My client just received notice that she was denied for the HAFA program on April 27. No one at CitiMortgage could tell us why, they told us it would be in her letter. She JUST received the letter yesterday, May 9, 2010 and it stated it is because she is not owner occupied. She lives in the property! Hello?? Doesn't she get the opportunity to dispute this decision? She was also never offered the option to pursue HAFA when she was denied for HAMP.

So, we are dealing with a negotiator on their traditional side. On May 4, they countered our offer. We responded same day that our CASH buyer would meet their counter and turned the paperwork around within 24 hours! We had to escalate the file to get the negotiator to call us back. She is telling us she has 147 files on her desk, and 7-10 business days to review the file once she receives it, and she is within her guidelines with this file! She says there is simply no guarantee she can get the Trustee Sale postponed tomorrow. As a matter of fact, they haven't even requested the postponment yet! The loan is being serviced by CitiMortgage for Bank of America, and she needs to get the order for postponement from BofA. It is not a Fannie, and there is no MI company.

I don't get it. We met their counter. Why not postpone at least to finish reviewing the file?? Does anyone have ANY suggestions, contacts at BofA or CitiMortgage or feedback?

Thanks for your time!

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Hi Jessica - Couple of suggestions:

1.  I'm not sure what state you are in but get your authorization in the hands of the foreclosing attorney so that you can speak directly to them.  This is VERY important!

2.  Email EVERYONE you know at both Citi & BAC.  Put ***URGENT!  SOS!!  Sale Date = 5.11.11!  HAFA guidelines NOT being followed!!!

3.  Citi contacts I have are - (this guy is Frank's super)

4.  BAC contacts - partial (sorry for the goofy spacing!)

5.  Keep breathing!  (Crying isn't my style but some find it effective.) Escalate until you get to an intelligent life form!  Have the homeowner call as well!  DON'T give up! 


Good luck Jessica!  Feel free to call me for support.


Leslie - 949.388.1310

Short Sale Specialist - San Clemente, CA

CA DRE# 01893290



The reason you only have ONE reply to your post is..

I could not have said it better myself.  Leslie NAILED IT.


The only thing I might add (if its not totally obvious like, undwear goes on the inside): email each person one at a time.  Everyone likes to feel special, and if they see someone else got it, they will figure someone else took care of it.


Good luck!

underwear goes on the inside???? why didn't anyone tell me sooner?? ;-)
Hi Jessica,

I have an associate that has traveled this road many times and has been very successful. If you like, feel free to give him (Mr. Sawyer) a call (714) 415-2426.
Jessica,  depending upon what State you are in, the homeowner can apply for stautory stays and an arbitration hearing.  Find out your foreclosure laws in your state.  And also call the foreclosure lawyer assigned to the file.
Emailing you a few executive contacts right now.  DON'T share these!  Also, let me know if these guys DON'T take action right away for you and I'll give you some others.  Be firm and to the point when you email them, stating facts.  Best of luck, let us know how things go!  Also, remember, HAFA is NOT the law, lenders and servicers choose NOT to follow it at their discretion and advantage.  If it benefits them more to foreclosure, they can. 

Call the office of the President at BOA 214-716-4744

Well, you guys aren't going to believe this, but they postponed the sale MINUTES prior to the auction!!! Wonders never cease.  We now have another month to work through this! I spent over two hours on the phone last night with the borrower and the MHA escalation team.  I was shut down immediately when I called BofA as they are the investor, not the servicer of this loan.  Unfortunately, I had the BofA executive contacts but not much for Citi. This morning, I called Citi and simply asked for the office of the President, and proceeded to email their office and anyone else who I had an email address for with the following email:

Subject Line: ***URGENT! SOS!! Sale Date = 5.11.11! HAFA guidelines NOT being followed!!! xxxxx3778 - BROWN

Please Help!  I am urging you to please postpone the sale date so that this file can get the proper review that it deserves! The Trustee Sale is in 3.5 hours.
We escalated this file to HOPE and then the MHA escalation team yesterday as there has just been too many suspicious thing happening with this file.  May not save the house, but hopefully the investor will see all the things that occurred on the file by the servicer.
Ms. Anderson applied for MHA September of 2009.  She was pre-approved and put into the trial payments program.  She made trial payments October through December of 2009. Then, after she made these payments on time, she was given a verbal decline after calling in to check on the status of her final approval.  They could/would not give her a reason, and she never received a letter or notice of the decline in writing.  EIGHT months later, August 24 of 2010, she finally received a letter that acknowledged that they failed to send a denial letter! This letter STILL failed to provide a reason for denial in it!
So, just to recap, Ms. Anderson:
1. Was pre-approved for HAMP and made three trial payments & complied with all program guidelines
2. Was then denied for HAMP verbally and given no reason for the denial
3. 8 months later she was sent a letter acknowledging that she was never sent a denial letter
4. This letter still failed to provide a reason for denial
5. Was not offered HAFA at that time.
And, it just keeps getting better! Regarding her HAFA/short sale application, all the documents were emailed to Josephine James on 4/22.  The borrower spoke with her on 4/20 and did a full intake on the phone and then sent her a complete package on 4/22 per her instruction.  She did not acknowledge receipt.  We emailed on 4/27 to confirm receipt and no response.  Only after the borrower answered a collections call did she get the collections person to IM Josephine and get her on the phone.  She then went back and "found" our emails from 4/22, plus we resent everything.

So the file sat with your intake person for 5 extra days.  Based upon your denial, it sounds like those days were valuable days lost.

On top of that, the borrower just received a letter that was dated 4/28/11 form Citi stating that she was denied HAFA.  She was denied based upon the fact that the property is supposedly not owner occupied? She lives in the property and always has.  Kind of weird that she could be denied in one day when Josephine acknowledged only looking at the file on 4/27 and for such an erroneous reason.
The file was sent to your traditional side for short sale review, and was also just denied because there was not enough time to review the file prior to sale!

Again, probably won't save her house today, but the MHA escalation team has all this information and is working on it now.

I am sure based on the opening bid the property will not sell at auction (it is too high for an investor to buy and flip), so the investor will be the proud owner of another asset - when they could have sold via short sale.

I am urging you to please postpone the sale date so that this file can get the proper review that it deserves!
Jessica Sulliman
Ashby Realty Group


Many Kudos go out to our negotiator, Montrice Williams, who also was persistent with the investor to get the postponement granted even after she informed us of the rejection/denial.  My efforts helped put the pressure on, so, as a team, we got it done! It just goes to show that the squeaky wheel gets the grease, and to never give up....even up to the 11th hour! Once in awhile, it will work out!!


Thanks so very much to everyone here who helped with their suggestions and contacts....and if nothing else, encouragement to fight the good fight! Cuz, you can't win if you don't fight/play, right??  

Wonderful! this post is so uplifting.

I haven't been on here for a while - just saw this.  I assume others will trip across it sometime.  Glad it worked out for you (and actually, I have one right now where BOA refuse to put the seller back into HAFA for the 3rd, yes, 3rd time that they have made up bogus stuff - tenant occupied the last 2 - and I'm 3 inches away from going to the feds about this seller rights to gov't programs being stolen by BOA - gee, I don't like banks... sigh...).


However, 1 thing not mentioned is bypassing the bank, etc. (and I have been successful talking to the bank's attorney's office, so don't kiss that off) is to have the seller grab a lawyer (much better and more likely to work with a lawyer) and corner a local judge to hold off the sale.  They are no fans of big banks, they are local, they are much more likely to be sympathetic especially with an excellent reason that the bank erroneously kicked the seller out of HAFA and now is grabbing the house.  And they have a LOT of power.  The judge will likely ask how long you need.  When this happened to my seller, I asked for like a month and on the form I see that she could have check off times up to 180 days or so.


Not only that, but don't you feel a little more like justice has been served when a judge tells the bank to back off?  Take that you pinhead overpaid ripoff dregs of society!  HA!


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