I am told by a loan officer my mortgage is eligible for a refi under Harp 2, but that he can't handle it because DU shows there was a deed in

Asked by Laurie Lyons, Barnstable, MA Wed May 1, 2013

lieu of foreclosure on my property, which is incorrect. The mortgage was held by GMAC, now in bankruptcy. The new holder, Green Tree, has no interest in changing the DU code to properly reflect this mortgage was reinstated several years ago. How can I get this fixed so that I can take advantage of a Harp refi, which I need and cannot otherwise obtain? HELP! Thanks!

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Richard Shap…, , Framingham, MA
Wed May 1, 2013
Do not call another loan officer as suggested by any person here. This is a coding error on your mortgage servicers part.

I would suggest logging a complaint at the consumer protection bureau


Further you may want to speak to the Mass AG's office as well.
1 vote
, ,
Wed May 1, 2013
Hi Laurie
The CFPB is probably the best way to force the service to correct the error. Unfortunately this is not something that any other lender is going to be able to help you out with because they cannot make manual changes like this on the HARP program.

Outside of that, you may want to get a real estate attorney to assist you as well. The good news is that rates have come down a bit recently and HARP has been extended beyond this year. So even if it takes awhile to get things rectified you should be OK

Best of luck!
0 votes
Richard Shap…, , Framingham, MA
Wed May 1, 2013
By logging a CFPB complaint, your issue will be escalated by Green Tree. Mortgage Servicers will not want to have the CFBP nosing around so I would expect fast cooperation.
0 votes
Heath Coker, Agent, Falmouth, MA
Wed May 1, 2013
I would immediately call the Attorney General and get them involved.
You will have to explain and re-explain while they pass you through to the "next" person.
BUT, once you get to the right person, they are very helpful.

- you have your dates and information available.
- you are clear and concise because they are busy and need to be able to understand very quickly that you are help-able
- you are patient, calm, thoughtful, and grateful, because they have lots of files to deal with

- you take good notes about who you talked to, when you talked, in which department, on which direct line if they will give it to you, what steps they tell you to take, what papers they ask you to send, etc.

You may have to send the info more than once, but don't quit.
If the bank is in the wrong, they need a push from someone with authority and other than the borrower/owner.
They may not have the correct papers in their file to start with - or they may.

You may also be dealing with the Servicer and not the holder of the debt.
Servicers cannot do what you want.
They have to ask for the holder of the debt to make the change.

Note: I did not find any record of a Deed in Lieu in the Barnstable Reg Of Deeds under your name .
You can research your property online very quickly and see what is recorded.
The only property that appears, besides a timeshare, is for a property in Brewster.
Note/suggestion: the discharge on one of the mortgages appears to be impropertly referenced in the discharge.
That could cause a problem if "they" only did a fast title exam.
And improperly discharged mortgage is a "cloud" on the title and I have seen them corrected with patience, concentration, and understanding that typos can and have been made by everyone at som point.
0 votes
Denis DaSilva, Agent, Somerset, MA
Wed May 1, 2013
Speak to Miguel DeSousa a Loan Officer with TBOC his number is 5089441863.
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