| Help with foreclosure mess!
What is the name of your state?
What is the name of your state? New York
I am in A chapter 13 an was behind in my mortgage payments and got a conditional order last Dec.2003, when I paid up the conditional order, I made an overpayment in March of 2004 bringing my mortgage payments current until Sept 2004. Then my husband lost his job and we fell behind on the Chapter 13 payments and had to go back to court because the trustee dismissed my case, which was reinstated when the payments were made up. Somehow the mortgage company was never notified that the Chapter 13 plan was reinstated and started foreclosure procedings and because of the conditional order did not have to notify me. They did however notifiy me one week before the sale date. When I phoned there attorney to get this resolved, they phoned the mortgage company and got the sale date cancelled. They did say they put it into forclosure because the case was dismissed , not because of missed payments. They faxed me a copy of the order holding the hearing date for the sale. Then the following week, I had someone come to my door with an order to vacate the premises in 10 days, they had apparantly gone thru with the foreclosure!! When I called my attorney they told me it must be some mistake. But when they called the mortgage company they claimed I was behind on my payments! I feel I was mislead. As fas as I knew there were no late payments, and if there were I was not given a chance to make good on them. As fas as I knew there wasn't even a sale, I was told it was cancelled. Didn't I have a right to be there or to have my attorney represent me? The mortgage company is thinking it over and will let me know their decision this week. They obviously know that there was something not quite right here.
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10-17-2004, 10:37 PM
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