Butterflymama
Junior Member
What is the name of your state (only U.S. law)? Ohio
Hi everyone. I could really use some guidance. I am nearing the end of the process and completely freaking out... I should probably start at the beginning...
I have lived in my home(mortgage through Wells Fargo) since July 2011. My grandfather co-signed the loan as a qualifying co-signer since I was $200 short of the qualifying income (I am on SSI for permanent disability) & my boyfriend's credit was too bad to qualify as co-signer. All was fine with payments and the mortgage standing for years...
Without going into a whole huge story just to get to the present situation, in 2014 my home went into foreclosure since I did not qualify for anything - assistance programs, forbearance, hardship, loan modification, etc. etc. etc. - because they factored in my grandfather's income despite him just being a qualifying cosigner (he also refused to sign the paper confirming so), which put me over the "qualifying income".
Once the foreclosure filing was served, the past due amount was promptly paid off (by my grandfather who refused to help prevent all of that with a signature) and the loan was reinstated around the end of October 2014... My grandfather, sadly, passed away a little over a month later from pneumonia.
From 11/2014 through 10/2015 all was well with payments and the loan.... The end of 2015 comes along and my boyfriend lost his job, we lost our assistance for utilities, and our hot water tank broke all within the span of a month. Again, I called Wells Fargo to see what my options were for temporary hardship. Again, I didn't qualify for anything because of my grandfather being a cosigner even though he was no longer living. So, we missed some payments...
10/2015 - missed 1st payment (no notice - phone or mail - from Wells Fargo about payments/default/etc.)
11/2015 - missed 2nd payment (still no notice)
This is where it all gets sketchy...
12/9/2015 - My mother came over for a visit and brought 2 envelopes that had been opened, addressed to my name... AT MY ESTRANGED UNCLE'S ADDRESS!! (this man hasn't spoke to or seen me in 8+ years)... One was postmarked in SEPTEMBER and the other was postmarked NOVEMBER and both were sent by Wells Fargo.
My mom said, "Your Uncle got these in the mail awhile back and he just dropped them off to me and said that the check was addressed to you so he couldn't cash it and didn't know what to do with any of it so he wanted me to drop them off to you." ..... (Are you freaking kidding me?!?!)....
The letter postmarked for September stated that they couldn't apply my payment and there was a check included for my refunded September 2015 payment.... For one, I paid online through my bank as I always do and I've had a return payment that was deposited back in my bank where it came from, not mailed in check form.
For two, I have no idea where they got me living at my uncle's address out of the blue. Third, there was no explanation as to why they wouldn't accept the payment. It was a full payment. And at that time, I was current... So, I looked at the second letter postmarked in November and it was a Notice of Default!! Keep in mind, 1) both of these letters had been addressed to MY NAME at an address that was NEVER associated with the loan in any way, 2) my uncle opened both of these letters & kept them for 3 months.
12/10/2015 - I paid the full amount that was owed through my account on the Wells Fargo site via my checking account (plus interest, fees, etc.) ...I set the check for my returned payment aside until I could get down to my bank later in the month and I went about my holiday prep/plans thinking all was fine..
12/30/2015 - Had my boyfriend deposit the check in my account for me (I'm homebound in a wheelchair). Later that day, I checked my bank statement that had been mailed & find that on 12/12/2015 my payment that paid off my balance owed was returned to my checking account!!
At this point in time, I did not have access to a phone to call Wells Fargo to figure out what the heck was going on. So I figured I would get papers in the mail soon from either them or the courts. I couldn't really do anything else, so my only option was to wait... and wait... and wait...
2/8/2016 - I was served with foreclosure papers.... They had filed for foreclosure on 12/23/2015... 13 days after I had made a full payment that brought the loan current!!!.... I was not served until almost 2 months later!!!!....
2/9/2016 - I got a hold of Wells Fargo and asked what I could do to bring the loan out of foreclosure. I was told that I would have to agree to pay the full amount owed within 30 days BEFORE they could tell me what that amount was. So I told them to put the request through and tell me the amount. They said I had to pay off just shy of $4,000 within 30 days to get out of foreclosure... They asked me if my address was (uncle's address). I said, "No, it's not. It never was. It never will be. Can you tell me how on earth you got that address associated with me or my loan?!"... The guy replied, "No, I don't know. That is what we have in our system and no one could make that change except for who is on the loan." (that would've just been myself or my deceased grandfather - neither of which made that change, obviously).
3/7/2016 - I got the only help that I could - free legal aid. My attorney took over from there on out. She told me to save up what I could and that she would stretch out the process for as long as possible...
6/2016 - Received a packet from my attorney to fill out pertaining to assistance, loan modification, etc...
7/22/2016 - Finally got the packet filled out & sent in with all of the documentation required (it took me awhile due to the fact of being homebound and everything required me printing documents without a printer or going to pick them at at that place - proof of SSI, etc.)
7/29/2016 - Decree of Foreclosure Judgment Entry.
8/2/2016 - Served papers about Judgment of Foreclosure.
8/10/2016 - Praecipe for Order of Sale filed.
9/14/2016 - Order of Sale Issued to Sheriff.
So, that's where I'm at right now. I think it's also important to note that I have an FHA loan and was NEVER offered mediation. So basically with all of this, what I am wondering is... What can I expect from here on out? I know the sheriff has to get 3 appraisers and has to run the ad for sale for 3 consecutive weeks. I'm just foggy on the process and timeline from "Order of Sale Issued to Sheriff" to "You're Evicted - Get Out!" ... What's going to happen? How long do I have? Do I have any options?
I feel like this case is so blatantly illegal and yet I'm completely helpless to prove that.
Hi everyone. I could really use some guidance. I am nearing the end of the process and completely freaking out... I should probably start at the beginning...
I have lived in my home(mortgage through Wells Fargo) since July 2011. My grandfather co-signed the loan as a qualifying co-signer since I was $200 short of the qualifying income (I am on SSI for permanent disability) & my boyfriend's credit was too bad to qualify as co-signer. All was fine with payments and the mortgage standing for years...
Without going into a whole huge story just to get to the present situation, in 2014 my home went into foreclosure since I did not qualify for anything - assistance programs, forbearance, hardship, loan modification, etc. etc. etc. - because they factored in my grandfather's income despite him just being a qualifying cosigner (he also refused to sign the paper confirming so), which put me over the "qualifying income".
Once the foreclosure filing was served, the past due amount was promptly paid off (by my grandfather who refused to help prevent all of that with a signature) and the loan was reinstated around the end of October 2014... My grandfather, sadly, passed away a little over a month later from pneumonia.
From 11/2014 through 10/2015 all was well with payments and the loan.... The end of 2015 comes along and my boyfriend lost his job, we lost our assistance for utilities, and our hot water tank broke all within the span of a month. Again, I called Wells Fargo to see what my options were for temporary hardship. Again, I didn't qualify for anything because of my grandfather being a cosigner even though he was no longer living. So, we missed some payments...
10/2015 - missed 1st payment (no notice - phone or mail - from Wells Fargo about payments/default/etc.)
11/2015 - missed 2nd payment (still no notice)
This is where it all gets sketchy...
12/9/2015 - My mother came over for a visit and brought 2 envelopes that had been opened, addressed to my name... AT MY ESTRANGED UNCLE'S ADDRESS!! (this man hasn't spoke to or seen me in 8+ years)... One was postmarked in SEPTEMBER and the other was postmarked NOVEMBER and both were sent by Wells Fargo.
My mom said, "Your Uncle got these in the mail awhile back and he just dropped them off to me and said that the check was addressed to you so he couldn't cash it and didn't know what to do with any of it so he wanted me to drop them off to you." ..... (Are you freaking kidding me?!?!)....
The letter postmarked for September stated that they couldn't apply my payment and there was a check included for my refunded September 2015 payment.... For one, I paid online through my bank as I always do and I've had a return payment that was deposited back in my bank where it came from, not mailed in check form.
For two, I have no idea where they got me living at my uncle's address out of the blue. Third, there was no explanation as to why they wouldn't accept the payment. It was a full payment. And at that time, I was current... So, I looked at the second letter postmarked in November and it was a Notice of Default!! Keep in mind, 1) both of these letters had been addressed to MY NAME at an address that was NEVER associated with the loan in any way, 2) my uncle opened both of these letters & kept them for 3 months.
12/10/2015 - I paid the full amount that was owed through my account on the Wells Fargo site via my checking account (plus interest, fees, etc.) ...I set the check for my returned payment aside until I could get down to my bank later in the month and I went about my holiday prep/plans thinking all was fine..
12/30/2015 - Had my boyfriend deposit the check in my account for me (I'm homebound in a wheelchair). Later that day, I checked my bank statement that had been mailed & find that on 12/12/2015 my payment that paid off my balance owed was returned to my checking account!!
At this point in time, I did not have access to a phone to call Wells Fargo to figure out what the heck was going on. So I figured I would get papers in the mail soon from either them or the courts. I couldn't really do anything else, so my only option was to wait... and wait... and wait...
2/8/2016 - I was served with foreclosure papers.... They had filed for foreclosure on 12/23/2015... 13 days after I had made a full payment that brought the loan current!!!.... I was not served until almost 2 months later!!!!....
2/9/2016 - I got a hold of Wells Fargo and asked what I could do to bring the loan out of foreclosure. I was told that I would have to agree to pay the full amount owed within 30 days BEFORE they could tell me what that amount was. So I told them to put the request through and tell me the amount. They said I had to pay off just shy of $4,000 within 30 days to get out of foreclosure... They asked me if my address was (uncle's address). I said, "No, it's not. It never was. It never will be. Can you tell me how on earth you got that address associated with me or my loan?!"... The guy replied, "No, I don't know. That is what we have in our system and no one could make that change except for who is on the loan." (that would've just been myself or my deceased grandfather - neither of which made that change, obviously).
3/7/2016 - I got the only help that I could - free legal aid. My attorney took over from there on out. She told me to save up what I could and that she would stretch out the process for as long as possible...
6/2016 - Received a packet from my attorney to fill out pertaining to assistance, loan modification, etc...
7/22/2016 - Finally got the packet filled out & sent in with all of the documentation required (it took me awhile due to the fact of being homebound and everything required me printing documents without a printer or going to pick them at at that place - proof of SSI, etc.)
7/29/2016 - Decree of Foreclosure Judgment Entry.
8/2/2016 - Served papers about Judgment of Foreclosure.
8/10/2016 - Praecipe for Order of Sale filed.
9/14/2016 - Order of Sale Issued to Sheriff.
So, that's where I'm at right now. I think it's also important to note that I have an FHA loan and was NEVER offered mediation. So basically with all of this, what I am wondering is... What can I expect from here on out? I know the sheriff has to get 3 appraisers and has to run the ad for sale for 3 consecutive weeks. I'm just foggy on the process and timeline from "Order of Sale Issued to Sheriff" to "You're Evicted - Get Out!" ... What's going to happen? How long do I have? Do I have any options?
I feel like this case is so blatantly illegal and yet I'm completely helpless to prove that.
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