This is Part 2 of my article on the "Secrets to Stop Foreclosure." In Part 1, I discussed the secrets of how to communicate with your lender and how to find the appropriate person at the lender's office. In this article, I'll discuss the secrets of finding someone with authority at your lender's office, getting your files organized, and learning to understand the foreclosure clock.
A. Find Someone With Authority to Stop the Foreclosure
As you develop a strategy to stop your foreclosure, the secret is to be in close contact with someone at your lender's office who has authority to stop the foreclosure. Don't waste your time negotiating with a lower-level collection person who has little interest in your hardship or the reasons you are not making the monthly payments. All he wants to know is when you are going to pay. The secret here is that collection personnel have no authority to negotiate with you or stop your foreclosure. You need to find someone with authority. Here is another secret. If a collection person calls, politely say goodbye and hang up. Then call the main office of your lender. Ask for the names of the branch manager and the senior loan officer. When you get the information, thank the person you're spoke to, and hang up again. Wait one hour, call back and ask for the branch manager or senior loan officer specifically by name. Once you are connected, request an appointment. If you can't get through and no one returns your call, send a letter. Be sure you send a copy to the president of your lender. Wait several days and call again. Sooner or later, you'll reach someone with authority. This is the person you will want to meet with.
B. Get Organized
It is important to gather together all the documents that relate to your property and your loan. In a typical real estate transaction, you signed a purchase contract, escrow instructions, a promissory note, and either a mortgage or deed of trust. Organize and review as many of these documents as you can in order to understand how the foreclosure process applies to you. Here's what you should get:
• Copies of the promissory note, mortgage or deed of trust,
• Copies of all documents and letters in your escrow file (contact the escrow company or title company that handled the purchase of your property to get copies).
• A "property profile" which contains information on all documents recorded against your property. You can obtain a free copy of a property profile from the title insurance company that originally insured your purchase of the property. Also ask the company for copies of all documents recorded against your property in the county recorder's office.
• Copies of all letters you sent to and received from your lender, along with the envelopes the letters from your lender came in, if you have them.
• Copies of your monthly mortgage statements, loan payment stubs, or any other billing and payment information.
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