Sherry benight was called to the stand for the prosecution. She worked in the foreclosure department at SPS. She further stated that once a loan has gone into foreclosure and the borrower is contesting that foreclosure action, the file comes to someone in the department she worked in, and that department handles the litigation or contested matter. Ms. Benight also stated that she was considered the custodian of records.
Below we see Ms. Benight state that SPS took over servicing Mrs. Bratton’s loan in October of 08. Mrs. Benight also stated that the entire time they were servicing Ms. Bratton’s loan that no payments were made or accepted. She then went on to say that the last payment accepted on the loan was accepted by the prior servicer in March of 08. This payment she explained was applied to the September 07 payment, making this the last official payment Barbara Bratton paid. Ms. Benight made it clear that since that September 07 payment there were no payments that were accepted.
Below we see Ms. Benight state that there was a payment sent, but it was not accepted because it was not enough to bring the loan current. If it was enough to bring the loan current, it would have been accepted.
Below, we see Ms. Benight explains the efforts made by SPS to help the borrower become current or reinstate the loan. She stated that SPS sent letters to the borrower’s address which was soliciting for different loss mediation options or resolution options, ways to help the borrower modify the loan, DO A SHORT SALE, short pay, or other options we had to get the home out of foreclosure. Ms. Benight then stated that there was no response to those letters. The prosecution then asked if any of that information sent to Barbara Bratton were about the HARM program.
Next, Ms. Benight stated that the different programs that they had offered to Mrs. Bratton were not only a modification, which would have been the MMS, HARM PROGRAM, the HAMP program, and also a SHORT SALE! She iterated that SPS gives out full packets of information that were sent to the borrower, that just needed to be completed and sent back. She then told the prosecution that Barbara Bratton did not respond whatsoever.
