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Looks like I beat my foreclosure.

alkemyst

No Lifer
So after 4 years of not paying due to my mortgage company never applying the first three years of my payments to my mortgage, I am coming out of it decently. Despite my house only being worth about 50% of the loan now (it was as low as only 25% of the loan), my intention was always to keep the house. I knew from the start Freddie Mac and Fannie Mae do not do principal reductions (which is funny how these are government backed more or less yet our government is forcing private banks to do principal reductions).

They are basically removing all past due fees, all late fees and taking my principal balance and applying all 3 years of payments to the loan as if it started today. They are only tacking on the insurance and tax payments they have made for me over the last four years.

They are also dropping my rate from the 6.875 (Base Rate) it was (which was a good rate at the time) to 4.375 (APR) at 40 years with no pre-payment penalty. They are also giving me the option to forbear 30% of my principal at zero percent interest to the end of the loan. It's a straight up conventional loan, not a HAMP/HARP deal where after 5 years you start adjusting until you hit the current rate at the time nor is there an insane 50%+ balloon payment at the end of a 40 year term.

Previous offers were tacking on $110k in late/past due fees at 7%+ interest with a $150k balloon. Payments at 40-50% of my GROSS income with a huge balloon at the end and a high APR.

Now things that they cannot fix is the credit hit I took. My lawyer (and a few others I spoke to) say basically there is not much that can be done anymore due to the way the laws and specifically how judges are handling these cases. It becomes just a clerical error.

I had one 5% and one 6% card that both were fixed interest, this held most of the $60k+ of debt I had in the form of my education costs because I couldn't qualify for school loans at the time due to my income. I had a 7% personal line of credit for $20k as well. These kinds of credit are not even offered anymore except the personal line of credit and I don't believe that would have that kind of rate.

Once my creditors were updated with my credit reports, they began raising my rates dramatically and lowering my balances...some immediately closed accounts.

The first two cards above went to 12.99% adjustable then 15.99/18.99% and then both to 26.99%. I was able to move chunks of it to 0% balance transfer cards, and was going to put the rest on my line of credit only to find out they closed it due to my 'delinquencies'. Everyone was always paid properly, for my school debts I was paying 4-5x the minimums. I started moving the balances to my other cards which were still a 'decent' rate.

Soon after this the train wreck started happening. Those 'decent' 8-10% cards which were my day to day cards which I paid off monthly and offered points both began lowering my limits making transferring my higher balances impossible, but also began raising rates.

In about three months I went to 26.99-27.24% across the board. My interest per month went from $300 to $1500 (which was more than my mortgage P&I at that point). My minimum payments became what I was paying already, but almost half was interest. I was spending thousands of dollars in interest per year.

My house got burglarized to the tune of a $30,000 loss. I thought I was doing the right thing and stroked that whole check to my creditors minus a replacement laptop for my ex-wife which she needed for her work. Everything else we went without.

I also liquidated my 401K that I could touch...which left me with a $9000 tax bill.

It wasn't enough to pay everyone off and the balances climbed back to around $40k (I had them down to around $12k, but we had three surgeries needed and a couple other emergencies that all hit during this). My current 'settlement' offer is around $20k. Most of these creditors have made my principal back a few times over just in interest.

The sad thing is I did nothing wrong. I made my payments to everyone like I was supposed to and even better than expected.

There are more people that have similar stories, you don't hear much about them...it's only newsworthy when the people don't pay, destroy the house and flee.

Anyways, just an update

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bro, tldr? ATOT buys bulk ritalin

I am getting to keep my house, haven't paid for 4 years, and it's going to be like I never stopped paying.

My rate goes down dramatically, but the clusterfuck they caused against my creditors outside them is unfixable.
 
Wonder if you would have any success disputing the delinquencies on the house. I have customers that use a service that disputes them monthly until the creditor fails to respond and then they disappear.

If it's considered the same loan and they're reporting the new payments monthly, then doubtful. And delinquencies that would normally fall off after 7 years will hang around until the loan is paid. That sucks.
 
On the plus side? In FL, on a 40 year loan, you're probably paying a reasonable amount monthly for your house. So, it's probably similar monthly cost as renting, and you're slowly building equity. Like you said, you're not planning on moving.

Too bad you didn't have home owner's insurance that covered your burglary.

Good luck with getting squared back on your feet. Hopefully you can quickly get to the point where you aren't carrying debt with adjustable interest rates that might spike for reasons you can't control.

as for the unfixable part of your credit, maybe you can get a note inserted into your credit reports at the 3 agencies from your judge or the mortgage holder (I don't know who would be the right one.)
 
When my mom died my father walked away from their home and stopped paying. He just didn't care. His credit is ruined, but he has the attitude that he's getting older so maintaining good credit isn't in his best interest.

It all starts at home. What you say and how you conduct yourselves in front of your children is very important.

Good job.
 
Did you ever call your credit card companies and threaten BK on them unless they lowered your rates back down? You where making regular monthly payments yet it sounds like they decided to screw you around by raising your interest rate drastically. If it was me I would have had some harsh language and told them they could either lower my rate or I will take the credit hit and and file.
 
No offense to you personally, but I'm not a fan of this. I shop around for loans, you can refinance if you just need to reduce your payment.

I think when you take out a loan, you should pay it back. I understand that the job market can be a huge factor here, but if you pay $300k for a house or whatever and a year later, someone values it at $200k....it was worth $300k when you bought it. You bought when the market was up....you should have to live in it or take a loss when selling. Houses don't always appreciate.

Btw....glad things are working for you.
 
Was the balance showing as going down on statements? I don't understand how that could go on for 3 years.
 
Happy to hear you're on the right track. It must feel great to finally be able to put (most of) this behind you. You've got nowhere to go but up now!
 
You lost 75% of the loan value of the house, and now it's back "up" to 50%? Wow.

Glad you're getting back on your feet though.

Also, how the hell does a mortgage lender not count the first three years of payments? Or were you on an interest-only loan or something?

BTW, the US mortgage system was really fscked. Not sure if it still is.
 
Did you ever call your credit card companies and threaten BK on them unless they lowered your rates back down? You where making regular monthly payments yet it sounds like they decided to screw you around by raising your interest rate drastically. If it was me I would have had some harsh language and told them they could either lower my rate or I will take the credit hit and and file.

He already took the huge credit hit already. Why not just file BK?
 
That sucks, but I guess it's the best of a bad situation.

Regarding the CC settlement option. If you had taken the $20k settlement payment on the $40k balance...would part of that involve closing the account? Do they basically end their business with you at that point? Just looking for the downsides.
Thanks.
 
They really need to teach basic finance/household budgeting etc.. in this country as part of high school curriculum and also a requirement in college.
 
My dad decided to pay of the mortgage of the condo in which I live and he's still the owner. Lucky for me for two reasons: 1. It's paid off and 2. He doesn't live here which gives me the place to myself. To the topic it's good that your survived through all the financial/legal proceedings.
 
Wonder if you would have any success disputing the delinquencies on the house. I have customers that use a service that disputes them monthly until the creditor fails to respond and then they disappear.

If it's considered the same loan and they're reporting the new payments monthly, then doubtful. And delinquencies that would normally fall off after 7 years will hang around until the loan is paid. That sucks.

The delinquencies will be corrected.

It doesn't help with my other creditors though unfortunately.

My credit will restore though over time.
 
They really need to teach basic finance/household budgeting etc.. in this country as part of high school curriculum and also a requirement in college.

Umm bro, that wouldn't have helped here.

I was living well within my means until my interest rates that should never adjusted did due to my mortgage company.

I rarely used my credit for anything I didn't plan on planing off that month that wasn't a necessity. My vacations, holidays, etc were all non-financed (except to earn points and paid prior to interest). Even the engagement rings I have bought were paid in full and with cash there was a decent discount.
 
You lost 75% of the loan value of the house, and now it's back "up" to 50%? Wow.

Glad you're getting back on your feet though.

Also, how the hell does a mortgage lender not count the first three years of payments? Or were you on an interest-only loan or something?

BTW, the US mortgage system was really fscked. Not sure if it still is.

I was in a conventional loan. For whatever reason my payments were received, but I was not seeing them on my statements and the mortgage company was sending me 'past due' letters.

I have a notebook full of calls saying they'd fix this quickly, but everytime it came close to a deadline my loan was sold to another servicer who then said I was past due and the process started all over.

After three years ($120k of payments), I finally did what I was told to do and stopped paying them. Then things started getting moving.

My payments however; were not 'discovered' fully until two years ago and then it took six more months to have them applied. They acknowledged it was a mistake, but they still were not removing the first three years of past due payment, late fees nor amortizing those payments as if they were made on time.
 
No offense to you personally, but I'm not a fan of this. I shop around for loans, you can refinance if you just need to reduce your payment.

I think when you take out a loan, you should pay it back. I understand that the job market can be a huge factor here, but if you pay $300k for a house or whatever and a year later, someone values it at $200k....it was worth $300k when you bought it. You bought when the market was up....you should have to live in it or take a loss when selling. Houses don't always appreciate.

Btw....glad things are working for you.

You can't refinance a house that is worth less than the mortgage.

Again this had nothing to do with the value of the house. In fact I was doing what you are saying. I never planned to let the house go.
 
Did you ever call your credit card companies and threaten BK on them unless they lowered your rates back down? You where making regular monthly payments yet it sounds like they decided to screw you around by raising your interest rate drastically. If it was me I would have had some harsh language and told them they could either lower my rate or I will take the credit hit and and file.

I may still need to do a BK, however; you can't do a BK while you are trying to negotiate with a mortgage company or they will just think you plan on BKing on them too.

Also you'd be stupid to threaten "I will file BK if you don't lower my interest" on a recorded call. That does not fly legally.

To file a BK you have to prove you cannot pay and it cannot be used as a threat / leverage.

Also you cannot have charged up a bunch of things and then bail anymore. I have not used my credit cards in over 4 years now.
 
I'm going to add one more thing if it helps someone else... ALWAYS try to finance mortgages through credit unions that do "IN HOUSE" loans. Mortgages are often sold and resold and if there's any room for renegotiation of rates through this, you can get stuck.

If you go with credit unions, they're not exactly trying to screw over their members the way mortgage companies are. I've never had a problem with my CU and have financed mortgages with them 4 times now all at about the lowest possible rates I could get anywhere without scams.
 
You can't refinance a house that is worth less than the mortgage.

Again this had nothing to do with the value of the house. In fact I was doing what you are saying. I never planned to let the house go.
I think I was missing some of the info on how it all went down, but filled in the blanks. Like I said, I'm glad you're getting out of the mess.
 
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