The Obama plan and my mortgage company

[KarenK65]

What is the name of your state. Ohio

Our house was owned by my mother in law who died in December 2004. On some idiot advice from a friend, my husband did not pay on the mortgage, it went seriously into arrears, and finally went into foreclosure, which he completely ignored. It was a default judgment. (I knew nothing about this because the papers went to my late mother in laws house,my husband took them and hid them, and I did not see them, he lied and told me he was making the house payments, nor did I see the notice in the papers.) I found out about it when we got a notice saying our house was up for sale at sheriff’s auction. My husband declared emergency bankruptcy and got the sale dropped, and after some negotiations he got the house moved into Loss and Mitigation. He was making payments under this agreement, and they were supposed to renegotiate another payment plan at the end of this year.

My husband died unexpectedy in March. I notified the company that he died, and sent them a death certificate. I spoke to a representative, who told me to keep making the payments until they notified me about setting up a new agreement. I have made the payments religiously. I made the May payment 3 days before the due date.

Wednesday, I got a letter from the company (EMC) stating that they had not received my payment so the agreement was off, and I either had to pay off the whole loan immediately, or they would put the house up for sale at the earliest time possible.

In shock, I called the company. I had all the receipts from the times I sent them the money. I had to send it Western Union, and we have file with all of them inside. It’s an unbroken chain of slips going back to the first payment my husband made.

The woman who took my call said that the house had gone back under foreclosure, and to keep that from happening, she would “Put me on the Obama plan.” She admitted to me that my payments had all been received and were all there. She had absolutely no answer to my question as to how I could have broken my agreement if all the payments had been made on time. She said once or twice, “Oh, you must have not made all the payments”, but a minute later she admitted that all the payments were in fact showing up on time. She kept saying over and over again, “Don’t worry, I’ll put you on the Obama plan”. It was almost like a mantra. She told me that in order to keep my house, I had to go on the Obama plan, and so I told her to put me on it, since I was still in shock. So she did. My payments will be 40 dollars more than what I was paying, which isn’t bad, but…did I have any rights since I DID make all my payments, should I have argued with her about it, was I right to take the new arrangement, and WHAT is “The Obama plan”? Any information would be so appreciated.What is the name of your state (only U.S. law)?