We were almost three months behind on our mortgage payment, due to an unexpected job loss. SPS gave us the option of entering into a forebearance agreement where we would pay an extra $609.00 on top of our regular mortgage payment, for a total of nine months, from July 06 and the last payment being March of 07. My wife and I signed the agreement, had it notarized, and faxed it back to SPS as stated on the agreement.
After making the initial payment in July 06 to enter into the agreement, we still recieved late notices along with phone calls about our late mortgage. We contacted SPS and were told, via a RECORDED phone conversation, that we would continue to get these phone calls and deliquent notices until the forbearance agreement was paid in full. SPS told us we were to ignore the phone calls as long as we made our forbearance payments, according to the agreement.
We did this making all of our payments, except for our last March 07 payment we were 20 days late and were served foreclosure papers. When we contacted SPS we were told that the original forbearance agreement was never recieved (the one we faxed to them) and therefore not entered into thier system. They never denied recieving the payments, which matched the forbearance plan (an extra $609.00 a month) and they even applied it to the deliquent amount, but what they are denying is recieving the fax- which to them, canceled the forebearance agreement all together.
After an hour on the phone with SPS, we were told not to dwell on the original forbearance agreement, since according to them, we did not fax the form back to them. During the term of the forebearance agreement, we contacted them SEVERAL times, about many different things, and discussed the forbearance agreement with numerous people. Never once did any of them ever mention that they did not recieve the fax and, as a matter of fact, the last man we talked to "congradulated" us on March being our last forbearance payment and told us to go back to our regular monthly payments starting April of 07.
We requested to listen to these recordings of these conversations and were told that we needed an attorney to do so. We contacted our attorney and we were told that the bottom line is, if we can't prove that we faxed the agreement, then we have no case. So according to SPS, the only way to stop the foreclosure was to enter into yet another forebearance agreement, but this one lasting 19 months in the amount of $8,020.30.
The frustrating part is, the original agreement was for $6,036.60 for 9 months. We are currently looking to refinance (which is tough now that SPS is showing us deliquent for 9 months) or our last resort, sell. We struggled for the 9 months to make $1,659.00 payments for 9 months, we don't now if we can make it the 19 months. We really don't know what to think about this, other than be saddened to know that we may loose our house that we (and our kids) put so much time into building to call it our home.