Not sure whether or not homelender breached contract with us

[earlydawnslight]

( undefinedWhat is the name of your state?Indiana - two years ago my husband and I fell into one crisis after another and financially we began to struggle with paying our mortgage, last May 2004 we fell short of the full payment and we sent in a partial payment with notification that we would get the rest sent out asap. A week later we received a letter thanking us for a way less payment than what we sent in and we were not credited for the money we sent in. We began the phone calls to our lender to get it straightened out to no avail, we began after this occured to receive more notices stating we owe more and more at an accelerated rate and our lender notified us that they would not receive anymore payments from us until we send in the entire amt. they were asking for which was not the fixed rate anylonger. the amt went from 571.49 a month to the final notice last month which was 26,000.00. A Few days ago we received notice of being sued for entire balance of 67,000 and change or for our home and land. My husband and I feel they breached the contract with us when they refused anymore payments from us a year ago but we are not sure because we do not know the law concerning this, we do not want to lose our home, become homeless and lose our land. We do not have 67,000 and we feel it is wrong for what our lender is trying to do. Is there anything we can do and do you think this is a breach of contract on the part of our lender?? Should we retain some kind of legal counsel? Please help asap for this is of utmost importance, thank you!

 

[JETX]

My husband and I feel they breached the contract with us when they refused anymore payments from us a year ago

Interesting.... so you figure YOUR breach (by not paying the agreed amount when promised) was okay.... yet, there refusal to accept your less than agreed payment was not??
When YOU breached your repayment agreement, you forced the lender to make a decision. Accept your lesser payment and waive your breach, or refuse your payment and force your breach. A lender will usually look at your previous history and, if this is a one-time thing, usually try to work it out. However, if this is just another of several abusive payments.... they will simply decide to cut their losses.... and start foreclosure.

we do not want to lose our home, become homeless and lose our land.

Very simple.... then remove your breach (by paying the arrearage) and stay current.

We do not have 67,000 and we feel it is wrong for what our lender is trying to do.

How is it wrong for the lender to try to protect themselves from your not paying?? Why do you think the lender should 'carry your debt'.... when you have breached the repayment agreement??

Is there anything we can do

Yep. Pay what you promised when they loaned you the money. Take out a second mortgage. Sell all the 'extra toys' you might have. Learn to live within your means. Even sell the house and move to something smaller. Consider filing bankruptcy.

and do you think this is a breach of contract on the part of our lender??

Of course not. Read your repayment agreement.

Should we retain some kind of legal counsel?

For what?? Save your money and use it to make your payment.

 

[DHYS]

People who log on to web sites such as this are looking for a little advice and guidance and I don't believe sarcastic, condescending remarks such as this help anyone:

Sell all the 'extra toys' you might have. Learn to live within your means

Pay what you promised when they loaned you the money.

These are probably honest, hard-working people who are trying to do what's right and they're being treated like low-life, bill-dodging scum who take a vacation to Martha's Vineyard every other weekend. Many of us have dealt with the voice on the other end of the phone - "send money, send money, you are not important, send money". If these people hadn't been trying to work it out with the lender, they wouldn't have made a partial payment or spent countless hours on the phone trying to rectify the initial problem - their partial payment was not adequately reflected. You tell them to pay what they owe when the lended won't expect anything less than the full mortgage. I don't believe that is helpful advice. My point it, offer advice if you like but please cut down on the sarcasm. Would it hurt so very much to say, "Dawnsearlylight, I'm sorry to hear about your problem. You might try selling the house and paying it off that way and living in an apartment for awhile until you build up more cash for another down payment".

 

[JETX]

People who log on to web sites such as this are looking for a little advice and guidance and I don't believe sarcastic, condescending remarks such as this help anyone:

Are you sure you're on the correct website?? You must think that this is the Oprah or Dr. Phil website, where we just give everyone 'pats on the back' and warm hugs and kisses.
Sorry, but this is a LEGAL website. And yes, the law can be harsh.... and even unfair.
So, if you don't like the responses to OTHER peoples threads, shut the hell up!!
You have no 'standing' in this thread.... and your whiney, pitiful, 'warm fuzzies' are NOT legal advice.... or of benefit to anyone.

These are probably honest, hard-working people who are trying to do what's right

HUH??? Are you reading the same thread that we all are??
Where does it say "I am an honest, hard-working people"?? Where does it say "we are trying to do right"??
Of course, those are simple assumptions on your part.... kind of like the rest of your pitiful post.

 

[DHYS]

my, my, aren't we defensive?

Who ever said that lawyers can't be compassionate and that the law has to be harsh and unfari? Is there any need for such nastiness? I think someone has some anger issues and it's such as heck not me! I don't believe you offered any constructive advice to that young lady and were just trying to prove how big and bad the real world is. Well, I'm sure you've got a nice life with attitudes like that.

 

[JETX]

my, my, aren't we defensive?

Honest? Yes. Defensive? Not at all.
I just get pissed off when idiots, who clearly have NO experience in law or this forum (since you are a newbie with only THREE posts to date), come on here and start bleating and whining about "oh, this site is so cruel and mean!!". Simple solution.... if you don't like it... leave. Even you should have been able to figure that out.

Well, I'm sure you've got a nice life with attitudes like that.

Yep. I am pretty happy with my life. Married in excess of 30 years. We raised two good, responsible sons. I pay my bills. Have some fairly good investments that pay well. Pay cash for my vehicles. Pay credit card balances when due. Rental income pays mortgages. Yep, life can be good.... for those that accept life as it is and try to plan for the hills.... and valleys... of life. Thanks for asking.

 

[HomeGuru]

JETX, you rock man...........

 

[DHYS]

Mister, this is the last I'm going to say on the subject because you're not worth wasting my time.

A) I said sarcasm does not help this lady with her problem and is unnecessary.

B) Last time I checked, you don't have to be a lawyer to offer friendly advice.

C) Being a "newbie" to one posting board on the internet makes me neither an idiot or inexperienced in life.

D) I never said anything whiny or pathetic. If you've ever experienced real hills and valleys, you know the first rule of life is "LIFE AIN'T FAIR". Believe me, I learned that lesson very well at an early age and undoubtedly know it better than you.

E) I have refrained from name-calling as I find that another useless gesture which does nothing but enflame the situation. I would think a professional person like yourself would also be above such things but maybe that's how they do things where you're from.

 

[JETX]

I said sarcasm does not help this lady with her problem and is unnecessary.

Since there was NOTHING sarcastic in my post, it is clear that you don't know what it means. In my never ending attempts to educate the ignorant, let me help:

sarcasm; n.
1. A cutting, often ironic remark intended to wound.
2. A form of wit that is marked by the use of sarcastic language and is intended to make its victim the butt of contempt or ridicule.

Last time I checked, you don't have to be a lawyer to offer friendly advice.

Correct, but you would certainly expect someone who is responding on a LEGAL advice site to have at least SOME level of legal knowledge, experience or education, wouldn't you??

Being a "newbie" to one posting board on the internet makes me neither an idiot or inexperienced in life.

Correct. Your post did that.

I never said anything whiny or pathetic.

Matter of perception. To me, your post was FULL of whiny, pathetic 'warm fuzzy', give-a-hug crap.

I have refrained from name-calling as I find that another useless gesture which does nothing but enflame the situation. I would think a professional person like yourself would also be above such things but maybe that's how they do things where you're from.

Sometimes, you have to hit the donkey on the head with a 2x4 to get its attention. I used that "2x4" on you.... because you were clearly going to do as you are now..... offering your whiny, pathetic, sophomoric, 'spin' on your post.

 

[earlydawnslight]

To the jerk who answered my simple question with such animosity-JETX.. My husband and I are very hard working, honest people who have come accross hard times. My husband as a matter of fact and our family has served the United States and your freedom for over 17 yrs. You jump to conclusions and lack the knowledge to judge anyone or anything.. we didn't breach any contract with our lender, you misunderstood, our payment we sent off to our lender claims not to have received it for that month but we have the receipt, that is the reason they began to accelerate the amt. the wanted us to pay up to this point. You didn't help one iota with your vindicating!! Thank God for people like DYHS who at least show some wisdom seasoned with grace!!

Are you sure you're on the correct website?? You must think that this is the Oprah or Dr. Phil website, where we just give everyone 'pats on the back' and warm hugs and kisses.
Sorry, but this is a LEGAL website. And yes, the law can be harsh.... and even unfair.
So, if you don't like the responses to OTHER peoples threads, shut the hell up!!
You have no 'standing' in this thread.... and your whiney, pitiful, 'warm fuzzies' are NOT legal advice.... or of benefit to anyone.


HUH??? Are you reading the same thread that we all are??
Where does it say "I am an honest, hard-working people"?? Where does it say "we are trying to do right"??
Of course, those are simple assumptions on your part.... kind of like the rest of your pitiful post.

 

[JETX]

My husband and I are very hard working, honest people who have come accross hard times.

Great. However, you don't get an 'atta-boy' for doing what you are expected to do.

My husband as a matter of fact and our family has served the United States and your freedom for over 17 yrs.

Thank you. But that does NOT waive your obligation to abide by your agreement(s).

You jump to conclusions and lack the knowledge to judge anyone or anything.

Nope. I didn't jump to any conclusions at all. I just told the truth....

we didn't breach any contract with our lender, you misunderstood, our payment we sent off to our lender claims not to have received it for that month but we have the receipt, that is the reason they began to accelerate the amt.

Better get your stories straight!!
Your original post: "last May 2004 we fell short of the full payment and we sent in a partial payment"
So, which is it??

the wanted us to pay up to this point.

Again, you must be confused. From your original post, it is CLEAR to us that you made a partial payment. That is a BREACH. Due to your breach, they 'accelerated' the payments (read your agreement) and demanded payment in full. Not an uncommon act by a lender.

You didn't help one iota with your vindicating!!

You're right. You clearly did NOT understand my clear post.... probably because it wasn't what you wanted to hear. Gee, honesty sure hits home, huh??

Thank God for people like DYHS who at least show some wisdom seasoned with grace!!

Interesting... you whine and moan that my posts wasn't any help... and praise someone who didn't offer anything!!

Since you don't seem to like honest, frank, legal accuracy, lets try this one:
Awww... poor baby!! I know that you are really a very nice person and these big bad lenders just don't understand!! You want to skip payments or make partial payments, and those bad, bad lenders just refuse to understand your 'special needs'.
There, feel better??

 

[DHYS]

Earlydawnslight,

I don't know what we were thinking of...this forum isn't a place for decent people, it's a place for lawyers with big egos with nothing better to do who like to act better than everyone else. Now we know why lawyers are despised by so many people (look up Shakesphere). Don't let this fella get you down - there really are good people still out there!

With your military background, perhaps there is someone through those channels who you could afford to consult with.

Good luck and God bless!

DHYS

 

[earlydawnslight]

Indiana- Jetx, for your info. we sent in the rest of that payment after talking with our lender and brought our account up to full immediately, the problem wasn't in the partial because we sent the rest of the payment in with late fees, the problem was our lender not crediting us with that payment!! We got the run around from them and we have proof of it and Thanks to your ignorant view, I now know what we must do which is never write into one of these forums again and seek legitimate counsel, not a wananbe lawyer.. Or should I say a pretend lawyer..lol.. By the way I didn't hear any legal advice come from you, all I heard from you was what one might opinionate in a bar room after a bout with too much drink. It's easy to give opinions but I didn't write in to this forum for an opinion those come a dime a dozen, I wrote in to this forum to get what was advertised, free legal advice but what I got was a degrading vocal such as yourself, my advice to anyone you post a response to, would be, throw the trash out where it belongs in the trash, that is where I disposed of your opinions. The coals are burning!! My mistake, I really thought this was a legitimate legal forum and either it is or you diservice it by your unprofessionalism!!

 

[JETX]

Indiana- Jetx, for your info. we sent in the rest of that payment after talking with our lender and brought our account up to full immediately, the problem wasn't in the partial because we sent the rest of the payment in with late fees, the problem was our lender not crediting us with that payment!!

Okay, you hadn't said that before.... and that was a MAJOR issue in determining my response.

We got the run around from them and we have proof of it and Thanks to your ignorant view, I now know what we must do which is never write into one of these forums again and seek legitimate counsel, not a wananbe lawyer.. Or should I say a pretend lawyer..lol.. By the way I didn't hear any legal advice come from you, all I heard from you was what one might opinionate in a bar room after a bout with too much drink. It's easy to give opinions but I didn't write in to this forum for an opinion those come a dime a dozen, I wrote in to this forum to get what was advertised, free legal advice but what I got was a degrading vocal such as yourself, my advice to anyone you post a response to, would be, throw the trash out where it belongs in the trash, that is where I disposed of your opinions. The coals are burning!! My mistake, I really thought this was a legitimate legal forum and either it is or you diservice it by your unprofessionalism!!

So, since YOU forgot to provide critical information, that affected my response, you have now decided that it is my fault. Okay, I can live with that.
And your tendency to blame others for your failures might just explain some of your other problems.
Have a hap-hap-happy day.

 

[earlydawnslight]

JETX, You are correct, I did forget to provide important info. and I apologize for my response to your attempt at helping. I am sure you see this a lot, people not paying their bills and acting shocked when their creditors demand foreclosure or whatever, thus I can see After re-reading my original post why you would respond in the way that you did and I realized that I did indeed forget to provide all info.. I will not make any excuses as to why I forgot some things but will just live and learn and say that this has been a very trying and difficult time for my family. In any case, I do apologize to you..