Cat123

Modification appeal denied with wrong info... please help

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I just don't know where to go from here.  We've been dealing with this since 2010.  Fell in to arrears, Indy Mac to One West/Deutsch Bank, to Ocwen.  Hired an atty. but time and time again, doing absolutely everything all servicers told us to do, we still couldn't get a completed package to them. 

 

We were unprepared at court as to what would happen and accepted a judgement of $679K.  IN THE MEANTIME, we were able to reduce all debt and/or pay off and our 2nd mortgage was dismissed by SunTrust.

 

We then had to file Chapter 13 to get a stay and the sale date was cancelled.  We were granted a court ordered mediation and again, several packages and the same info to the lender, through our attorney.

 

In the meantime, we were subjected to a Federal Bankruptcy Audit (Holy moly), because our case, and numbers, threw up a red flag.  We came through that just fine.  Not fun, but AOK.

 

Then, we were denied a modification based on income.  They used only my husband's SS income, and not mine, which is about $150K/ year.

 

We applied for an appeal and rec'd a notice they had received the appeal on October 6, and on October 12th, Columbus Day, they sent us a letter of denial based on the same figures they had before, which are totally out of whack, showing a DTI of 201%. 

 

We have been making our Chapter 13 payments on time and with no problem.  Our principle has now increased from $679K to $723K, and the numbers on the judgement, we have found, do not include credits for taxes paid.

 

Is there anything we have left to fight with? It just seems they have never acted in good faith... at all.  The ONLY reason to stay with Chapter 13 is to make the arrears payments over 5 years.

 

Thank you.

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Howdy Cat, 

 

Have you considered trying NACA?  You can go to www.naca.com and often times they can mediate between you and the servicer.  Also, I know, you've been dealing with several different names there, but there is a lot of confusion about what indymac. ocwen, onewest, or deutche actually own.  How confident are you that they actually told the truth about the chain of title on this loan?  It matters.  If they do not own it, they cannot foreclose on it.  They also cannot modify it, or do anything else with it.  Indymac has lost court cases, so have the others, because they could not prove their claims of assignment.  This might be a good thing to look into, even if you are in bankruptcy process right now.  If you could learn that they have no legal claim to this loan, that could be a big deal for you.  

 

Wheels up, 

 

Stick

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