Loan Modifications

Loan Modification – Ocwen Did Not Follow HAMP

February 10, 2017

Background:

  • Loan was acquired through a divorce and the wife remained in the home after divorce.
  • Wife had previously filed for a Chapter 7 bankruptcy; Ocwen did not allow Wife to apply for a loan modification.
  • Before assuming the mortgage, wife applied for a loan modification from Ocwen Loan Servicing.
  • Debtor participated in good faith to apply for the loan modification.
  • Ocwen presented that the Debtor was not acting in good faith since she did not want to assume the mortgage before applying for a loan modification.

Continue reading…

Wells Fargo Not Allowed to Modify Loan by Simple Notice

February 11, 2016

One of the major lenders, Wells Fargo, recently was attempting to modify a Debtor’s loanStruck Down in a Chapter 13 bankruptcy Case.

Wells Fargo filed a Notice of Mortgage Payment Change with the Court in order to notify all parties to the case of the loan modification.  This loan modification called for a monthly increase in mortgage payments to be paid by the debtor to Wells Fargo.

The Court struck down and disallowed this practice. Continue reading…

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