yahoo上面的报道讲了三家人家在无过失的情况下面临被银行收回房子的。第一家刚作好重新贷款,新的贷款公司倒闭了,老的银行没拿到钱,因为他们只付了新贷款,老银行要没收他们的房子,打了四年的官司,最后他们不得不卖掉了房子。
第二家是买了短售房,付了钱,title 公司倒闭了,糟糕的是title 公司并没有把钱给卖方银行,也没过户,银行最后取消了原来的短售,要求他们高于原价买回房子。
第三家更离谱。因为他们提前在十二月交了一月的房款,被认定一月没交房贷,失去了参与政府房贷补助计划,差一点被银行没收房子。银行通常把提前交的房款当作额外的本金 principal付款。
The Pyrons went through a foreclosure nightmare, when they discovered that they didn't "officially" own their home because of a paperwork snafu.
With more than 200,000 households receiving foreclosure notices each
month, there are bound to be a few mistakes. But for some unlucky
homeowners, these blunders carry some serious consequences.
Maria
and Joseph Perez were threatened with foreclosure and abandoned their
home after a routine refinancing of their mortgage turned into a
four-year (and counting) battle.
The couple had initially purchased their Seguin, Texas home in 2007 with a mortgage that was backed by Bank of America
and serviced by a firm called Taylor, Bean & Whitaker. In August
2009, the couple refinanced the loan through Quicken in order to get a
better rate.
So Jose was puzzled when, a month after refinancing, he received a notice from Bank of America that said he was behind on his payments on the old loan.
It
turned out that Taylor, Bean & Whitaker, the mortgage servicer, had
ceased operations the same month they had refinanced. And Bank of America hadn't received the funds from the new loan to pay off the old one, said attorney Barry Brown, who is representing the couple.
Since there is pending litigation, Bank of America
wouldn't comment on this specific case. But company spokesman Richard
Simon said that when Taylor, Bean & Whitaker went bankrupt, the
state government froze its deposits, including monthly payments that
customers had made to the servicer and recently processed payoffs on
refinanced loans.
Adding an even odder twist was that Quicken had sold the servicing rights to the new loan to Bank of America. So while the couple was sending Bank of America payments on the new loan each month, Bank of America was sending them notices demanding payments for the old loan.
After several weeks of talks with the Perezes in late 2009, Bank of America
finally acknowledged that they had refinanced their loan and stopped
sending the payment notices, said Brown. The couple thought the
situation had been cleared up.
But about a year later, the bank
started asking for payments again. Somehow, the Perez's loan was again
flagged as past due even though the frozen payments on the old loan from
Taylor, Bean & Whitaker had been released to Bank of America.
"The
Perezes began to get collection calls and threats," said Brown. "They
barraged them with foreclosure notices, 16 in one month."
The
couple, who have two young children, said they were being driven crazy.
Their credit scores suffered. To cope, Jose, who is an electrical
technician with Tyson Foods, asked the company to transfer him. They
sold the house a year ago and moved to Kansas, far from family and
friends.
The move ended the foreclosure fight, but the Perez's are suing Bank of America
for unspecified damages for pain and suffering. They're charging
violations of Real Estate Settlement Provisions Act (RESPA) law, which
specifies how lenders should offer mortgages and under what terms, and
debt collection abuse laws.
"They feel like they're in exile," said Brown.
You don't own your home anymore -- we do
Brian
and Khanklink Pyron lived happily in their Houston-area home for two
years before they realized that they weren't technically the rightful
owners -- and the bank that was wanted its property back.
Right
after the couple bought their home in 2008, the title company, Esquire,
went bankrupt. The problem was that Esquire never transferred the money
the Pyrons paid for the home to the seller's mortgage holder, Wells
Fargo Bank, nor did it transfer the title of the home.
The money
that was supposed to go to Wells Fargo instead wound up with the state
of Texas guarantor, which was handling all of Esquire's accounts.
Meanwhile, Wells Fargo, which hadn't received a dime from the sale yet,
put a lien on the home.
"The title company meant to transfer the
funds and the title but it went defunct, so we had no recourse in terms
of recouping the loan," said Vickee Adams, a Wells Fargo spokeswoman.
10 cheap foreclosed homes for sale by Uncle Sam
The
Pyrons found out that the title transfer never took place after they
mailed their property tax check and got a letter back from the county
clerk's office telling them that the taxes had already been paid by
Wells Fargo. When they called the bank to find out why they had paid the
taxes, they found out that the bank still owned the home.
"We're going crazy," said Brian Pyron. "We had no idea this was happening. We were never late with payments."
The
other shoe dropped when Wells Fargo filed a foreclosure notice. After
some wrangling, the bank told the Pyrons they would resell the house to
them. But there was a catch: The bank, which had approved the original
deal as a short sale for $130,000, now wanted $172,000, said Pyron.
The
couple hired a lawyer but couldn't afford the fees so they let him go.
Their credit scores plunged and they lived in constant fear of losing
their home.
Then, last Friday, came a fortunate turn in the case.
Wells Fargo met with the Pyrons and told them they would release the
lien on the home. The bank didn't ask for any concessions or extra cash.
Now
the Pyrons, who have been making their mortgage payments throughout
this whole ordeal, are just waiting for the paperwork. "This is a huge
relief for us," said Brian.
"I'm glad to know that [we] were able
resolve the matter," said Wells Fargo's Adams. "These actions reflect
the consistent effort we pursue to help our customers retain home
ownership."
You paid too early
Sharon
Bullington, 70, and her husband James, a 78-year-old retired General
Motors employee, would never have guessed that paying their mortgage
bill too early would cause them to almost lose their home.
Initially,
medical bills pushed them to default on their mortgage. At the time,
the couple owed nearly $180,000 on their New Port Richey, Fla. home, and
their monthly mortgage payments were more than they could afford.
But
the couple qualified for a trial modification of their mortgage through
the government's Home Affordable Modification Program, which offered
them a loan with much more manageable monthly payments.
Yet, just a couple months later, Sharon found out that they had been booted from the HAMP program.
A
letter from her lender, Bank of America, stated that the Bullington's
were no longer eligible for the HAMP program because they were not able
to "to make each payment in the month in which it is due."
Sharon
had made the "mistake" of sending the payment for January in December.
The couple was being kicked out of the program for paying too early. And
since the trial modification fell through, the couple was yet again
facing foreclosure.
After making many calls and enlisting a
lawyer, the couple got a break. The case, which began with the January,
2011 early payment, was finally resolved in August with the bank
admitting its error and refinancing the mortgage for the couple, said
Shawn Yesner, the Bullington's attorney. To top of page