ANOTHER ANGRY HAMP TRIAL PLAN BREACH OF CONTRACT VICTIM EMAILS US THEIR FRUSTRATION………OUR RESPONSE…..

Yes, we are hearing more and more of these.  People being dragged along making trial plan payments only to have the rug pulled out from beneath them.  Unfortunately, you can also be on a trial plan and have them foreclose on you.  So be careful, do not trust what these lenders and loan servicers are saying regarding trial plans and postponed sales especially where you have a foreclosure sale date and they have not agreed to extend (in writing).  Even getting this is writing doesn’t always protect you.  That’s how rigged the system is.  If you have a refinance loan transaction within the last three years, get a TILA audit (truth in lending), if you have a right to rescind your loan (yes, there is an extended three year right to rescind you loan where material violations are found), you may want to consier rescindinng your loan if you are getting close to a sale date, and you are on a trial plan, but no permamnent modification has come.  You have to do everything possible to protect yourself.  Some people, if they have valid grounds to file for an injunction, will file for a TRO when it comes down to the wire and no modification has been provided.  Anyway, check with your attorney about your situation.  But whatever you do, DO NOT BLINDLY TRUST THAT THE BANKS ARE ALWAYS HERE TO HELP YOU OR ARE YOUR FRIEND.  When you sue these banks, one of the first things they like to point out is WE OWE THE BORROWER NO FIDUCIARY DUTY……..THINK ABOUT THAT…….THEY WANT TO MAKE CLEAR THAT THEY DO NOT HAVE TO DO ANYTHING SPECIAL ON OYR BEHALF, OR OTHERWISE HAVE ANY DUTY TO TREAT YOU FAIRLY.  YES, THIS IS THE LAW FOR THE MOST PART.

STEVE VONDRAN, ESQ.
FORECLSURE DEFENSE / BANKRUPTCY
CALIFORNIA / ARIZONA
PHONE (877) 276-5084