Moving Forward

Posted on August 6th, 2007 in The F-word by foreclosuredock

Sometimes the f-word isn’t enough.

The fact that Monica’s sale date was scheduled in two days didn’t scare me. Over the past decade, I’ve worked so many ‘critical status’ files that it seemed more like routine… which is why the ending came as a total surprise!

Monica came to us via a referral and was noticibly panicked given the status of the loan. Because of the lateness of the hour, I suggested Monica consider filing bankruptcy or at least have an attorney on standby in the event our efforts weren’t sucessful.

Monica had strong feelings about bankruptcy…to her it [bankruptcy]was evil, irresponsible, negligent, and used by misguided sloths. I gently demurred, expressing the value in some instances of bankruptcy protection. Monica wasn’t hearing it. Person’s who filed bankruptcy to her represented Satan.

Talk about other worldly.

Ok…it was time to decide. Was I going to spend my time debating the virtures of bankruptcy?…
not! After all, I’m a lot older and wiser and have learned to pick my battles when debating the forces [good/evil].

So I say to Monica, “well, if mediation is really the only route you see yourself taking, then I’m your man…woman [smile].

Monica is thrilled. “Let me go to the bank,” she says, “and wire to you the money.”
“Great.” I say. We agree to speak in 2 hours.

Here’s where I choose to fast-forwad through the fact that I do not hear from Monica again until the next morning. Did I mention there is also a 3-hour time difference?

Monica goes into reasons for the delay in getting back. “I’ve got your lender on standby,” I say “so let’s stop chatting and get to work.”

Here’s where I start the clock.
It is now:9:00 am my time; noon lender time. 4 hours left in the work day. Four hours left to make something good happen.

Client emails the docs. Good.
Review of docs show modifications are in order.
Contact client. Phone has gone dead. Disconnected.
Client calls as I am pounding out an email.
New number dispatched - Cell. Great.

Submit file directly to lender rep. Ocassionally, I get lucky and don’t have to jump through all the hoops.

Lender reviews quickly. Downpayment contribution requested: 50% of reinstatement figure. Within one hour money must be received. Call client.
Voice mail won’t allow passage.
Call repeatedly without success.

Lender phones me repeatedly to check status. I can tell the negotiator is pissed. She’s devoted an entire day to a file she wasn’t assigned to work.

45 minutes later, client phones. Lender work day almost over. 15 minutes left.

“Where have you been?” I ask. “Your lender wanted the downpayment and Agreement returned almost an hour ago.

“I decided to file bankruptcy”, came the response.
Oh yeah…and this: “Can I have my money back since you guys didn’t do anything?”

N-O-T!!!!!

A Different Plan

Posted on July 25th, 2007 in The F-word by foreclosuredock

Today, I took a call from a distressed homeowner calling from Virginia.
Her sale date is scheduled for tomorrow. She thinks.

Reportedly, she spoke with her lender on Monday and was told that the sale would be postponed for one day to allow her to submit the downpayment contribution and sign the forbearance agreement [on Thursday].

The sale was originally scheduled to be held today [Wednesday].

I asked her about the conflict of the signing of the agreement and the sale date…she became defensive. I asked if the postponement had been verified with the foreclosing agent. She said no. I asked if the lender had provided a new projected sale date. She said she didn’t know. I asked if she had a formal agreement in hand [a written offer from lender signed by her in acceptance]. She said no. I asked if she was sure the sale had not taken place today. She was adament that it hadn’t.

Why?

Because the lender whom she had last spoken with on Monday [and hadn’t heard from since]said they would postpone the sale for a day.

Is this making sense to anyone?

My recommendation was to 1. determine if the sale had actually been rolled over; 2. consider bankruptcy if the sale was scheduled to take place mid- to late- afternoon tomorrow. 3. trust common sense.

The caller fought with me a bit over whether the sale had actually been delayed. Her mind did not even want to accept the possiblity that it hadn’t. The caller fought with me over the feasibility of filing bankruptcy because …”it might upset her credit”.
The caller did not appreciate it when I said there is a reason the legal counsel she had sought prior to contacting Reinstatement Services had not taken her case. I told her they were hearing the same thing I was. She had no real standing.

She balked at this suggestion as to why 2 different attorneys had vanished and the third had told her..get this…” she had a case but he couldn’t help because …his practice was too busy”.
I told her he had refused her representation because he saw no money in the effort. She reacted as if I had stomped her crucifix.

Lessons anyone?

Foreclosure Fault Line

Posted on July 16th, 2007 in The F-word by foreclosuredock

Let’s clear the air at the outset. This Foreclosure Blog is about loan default management, mortgage finance forbearance / workout education, and strategic loss mitigation positioning. Period.

If you’ve come here thinking you’ll get a caisson to support a make-believe world built around the phrase “its not my fault” you are in the wrong place; you’ll want to head next door.
If you’ve come to find out how to STOP FORECLOSURE and / or secure Foreclosure Help, then you’re in for a treat.

Factually speaking, your loan is in default because of you. It is your fault. Accept it.

I find when we own the fault, we are more apt to accept responsibility for the fix.

Now that the fault has been assigned, let’s focus on how you’ll go about fixing your mistake so that you win. Just remember, losers focus on shifting the blame. Winners concentrate on reaching the goal.

I believe in leading by example. Literally. So, take a look at the following scenario.

Example:

Many homeowners get stuck in “my lender doesn’t want to work with me” mode. In most instances that statement is a lie. It happens something more like this:

I took a call this morning from an irrate mortgagor, who started the call by saying, “my lender is an a**-hole, I hope you’re better than they are.” I reassured the caller that the most recent name I’d been called was a “drama queer” which in my book ranks higher than being the butt-end of someone’s (well you get the picture).

The caller returned an I’m-not-yet-impressed sound of tolerance before plowing forward. “Like I said, I talked to my lender earlier and they want $7,000 to put a workout in place. If I had that kind of money, I wouldn’t be in this situation to begin with. I want them to put the money on the back of the loan.”
I asked, “how much is your reinstatement figure …the amount needed to bring the loan current?”
The caller said, “well, I think about…I don’t know…well maybe if, (hedging) well the lender…”

How much do you owe?” I asked again a little more firmly.

Slightly less audible, the caller responded, “I think about $38,000. But the lender…” (voice picking up steam again)…said they needed the money by this Friday and I’ve been trying to come up with it but I needed to pay my other bills so…they just won’t work with me.”

Silence

“Is that today’s valuation or a projected futures?” I ask.
“What?”
“The valuation. Is that today’s or projected futures?” I come again.
“What?”, the caller says.
“The $7,000,” I say. “The downpayment. You said if you had the money for the downpayment you wouldn’t be in this situation but that doesn’t seem quite right because I calculate a balance owing of around “$31,000 after the downpayment is deducted. So I guess I’m just trying to understand how the $7,000 downpayment will have provided the type of resolution you’re suggesting.”

The caller is pissed. But then, so am I. Liars and shirkers really chap my hide!

In the brief, contemplative silence that follows (the caller is doing some calculations of his own. He’s fighting the urge to hang up), I take control of the situation even as his mind is tracking my value.

I say this: “I’d like to help you out, but I believe in factual representation. If we deal in facts, we have a better chance of affecting a positive result. So let’s start again. What’s the reason for the hardship?”

“Well, I lost my job last August…,” and the call moves forward from there.

After a few core questions, I’m able to make an assessment.

The caller has $4,000 in his possession. The loan is conventional. A sale date hasn’t been scheduled. The loan is a little more than a year old.

“When will you have the money that the lender is requesting?” I ask.
“In less than two weeks. My next pay check.” …comes the response.
I look at my calendar and smile. Its the sixteenth day in the the month. “You’re in luck! Since it’s the middle of the month, realistically, your lender just needs to receive payment by the end of the month. That puts you within the time frame of your next paycheck. So let’s get your lender on the phone and get you that extension”.

We manage to speak with the negotiator assigned to process the workout. She goes through the series of qualifying information with me before asking the purpose of the call. I go through my schpill. “Dr. L…, RSI…Mortgagor on line with us…we’ve got a slight problem that we’d like assistance with. We’d like to wire the downpayment on the last business day of the month.”
The negotiator places us on hold for a bit before coming back with the approval. We gel up receipt of a modified workout contract and conclude the conversation with a thank you.

The previously irrate homeowner is now a cuddly teddybear. Cost to lender: $0s. Cost to homeowner: PRICELESS.

Moral of the story:threefold.

1. Lenders never take kindly to accusation and blame. Even when they are dead wrong. Remember, you want something from them. You stand to lose a lot more than they do, so act like it. (A little butt kissing never hurt anyone.:)

2. If your payment is due on the first of the month, a workout plan can be written to reflect a last business day of the month arrangement. Let the negotiator know that this works better with your paycheck schedule. Throw around words like “anxious to avoid a broken agreement”; “would really like to be able to honor the agreement”; “am embarrassed by the default and plan to do everything in power to return the loan to a preforming status”. This scores points with the lender’s psyche (which is what you’re playing to anyway) and refocuses their attention on providing a workable solution.

3. If your loan is less than a year old, the likelihood of securing a loan modification (absorbing a good portion of the delinquent amount into the principal balance with adjustments to term, interest rate, or monthly payment) is almost non-existent. Insurer guidelines prohibit most from modifying loans with little or no history.