Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Chris

I fell behind on my mortgage payments, and my house went into foreclosure. I recently signed into a forbearance agreement, which required a down payment (that i paid) and that I make double payments for a year. However, when I check with the trustee's website, it says the foreclosure is active and still on track for the property to be auctioned in nine days. How binding is this agreement and can they still auction my house legally?

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Stephen

Not at all.

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Two things I tell everyone, Chris. 1.) It's only illegal if they get caught. 2.) It's not what you know it's what you can prove.

I'd be on the phone (yes, this is one of those times) tomorrow to the trustee asking them what is going on with regard to the foreclosure sale. I'd also be asking them to put whatever they determine in writing and get you a copy ASAP. If it is at all possible, call them first thing in the morning and ask them then ask if you can pick up whatever information in writing before the close of business tomorrow. Point out that you have a signed forbearance agreement in your possession. Be ready to provide proof of it if necessary.

This may be a case of their website not being up to date. It may be that they haven't yet received a copy of your forbearance agreement. Or it may be something else entirely. Be as proactive as you possibly can be on this and, depending on the answers you get tomorrow, start lining up legal counsel in case you need it. IF you don't have anything definitive in writing a minimum of 72 hours before the scheduled auction I'd be on the phone to an attorney getting the necessary balls rolling.

Good luck.
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A forbearance agreement is usually used to by pass foreclosure laws. If you read it probably has a clause for immediate or near immediate possession which is considered a non-judicial foreclosure. Forbearance agreements are usually very bad for the borrower as are deed in lieu and most other types of arrangements made to allow the borrower to stay in the home once the foreclosure has been initiated.
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Joe B
You may be able to have an attorney do a reasonable review fairly inexpensively.

You would want to make sure that any breech of the agreement cannot result in anything but the normal f/c process, wherein you have many rights. In other words, you don't want to surrender any rights you may have by signing this document. This is especially prudent if you have one of the more notorious servicers.

The reason is that they often use these agreements, and then 'magically' one of your payments is late, or is suddenly not sufficient to cover the fees that have suddenly appeared, and you are in breech of the agreement, and they are able to short-circuit the normal f/c process.

Be VERY careful!!

JB


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Ohio
Joe is soooooo right!

99% of my case against Wells Fargo is centered around what I call predatory forebearance/repayment plans.

Ever imagine what it would be like riding in a car with the devil who's jacked up on caffeine and speed and hell bent on killing you by scaring you to death?????

THAT my friend would be a blessing compared to what these F***ers will put you through.

The answer to your question is they are NOT safe....but what in hell is safe???

Get a copy of it if you don't already have one. Chances are good they constructed it in a way that could come back to severely haunt them. 
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mac
Forbearance plan hell is a major portion of my problem with Ocwen.  Ohio is right, they are PREDATORY!!  
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Ohio
Example:

Payment due date changed to the 20th per the written agreement....

Guess what happened on the 16th of every month like clock work??

If you guessed a late charge was added .....you might be an MSF victim.

They stopped sending statements for several months so by the time I finally received one I saw all the beautiful late fees that had accumulated.

They paid themselves the late fees before applying the payments to interest/principal/T&I escrow.....

What was left over (several thousands of dollars) they covertly stashed in a suspense account where the money still sits to this day.
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