| Modification etc... What is the name of your state (only U.S. law)? CA
My brother entered into a modification (thursday evening) only days before his foreclosure date (the following Monday). It was verbal, pending good faith deposit and paperwork being sent faxed back. He sent the good faith money the following day via Western Union (Friday noon) and confirmed they got the funds. The mrtg co. faxed the aggreement to modify elsewhere (thursday evening), he never received any paperwork until the mrtg company refaxed the day after the foreclosure sale (that Monday) nd they faxed the papers on Tuesday afternoon. The cover sheet clearly shows the fax number it on 12/11/08 was sent to but with his name on it. It also shows the dates it was faxed. The number it was faxed to was in So CA and he lives in No CA. The #s weren't even close. His loss mitigation department would not resent it on the day prior to the sale date, as we both argued with them regarding where the papers were. They haven't returned the funds like they said they would if they sold the house.. Do you think he's got any grounds to get the sale reversed. He owed 185K and they sold it for 40K? He's only spoken to one attorney but he didn't seem to think the modification agreement and mismatched fax numbers were enough to get anything done. He wanted something that said the Mrtg company screwed up, like they're going to give us something that says that! They claim they sold it because the paperwork was not faxed back on time. Comments appreciated.. |