All We Have to Do to Modify Our Loan is Get a Major Media Outlet to Do a Story About Us

Do you guys every listen to the Planet Money podcast? Well, it's great. You should! Monday's podcast ("Your Future Mortgage") featured a story about a homeowner who had been attempting to modify his loan through Obama's plan and had no success. Wells Fargo is his loan servicer and hadn't been able to give him any answers even though he was a perfect candidate for the Obama Plan. This sounded just like us. They kept giving him the runaround. For weeks. And weeks. No answers. Just, "Call back." And, "Send us your financials." Just like Countrywide did with us- as I wrote here.

Anyway, Wells Fargo eventually told this guy that he had been denied for a modification. Until, that is, Planet Money aired his story! Monday, the day the Planet Money podcast aired, this guy was suddenly told that his modification had been approved. No explanation as to how it went from being denied to approved.

He is now saving $500 a month and has a 3.75% interest rate down from 6-something%. Today's Planet Money podcast talks about this and how this is seemingly a phenomena. People go through hell trying to get modifications, get nowhere, then a major media outlet airs their story and WHAMMO! Loan Modified!

So, now to get someone's attention. NPR, PRI, CNN, MSNBC, ABC, XYZ, LMNOP?! Help.

"And Three Baby Camels" - Planet Money

"IMPORTANT INFORMATION ENCLOSED"

A life-changing post... this is all happening in real time.

That's what the envelope said in all caps:

IMPORTANT
INFORMATION
ENCLOSED

I'm sitting here just writing a blog post about how we're so tired of showing the house after 9 months of jumping at every potential buyer's request to see our home and how we've decided to not show the house anymore since we already have 3 offers and how nice it will be for us to have a little privacy back for now... when something happens.

There's a knock at the door. A Realtor and his client. We were expecting them. Then the dog freaks out. Barking like crazy. At what? The mail carrier who arrives practically on the heels of the agent and potential buyer.

Bob picks up the dog as he's growling at the mail carrier.

"Steph, can you sign for something?" he asks, dog in arms. I quickly say hello and welcome the Realtor/Buyer and sign for the 5 (5!) certified letters from ReconTrust.

This is not good. ReconTrust (or RCT) is the company contracted by Countrywide to handle the foreclosure of our house. The last time we had received anything from them was on February 16th when they sent us- via certified mail- our notice of Foreclosure without a Sale Date. Again, 5 copies of the same letter.

I sign for the 5 letters, a sinking feeling growing in the pit of my stomach, and walk back into the house with a plastered-on smile.

"You have such a beautiful home," says the Realtor.

"I love the views," says his client.

"Thank you," I reply. "Would you like me to show you the downstairs room? Can I answer any questions..." I feel like a broken record. We've done this hundreds of times now. It feels like.

They breeze through the house and ask us about the offers.

"Yes," I say, "We have three. We just got a third today."

"And have any been accepted yet," asks the Realtor.

"Not yet," I say. But almost, I think.

They leave. Seemingly interested.... but, honestly, I don't even care right now. I care about the offer that is almost accepted. I care about these 5 certified letters from ReconTrust sitting unopened on my desk. I care about them because I know. I know what they're going to say.

And I'm right.

NOTICE OF TRUSTEE'S SALE

They have set a date. A date has been set. We are now in foreclosure with a date.

Notice is hereby given that RECONTRUST COMPANY, N.A. blah blah blah will sell on 06/09/2009 at 10:30 AM, at the West side of the Los Angeles County Courthouse blah blah blah at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, all right, title and interest conveyed to and now held by it under.... blah blah blah blah

Here's what Bob just figured out. February 16th, 2009 our house went into foreclosure without a sale date. June 6, 2009 is exactly 3 months and 3 weeks from February 16th. By law, they have to wait at least 3 months and 3 weeks. They are foreclosing at the earliest possible date. This, I have to say, is a surprise.

Why is it a surprise? Because in our attempt to modify our loan with Countrywide we were told by the Office of the President not to worry because they are so far behind that the likelihood of them actually setting a date in 3 months and 3 weeks was so slim. It could even be six months away. We wanted to believe that. So we did.

But that's not the only reason we're surprised. The short sale has been approved by both Countrywide and National City. Why would Countrywide approve a short sale and foreclose instead? At this very moment, Countrywide is considering two offers on our house. We just got a third offer today that we'll be submitting to them for consideration. Three different parties are trying to buy our house at this very moment. Why would they set a foreclosure date in the face of all of this? Well, perhaps it's a case of the right hand not knowing what the left is doing.

That's one explanation. Another is this. We were supposed to close on the first short sale offer (the one that fell through) on May 19th (3 days ago) but didn't. Because, as we've written here, that fell apart. The letter from ReconTrust is dated May 20th. Perhaps they decided to move on this rather than wait for another deal to come together. I don't know.

This is what I know: we have 3 offers. 2 are already at the bank under consideration. The people who submitted these offers really want our house. Our Realtor is telling us not to worry. That the short sale will come together and this date of foreclosure will all be moot. None of it will matter. I want to believe this.

Another thing I know: it will all work out. I don't know how. I just know. In the meantime, we will do everything we have to do to make sure this short sale comes together. Foreclosures don't benefit anyone.

June 9th (the auction date), by the way, is 10 days after our 6 year wedding anniversary.

Obama's Housing Plan goes into effect today

Well, we have yet to hear back from President Obama or his staff in response to my letter. Can you believe it? Hopefully it won't matter. Today is March 4th and seeing as we still have yet to sell our house or even get one offer (after dropping the price 4 times) we will be calling Countrywide to see if we, indeed, qualify for the plan.

Here's a little information courtesy of cnnmoney.com:

Obama foreclosure fix open for business
Federal officials release details of $75 billion loan modification and refinancing programs. Borrowers can start contacting loan servicers.
By Tami Luhby, CNNMoney.com senior writer
Last Updated: March 4, 2009: 11:08 AM ET
NEW YORK (CNNMoney.com) -- The Obama administration's foreclosure prevention program is open for business.
The multipronged fix calls for companies to help as many 4 million struggling borrowers by modifying loans so monthly housing payments are no more than 31% of monthly gross income. Separately, homeowners who haven't missed a payment can refinance into lower-cost loans even if they have little or no equity. This is expected to help up to 5 million homeowners.
The $75 billion loan modification plan will provide incentives to borrowers and loan servicers and investors to spur mortgage modifications. The government will also subsidize interest rate reductions to get borrowers to affordable monthly payments.
"This plan will help make home ownership more affordable for nine million American families and in doing so, help to stop the damaging impact that declining home prices have on all Americans," said Housing Secretary Shaun Donovan.
Borrowers can now contact their servicers to see whether they are eligible for assistance. Federal officials will promote the program at homeownership events nationwide.
The administration Wednesday released additional eligibility criteria and program guidelines.
The loan modification plan focuses on people who are behind in their payments or are at risk of default.
Federal officials clarified the definition of "at risk" as those: suffering serious hardships, declines in income or increase in expenses; facing an interest rate hike; having high mortgage debt compared to income; owing more than their house is worth, or demonstrating other reasons for being close to default.
To participate in the loan modification plan, borrowers must:
have obtained their mortgage before Jan. 1, 2009;
have a primary mortgage of less than $729,500;
live in the property;
fully document their income by providing tax returns and pay stubs;
sign a statement of financial hardship; and
go for counseling if their total household debt - including auto loans, credit cards and alimony - totals more than 55% of their income.
The modification program will be in effect until the end of 2012, but loans can only be adjusted once.
Officials also unveiled more details on how servicers will modify the loans. First, they must reduce interest rates so that borrowers' total house payments are not more than 38% of their monthly income. The government will then subsidize servicers dollar-for-dollar to lower that ratio to 31% - but the interest rate can't go below 2%.
The new interest rate would then remain in place for five years, after which it will increase by 1 percentage point a year until it reaches either the original rate or the prevailing mortgage rate at the time of the modification, whichever is lower.
If rate reductions aren't enough to get payments to 31% of income, a lender can extend the term up to 40 years, or shift part of the principal to the end of the loan at no interest. Servicers also have the option of reducing the loan's balance.
Servicers will receive $1,000 for each loan modified, as well as additional annual bonuses if borrowers keep up with payments. Investors will receive one-time $1,500 incentive payments for restructuring qualifying loans that are not yet delinquent. Finally, borrowers who keep up with their new payments will receive up to $1,000 a year in principal reduction, for up to five years.
The program also includes a new provision to eliminate borrowers' second mortgages. Investors in those mortgages, who at times have blocked modifications because they don't benefit from the adjustments, will receive incentives to eliminate those claims. Servicers that get second-mortgage holders to participate will receive an additional $250.
First Published: March 4, 2009: 9:22 AM ET