I bought our home in 2007 through Countrywide. They were the mortgage servicer until they merged with Bank of America in 2009. I never signed a contract with Bank of America anytime before or after the merger. I was told in court that even though Bank of America recently sold my account to Nationstar Mortgage, that in the contract I signed with Bank of America it states that they can still foreclose even if they don't own the mortgage account.
If you want to know more about my family and our trouble, what follows is what has been going on.
I purchased my first home in 2007 and I was extremely excited about it. I was in the Active Duty Army stationed at Fort Campbell and things seemed to be going great. In 2009, my youngest son was born and in 2011 his sister was born. My husband is currently in the Army getting out medically because he was diagnosed with severe PTSD and carpal tunnel, which required surgeries on both his arms, and neuropathy. He is going to be disabled for the rest of his life. Every Summer, we get my two older kids from Florida and his two older kids from Illinois. We have spent the past few years enjoying our time with our kids while we can. The kids love the house and so do we.
I was never able to find a job since I got out of the Army that would pay enough for daycare for our two toddlers. I had been enrolled in college trying to get a degree in Psychology, but we began having trouble in 2011 while my husband was deployed and my unemployment ran out. I became extremely stressed out and depressed and quit school because of the stress. Approximately half of my husband’s monthly income goes to his ex-wife for child support and spousal support. We were told by the child support agency in town that he can’t get it changed because it was calculated correctly and we have been told that he can’t get the spousal support changed unless we hire a lawyer, which we can’t afford to do. We applied for food stamps, so that way the money we pay for food each month could have gone towards housing, but we got denied with the county agency saying my husband made too much for a family of four before they could even deduct the child support.
My mother started assisting us in May 2011 by giving us $400 a month out of her Social Security. In April of 2012, she began to have a large number of health problems. She had to pay her own medical bills and buy new medications and couldn’t help us anymore. I originally called Bank of America in June 2012 before we were behind. About a month later, a man from a company hired by Bank of America came by to drop off a packet of paperwork to start a modification process. He told us that we could file the paperwork, but that they wouldn’t help us. In October 2012, Bank of America filed to foreclose on our home. I filed motions responding to the foreclosure to try to stop it since I was fighting to get a modification. In November 2012, I received a letter from Bank of America saying they were selling my mortgage to Nationstar Mortgage and that as of December 2012 they would no longer be my mortgage servicer.
I immediately contacted the people at Nationstar Mortgage after it went into effect. The people there were great and I started the modification process all over with them. Nationstar Mortgage knew nothing about my mortgage being in court for foreclosure and none of the modification information was in my account information from Bank of America. Shortly after that, I received something from Bank of America’s lawyers that they had filed with the court trying to get the judge to let them finish the foreclosure and sell my home. I filed a response saying that they don’t own the mortgage anymore because they sold it to another company.
I had to go to court January 9, 2013 to speak to the judge. I thought I was in the right because they sold my account that they didn’t own it any longer. Their lawyer said that in the contract it states that even if they sell the account they can still foreclose and that I owe them everything. I was in shock. I couldn’t think of anything to ask to clarify how that could possibly be legal. According to Bank of America’s lawyer and the judge, I now owe two different companies the same amount of money for the same home. I do not understand at all how they could sit there and tell me its perfectly legal for Bank of America to foreclose on my home when another company is supposed to own it now.
I have been absolutely devastated since Bank of America started the foreclosure process. This has put extreme amounts of stress on me and I have become extremely close to snapping. My family and I have no where else to go. We love our home and had looked forward to many more happy years together in it. Now, because Bank of America says that are entitled to my home even if they don’t own the mortgage, my family is on the verge of becoming homeless.
The judge had told me that he was not going to sign the final judgment for Bank of America right away, but I received a letter in the mail today that the judge signed it and my family has approximately 45 days to come up with the money to pay Bank of America off or the Master Commissioner of the county will set up a foreclosure auction.
After all the government promised to help fix the mortgage industry and help people get help with modifications, I was hopeful that there might actually be change, but until the government actually stands up against these banks that take advantage of people it never will be. I was hoping that something like this never happened to me or my family, but here I am. I am stuck between two companies saying I owe them both the same amount of money for my home.
I didn’t know what else to do because Nationstar Mortgage has a backlog of modification applications from the several thousand Bank of America mortgages that they took over. The representative I spoke to today said it could take several weeks, but we don’t have that time. Bank of America can choose to stop the foreclosure, but they won’t unless I can get some help. They are a large bank that doesn’t care about their customers. They are doing everything they can to push people around and I need help to push back. Please help my family keep their home because I don’t want to have to live out of our car with our toddlers.
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