PNC got relief from auto stay today, foreclosing on my home next:(

[jmw1212]

Meanwhile, I am still trying to get the HAMP mod approved. I just reapplied (after a year of back and forth and finally a denial based on reasons that were against the regulations of HAMP. One being in bk7 and the other as to not reaffirming our loan. Neither are suppose to be an issue according to HAMP mods.

I just found this on their website (see below). I just spoke to someone today and they claim that they can continue to foreclose while I am being evaluated for HAMP, looks like that is also against the regulations of HAMP, along with a few other things. I've already reported them to the OCC, comptroller of the currency and the consumerfinance.gov. well it seems I can't post links yet, so you will have to google it.

I don't know if I can post word for word, so I changed a few things, while still keeping the main points addressed, please go to the link above for the actual language.

From the website it states that an escalation rep will work with the bank regarding the case give us a status within four business days of receipt of the requested inquiry. If the bank is unwilling to comply with program guidance or the escalation team finds the bank in non-compliance, the escalation team may report the servicer to the Making Home Affordable Compliance team.!

Here are the reasons to write in:

the bank refuses to stop a scheduled foreclosure sale on a borrower's house while the borrower is being evaluated for HAMP. **

the bank charges up-front fees for the modification.

the bank instructs the borrower to miss a payment.**

the bank claims that they are waiting for information or guidance from Treasury (i.e. Treasury is causing the delay).

the bank advises the borrower to intentionally misrepresent their personal or financial information.

the bank says they are not participating in HAMP, but the loan's investor is a GSE.

the bank says borrower doesn't qualify, but counselor has reason to believe that the borrower is eligible.**

(PS: I've put two asterisks next to the ones that relate to my situation)

Edited March 21, 2012 by jmw1212

[bmc100]

Does PNC service your loan?

They do not have a HAMP Modification Compliance Team. Just like every other servicer, they string people along until they take your home ie denying you due to bk7..which is a joke.

To get them to stop the foreclosure process...here is what you do. You send them a RESPA letter, then when they do not answer your questions. File a complaint with the OCC. That will escalate your modification and then you will have a better chance of getting approved. Then, the person you will be dealing with will help to hold off any foreclosure processes.

[jmw1212]

Yes PNC is my bank. I've already filed my complaint to the OCC, still waiting for PNC to respond. Also filed a complaint with consumerfinance.gov and PNC responded by saying they need more time. Yeah, so they can finish foreclosing on my home first. I think it's time to bring in the big dogs, a whistleblower alert. Maybe a call to Clark Howard here in GA. What do you think? I had a fanny mae loan and was told by PNC that I could apply for HAMP. Yet, I have NEVER spoke to my "single point of contact" Ever. I leave messages, but they never call back and I always have to speak to someone else. It's the most unorganized system I have ever experienced:( and I am loosing my home because of it.

Does PNC service your loan?

They do not have a HAMP Modification Compliance Team. Just like every other servicer, they string people along until they take your home ie denying you due to bk7..which is a joke.

To get them to stop the foreclosure process...here is what you do. You send them a RESPA letter, then when they do not answer your questions. File a complaint with the OCC. That will escalate your modification and then you will have a better chance of getting approved. Then, the person you will be dealing with will help to hold off any foreclosure processes.