Tankerwife
Member
What is the name of your state?What is the name of your state? Kentucky
Long story short, we have a singlewide mobile home on less than five acres of land we have a first mortgage on.
We combined two loans to get the first mortgage Oct 1999.
First loan was for the mobile home the Second loan was for the land.
In order to close, we were required to remove the tongue from the M.H. in order for it to be considered real property.
We moved in July 2000, with an offer for a short sale.
The loan servicer at that time lost the paperwork for the short sale twice and ended up costing us our buyer. Because my husband was now deployed overseas and I was in a very high risk pregnancy we did not want to fight about the short sale. We just figured they would foreclose.
Fast forward 4 years laster. We are still trying to get them to foreclose so we can go on with our lives.
We have been in constant contact with the Foreclosure atty. One of the reasons they have not been able to F/C is because of title issues.
I did some research(former researcher for a large mortgage servicer)and found that the original title was never released and the title is being held in Indiana, where the mobile home use to reside before it was moved to Kentucky. So I brought this to the attention of the atty.
He gets the investor to approve a DIL with no judgement for the deficiency balance if we sign over the title.
Problem is we never knew about the title so a duplicate has to be reissued.
General Warranty Deed, Estoppel Affadavits were signed and sent back to the atty to process the completed DIL.
Three months later its still not done. During this time we received a letter telling us we were in default and they intended to acclerate the mortgage. I called the F/C and he told us to ignore it. It was just a form letter. Ok whatever.
He is still having a hard time figuring out how to get the new title. So I do some more research get the correct info and give it to him. We happen to be in the state of Indiana and request the atty overnight the paperwork to me. Paperwork was never rcvd until after we left the state.
Today we rcve a summons from a different atty for the Investor/Mortgage Company and we have 20 days to respond before a default judgement will be issued.
We signed the papers again today and had them notarized and Fedex'd to the old atty.
How should we proceed with the summons?
Should I respond to the summons with what doc's I do have?
Shoudl I file a motion to dismiss to buy us some time? And can I do this on my own with out consulting and atty?
Where can I get examples or information on how to write this dismissal?
Any other help would be apprecisted. Sorry for the long post.
Long story short, we have a singlewide mobile home on less than five acres of land we have a first mortgage on.
We combined two loans to get the first mortgage Oct 1999.
First loan was for the mobile home the Second loan was for the land.
In order to close, we were required to remove the tongue from the M.H. in order for it to be considered real property.
We moved in July 2000, with an offer for a short sale.
The loan servicer at that time lost the paperwork for the short sale twice and ended up costing us our buyer. Because my husband was now deployed overseas and I was in a very high risk pregnancy we did not want to fight about the short sale. We just figured they would foreclose.
Fast forward 4 years laster. We are still trying to get them to foreclose so we can go on with our lives.
We have been in constant contact with the Foreclosure atty. One of the reasons they have not been able to F/C is because of title issues.
I did some research(former researcher for a large mortgage servicer)and found that the original title was never released and the title is being held in Indiana, where the mobile home use to reside before it was moved to Kentucky. So I brought this to the attention of the atty.
He gets the investor to approve a DIL with no judgement for the deficiency balance if we sign over the title.
Problem is we never knew about the title so a duplicate has to be reissued.
General Warranty Deed, Estoppel Affadavits were signed and sent back to the atty to process the completed DIL.
Three months later its still not done. During this time we received a letter telling us we were in default and they intended to acclerate the mortgage. I called the F/C and he told us to ignore it. It was just a form letter. Ok whatever.
He is still having a hard time figuring out how to get the new title. So I do some more research get the correct info and give it to him. We happen to be in the state of Indiana and request the atty overnight the paperwork to me. Paperwork was never rcvd until after we left the state.
Today we rcve a summons from a different atty for the Investor/Mortgage Company and we have 20 days to respond before a default judgement will be issued.
We signed the papers again today and had them notarized and Fedex'd to the old atty.
How should we proceed with the summons?
Should I respond to the summons with what doc's I do have?
Shoudl I file a motion to dismiss to buy us some time? And can I do this on my own with out consulting and atty?
Where can I get examples or information on how to write this dismissal?
Any other help would be apprecisted. Sorry for the long post.