FL - Got Foreclosure summons today, but paid in DEC 07...?

[helpforfl]

Florida Resident

I was several months behind in my mortgage, and received a letter from an them stating that I needed to act now to avoid foreclosure. I worked with several people there and finally in December, got caught up completely. I wire transfered the money to the mortgage holder, and was then current.

This morning at 7 am, someone rang the doorbell, and it was someone serving me a summons for foreclosure. On the paperwork, it says that I owe all thr money that I had already paid (it was from Sept - Dec). So it obviously sounds like the lawyer never got the "email" to stop any legal proceedings.

Today I contacted the mortgager and was told - just ignore it. And I said well I can't ignore it when 30 days after I made the payments, and now the lawyer went and filed with the court YESTERDAY...

She said as far as they were concerned there were no forclosure proceedings, and that she would email the lawyer again. I got her name and the time of the call. But now I am not really sure what to do.

I don't want to ignore it, so I figured I would write a letter stating the facts, the dates of the payments, copies of the statement that shows I was current now, and include the names of the people I spoke to in the foreclosure department. But that still makes me worried that something else might happen, and now I am a little concerned. If I respond to both the lawyer disputing the debt, and also to the court with that data, and also have the Lender saying they are not forclosing, should I be ok? Can the lawyer forclose on me, even if the mortgager said they are not? I suspect someone who was supposed to help me just never followed up with the lawyer. (aka - someone not doing their job well). I had to spend almost 2 months working with this person to get a letter explaining the amount due so I could get a hardship withdrawal - that is part of the reason why it ended up being 4 months late instead of three....

[seniorjudge]

Do not assume that the proceeding is stopped until you get notice from the lawyer in writing.

Make sure you show up at all court proceedings.

[Zigner]

YOU should call the lawyer

[Grandma's house]

Do not rest until the lawyer prepares and files the dismissal.
The lenders are absolutely swamped with foreclosures and have had to hire many new people and open additional NEW depts. just to handle the new loan modifications. These loans are NOT going into foreclosure anymore but the loans are being now modified to save the losses even if it means adjusting the interest rates to 3% to make up for the interest only loans to get it fixed and fully amortized. That is the reason you have had to deal with so many people. Check where the funds are and what acct. they got applied to correctly. Hopefully to your acct.

Get the dismissal from the lawyer. If the atty. HAD dismissed it they should have sent it to you by now.
If not caught up...as you say but only paid "some" they should not have accepted any funds at this point and may have reversed the wire. Check the wire and where the funds went to.

[Grandma's house]

well? whats going on with this?

[helpforfl]

I finally got someone in the foreclosure dept who was helpful and called the lawyer and told them to close the case. Then she emailed him the same to confirm, he replied it was closed, and sent me both copies.

I am now preparing a letter to the lawyer and a copy to the court asking for a dismissal letter or notice (what is it called?) from him to make sure it is closed, and will include the proof of payment, the emails and anything else I can find (that is more for the courts benefit.

Thanks for the help! I was so worried!!!

[Grandma's house]

Yes...get a copy of the dismissal from the lenders atty. ASAP. Make sure it is filed with the courts.

I handle a LOT of this with the courts. :-) Believe me...us lenders do NOT want to foreclose. What are we going to do with all these houses???