I received this Litigation Notification Final Notice (only one rec’d) ID#HCV-0421. Litigation Settlement vs Sierra Pacific Mtg. Co. Funded FHA loan 11/2009 sold to Wells Fargo 10/2010. The other party on this loan has vacated this property. I can no longer make the payment with only my income. I stopped making a payment in 11/2010. I have contacted Wells Fargo to see what my options were as I could make only 1/2 the monthly. Aside from the mortgage payment, the cost to keep the property up is right at $400.00 mo. I was told by Wells Fargo that my situation did not fit into any of their programs and when I asked what I could do, I was told “Bring your loan current and continue making the scheduled payment or be foreclosed on.” I suppose this is because had only lived in the property 1 year. I have not been able to make a payment. I was told (by a Wells Fargo representative)that I would needto make the full payment of $1800.00 mo, a parti al payment would not serve a purpose. I can only make a payment of maximum $900.00 per month to include taxes and insurance. I don’t want to let the condition of the property to be deprived so I have kept it up, so as not to have a negative effect on the neighborhood property’s. The property is in California, Shasta Co. The purchase price was $240k. The value at this time is $218k. I am still living in the property. The Litigation Settlement Notification Form H-118 personal ID#HCV-0421 type of litigation is VOID TRUST DEED and NOTE. Address is in Irvine, Ca.
I have been told by Ramon Soto, Client Ambassador of Consolidated Litigation Group the following: I would like to know if indeed any of this is a legal process and rightfully in order:
My principle reduction 20% which would be $176k @2% fixed for 30 yr. Payment would be $850 month PITI.
The cost is: Phase 1 $2,350 to be paid with application, copy of required documents. Phase 2 $1650 which will be paid to lender upon submission. If I do not qualify to be a part of this “Mass Joinder Litigation” the initial $2,350 would be returned to me. This would be determined within 30 days. If I qualify the $1,650 is to be paid and the time frame would be 6 to 8 months. From the start of phase 2, the current lender (Wells Fargo) can not by law start foreclosure process.
I have the money if this is legitimate and should act in a timely manner so as not to have forclosure start.
I need to know if The Home Retention Division is an avenue I should be taking. Please advise, I appreciate.
I don’t have an opinion on the validity of the underlying lawsuits in these mass-joinders. I do believe however that the sales and marketing efforts I’ve seen are outrageous and downright deceptive. Far too many people are being told whatever they need to hear, just to fork over the cash. If you ask me the H-118 form you received belongs in the trash.
I’m not alone in my concerns with the sales and marketing tactics currently in use by the mass joinder folks. The CA Dept of Real Estate issued a warning here, the CA Bar Journal issued a warning here, the Better Business Bureau issued a warning here, and a district attorney in Colorado also issued a warning here. He went so far as to say that his office “believes these mailings are a scam and recommends that anyone receiving this mailing not respond” Those are some strong words and none of these groups would issue a warning unless they had a valid reason. I’m sure the sales person you have been speaking with will dispute these warnings as bogus, but then again it’s his job to do that, he won’t get paid unless you pay him. If it walks like a duck and quacks like a duck…..
Getting to your particular situation. I’m afraid to say that there won’t be very many options for you to modify this loan unless you’re able to increase your income. Even then, the fact that you have only been in the loan about a year will make things terribly difficult to qualify for modification with Wells Fargo. My suggestion would be to consult with a local real estate broker and discuss short sale. Your goal would be to sell the home, even it is for less than what you owe. You can mitigate your losses allowing you to move on. For many, this is a tough pill to swallow, but it’s better than struggling endlessly with a mortgage payment that you can never realistically afford.
Good luck Kimberly, and if you have more questions or would like to keep us posted on your progress, please use the comment section below. I am subscribed to this post and will always do my best to respond promptly.
Andy is a licensed real estate broker in Massachusetts and is the founder of Northeast Properties in Norton, Massachusetts. His brokerage is designed to help homeowners in today’s difficult real estate market, specializing in short sales. Andy speaks with Massachusetts homeowners every day, helping them to address their questions or issues with short sale or loan modification. He enjoys helping consumers arrive at the correct solution to their problem, and believes that the only way to correctly do that is by presenting them with all of their options in an un-biased manner.
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