How to force the bank to respond to your loss mitigation effort

For any borrower that has been through any type of loss mitigation, whether it be a short sale, loan modification or deed in lieu, they know loss mitigation can be a long process. Once your documents are submitted to the lender or servicer, it can take months and sometimes years before those documents are actually reviewed. Even more frustrating, many times after the bank takes a first look at the documents, they will request that the borrower either update their documents or state that their documents have not been filled out correctly. Then the frustrating cycle begins all over again.

Some Florida foreclosure defendants get so frustrated with the process that they give up hope, or they continue to get frustrated throughout the process.

At the law office of Haynes & de Paz, we have three keys that enable us to receive quick results for loss mitigation efforts from the lenders.

1) Weekly written and verbal communication with the lender.

This is probably the most important key. We have a system where we make sure we contact the lender’s representative at least once a week. If we feel like a representative is clueless, then we ask for their manager. Persistence is key in obtaining an answer from the lender/servicer.

2) Motions for conciliation conferences

A motion for a conciliation conference is essentially requesting that the court grant a phone mediation, without a mediator. This means there are no costs (mediator fees) and it requires the bank have a representative on the phone with settlement authority. This tool has helped my clients receive favorable results to loss mitigation efforts several times.

3) Communication between us and our clients

One thing that we require from our clients here at Haynes & de Paz, is active communication. In fact, it is the responsibility of our clients to communicate and respond to us. This requirement is built into our fee agreements. It is a team effort that requires constant efficient communication, not just between our firm and the bank, but between our firm and our clients. We give clients internal deadlines to get documentation to us. This makes a big difference in keeping documents “fresh” so the bank cannot require more documentation from our clients.

If you have a Florida foreclosure case filed against you and you are pursuing loss mitigation options, don’t give up! Contact the law firm of Haynes & de Paz, P.A. We will aggressively pursue your loss mitigation goals!

Categories: