
Lori of Laguna Niguel, CA on Nov. 27, 2008
David and I originally bought this home in May 2005, as an 80/20 loan with minimal money down. This was with verified bank statements. I'm in the mortgage business. I had loss of income due to the industry slowing down. Feb 2007, One of my rental properties had a water heater burst and we had loss of income from fixing up the problem for six months without a tenant. We had gotten reimbursed afterwards and this put us behind on our primary residence.
This started in April 2007...Dave and I wanted to refinance in May 2008 our two yr prepay was due. We couldn't since our credit ...we were late...this affected our approval. From May 2007 to August we had an increase in our adjustable from a 3300.00 interest only payment to a 4500.00 interest only payment in six months. ACS the loan servicer (owned by Wells Fargo Bank) on my rental property that had a flood in the house..they wanted to go into trustee sale Auguest 1, 2007 and Dave and I had to file emergency Bankruptcy..to stop the foreclosure. We went into chapter 13 to keep the homes. (dave had another rental next door to the home with the flood) We paid all the payments current and trustee payments.
Now our home on Laguna Vista had increased another 500.00 in payment while we were in Chapter 13. We called Popular Bank to do a Loan Modifcation and they told us they were strickly a loan servicing company and they didn't do Loan Modifications. I called the bankruptcy department and then I left a message with the Loss Mitigation department ano no one cared to return our call to David and I. We made several attempts to modify and make these payments however; they didn't want to work with our situation nor did they care...very, very rude.
Dave, works for Boeing in Washington State..moved there to keep up with these payments and makes middle six figure income. he can afford keeping the house..used all our savings...and basically said...it doesn't make sense financially to throw money away for a home that is dropping in value and the payments going up. We need to short sale. We found a Realtor to negotiate to do a short sale on our home. banco popular approved the short sale twice and the third time denyed the short sale price due to they think they could get a higher amount.
A couple days before the trustee sale David and I called Tim T. again. he was very rude. cut off our conversation and said he was denying the short sale and Dave was actually calling about the Loan Modification. I called him several times and he waited to call the day of the trustee sale to the bank and left a message. Two days after the trustee sale we get a letter from Banco Popular stating they were wanting to work out a plan for us to keep our home and negotiate our Loan Modification and the last resource was to do a short sale.
We stopped making the Payments in January 1st 2008. From January 1st 2008 to October 2008...we never received one correspondence into modifying our payments or keeping this home until after the sale. I'm now doing Loan Modifications with homeowners in the same situation (I've owned my own company six years and closed it Aug 2007) I found out that modifications can use all the people that are helping with the payments and living in the house.
We had three incomes to help for the payments. They didn't bother to find out how we could keep this home. Also, when I bought this home in 2005 the Realtor never disclosed that the Sellers had an ongoing problem with the next door neighbor about the trees enroaching their yard and cracked their concrete. we've had an ongoing fight about cutting four tree's that would ruin the look of the back yard since it had roses and a english garden..for their own selfish needs.
David and I spent all of our savings to save these homes and went into chapter 13. We wasted our money and should have just let them go into foreclosure. We still have foreclosures on our credit even though we tried to fight against the system that doesn't want to help homeowners keep their homes. I'm in the mortgage industry 28 years helping others get homes and I cannot even keep my own homes. I downsized and even shut my company down to save these homes. I still didn't get anywhere with this lender.