February 10, 2017
- 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.
February 11, 2016
One of the major lenders, Wells Fargo, recently was attempting to modify a Debtor’s loan 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. read more…
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