 day late now because they never posed September payment. They sent me a signed modification workout plan. I got a letter on the 20th saying they were going to foreclose if not paid in 45 days, and one on the 21st saying I was denied the modification.

So…what can I do? I spoke to managers and everything and they just keep telling me they are sorry but this is the way it is. Here all this time I was paying my loan on time each month caught up until November 1 payment, plus I would have about $1500.00 in my escrow account to pay taxes this year. Instead, I'm over $700.00 in the hole to get caught up just through October, which of course, I don't have, and will have to pay my own taxes which will be over $2000.00.
 
I hope this gets to you soon!

I tried to answer this one yesterday, and after writing a page or two it was deleted when I tried to post is. Server down! SOOOO I'll try again.

I have been an attorney, and I was a mortgage broker for 15 years, I also was asked to head a loan modification company (an offer I turned down) so you can have some confidence in my answer.

Let me start by saying the Litton Group, LP out of Houston Texas sucks in my opinion. They are a servicing group, not the lender themselves. However, since they are an agent of the lender a deal you made with them may be binding on the lender.

I believe they are in breach of your loan modification contract. There was an Offer (they sent you paperwork to reduce your interest/payment), there was acceptance (when you signed the paperwork), there was mutual consideration (you sent payments and they accepted them), and there was further ratification when they signed and returned your paperwork. I think a valid contract exists that replaces your original promissory note.

I especially think it was dirty of them to do this, collect several month's payments, and then renege by keeping the payments and applying them to the old note. A Judge isn't going to like that much either.

You would be best off hiring an attorney. I know you don't like hearing that but it's just true. However, I'm going to try to help you do some things yourself.

Whenever you want to get a big corporation's attention, do NOT communicate with customer service. That is a business division. The people you want to communicate with is the Legal department. Now they won't let you communicate with the legal department unless you know the magic word: Registered Agent :eek:.

When a customer knows this magic word, the corporation knows that you are 2 shakes from suing them not just threatening to sue them. The Registered Agent is the person or company appointed in each state that a company does business in who is their to be served legal papers if the company is sued. You can also send them nasty letters telling them that you are going to sue and they pass them along to the attorney's for the company.

The way you find the Registered Agent is to go to the Secretary of State of Missouri's web site the Corporation Division[/URL] (That is the link). You look up the company Litton Loan Servicing LP and on that page you will find the registered agent's name and address: CSC Lawyers Incorporating Service Company 221 BOLIVAR ST JEFFERSON CITY MO 65101.

Now you have the important information. Send them a letter by Certified Mail (don't bother with the receipt that's just extra money). In that letter be brief:

1. I and my husband have a loan with LLS, LP.
2. My husband and I divorced and I am solely responsible for this mortgage.
3. I got behind and applied for a Loan Modification.
4. I was OFFERED a loan modification at 2.5% and $900/mo payments (whatever it was).
5. I ACCEPTED and signed the loan modification OFFER.
6. I tendered CONSIDERATION in the form of 5 month's payments which LLS, LP accepted and cashed.
7. I received the loan modification papers that I signed back from LLS, LP SIGNED by their authorized official.
8. Later LLS, LP reneged on this agreement by saying they did not have enough paperwork to approve me for a loan modification.
9. LLS, LP then breached our contract by threatening foreclosure under the original Security instrument and CONVERTING the payments made under our NEW AGREEMENT to the payments due under the old agreement without my consent.
10. I intend to sue LLS, LP for BREACH OF CONTRACT AND INJUNCTIVE RELIEF to stop the foreclosure on (give them 10-15 days but make sure the date is prior to your foreclosure sale date).
11. I am willing to continue under our modified agreement and not sue, but I want confirmation from LLS, LP that they consider our agreement in force.

If you send this letter it will land on the desk of an associate in their General Counsel's office. He/she is going to see that you know what you are talking about and that the potential costs of being sued will far outweigh the benefit of trying to hold you to the original agreement. I think they will cave.:D

Be prepared to actually sue if they do not cave. Go talk to an attorney after you write this letter. Take all your paperwork, someone will give you a free consultation. :dgrin (that's the lawyer be careful when you pick him).

If you do what I've advised you, that should get you good results. I don't think you will have to sue. Be sure to use all the capitalized words that I used. They are elements of a contract, and terms of art in law that show you know what you are talking about. Good luck. Keep in touch.:angel
 
Wow, thanks for the extremely detailed help

I read your response and I just nodded and nodded, it's how I would have worded if I only knew how!!! Thanks so much. I'm going to do just what you said. I will keep you updated.
 
Good luck, after all that I might deserve a reputation point :dgrin

And I use to practice for MONEY. Strange.
 
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