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A Lender's Dirty Tricks

Recently, a local real estate investor (who I will call George) was served foreclosure papers on one of his investment properties (I think we would all agree that is pretty common these days). George was not very surprised because the company that is servicing the mortgage had been calling him every day and seemed very aggressive in trying to get the mortgage payments current or move to foreclose on the home. Seeing foreclosure leaves a very bad impact on a person’s credit score, George had tried very hard to avoid it. He even requested to negotiate a loan modification with the lender and stated that a reduction in principle from $117,000 down to $75,000 was doable (George actually thought the property was worth $90,000 and figured the lender would counter back in that range). Instead, the servicing company said that was too much of a reduction for the lender and they would turn it down. When George notified the servicing company that he had an investor who wanted to buy the house but was only willing to pay $50,000, the servicing company nearly begged for the offer to be forwarded and had also slipped by admitting they had an external BPO in the range of $30,000. When the new investor forwarded his offer at $50,000, the lender ordered the BPO (Broker Price Opinion) which came in at $18,500. The investor quickly lowered his offer to $19,000 which the lender agreed to only if the investor closed by the end of the month (in 8 days. Their entire negotiations had taken less then 2 weeks. Quickest process I have ever seen.)

When George read the foreclosure papers, he had learned that the original promissory note had been lost and is NOT in the custody or control of the lender. In essence, the lender is trying to foreclose on the property without actually having any documentation that they are the holders of the note for the property.

To top it off, in the short sale approval letter, the lender agreed to release the lien but said nothing about the deficiency of almost $100,000 that would be incurred by the seller.  When pressed, the lenders rep on the phone stated 3 times that there would not be any deficiency and just believe him that George would see everything clearly after the papers were signed. As George continued to press for written documentation, the representative then asked someone else a question and then told George he would receive a 1099 for the difference. That 1099 of almost $100,000 would count as income for George later on in the year.

So after reading this, you must be asking yourself who is working on your behalf to make sure you're not taken advantage of. If you don't have anyone yet, perhaps we can help.

At White Angel Enterprises, LLC, we only work with professionals in their fields to ensure that consumers and home owners are NOT taken advantage of.  Anyone trying to negotiate today's economic landscape without proper assistance is asking for trouble.

Please enter your contact information above to learn more about what we can do for you.

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