In foreclosure, have funds for past due payments & late fees, but not attorney fees

[sjhm1234]

In foreclosure, have funds for past due payments & late fees, but not attorney fees

What is the name of your state (only U.S. law)? IL

I've been in active foreclosure since 7-6-12. I tried to avoid this by contacting Wells Fargo to see what my options where, but May thru Jun they kept insisting only my home preservation specialist can assist me. I left her 3-4 voice mails stating I don't want to loose my home and want to know what options were available to me, but she did not respond to any message. Ironically, after I complained to her supervisor about the non-responsiveness, low and behold she suddenly has time to call me and say I can do a loan modification.....this after the home is already in foreclosure to the tune of an additional 3.3K in attorney fees

Mid May I initiated a 401K withdrawal to pay everything because I was worried about not hearing back from Wells Fargo, but there was a problem and the money did not arrive until yesterday. Now I have the money for all past due payments & late fees, but this was being processed before I knew they put it into active foreclosure, so now it's too lake to get 3.3K for attorney fees.

Frankly, I don't think the attorney fees are fair considering the number of times I reached out for help. Considering all these circumstance, what option would be best for me at this point? BTW, this is a FHA loan, and I am waiting for the FHA National Servicing Center to call me (they prepared a ticket & I'm supposed to wait for a call). My biggest gripe is these attorney fees. I feel they should be waived or reduced considering that home home preservation specialist could have helped me with this back in May when I called.

I think this is an unfair foreclosure, but I don't know the law of course. Do I have a good defense? If the home preservation specialist had returned my call in May I would have known what my options were to prevent foreclosure - - I needed that assistance and I did not get it leaving my hands tied on what I could do. Even if I knew what I could do, say a loan mod for instance, I kept being told my loan preservation specialist was the only one that could do anything for me.

Some other steps I've taken in this regard is to file a complaint with the IL Attorney General and with the OCC, however, I'm not sure they will do with the case. Do they do anything with a case like this?

Any input is appreciated at this point. Thank you,

 

[FarmerJ]

Ok if you can fix most of it , then maybe one thing to consider is speaking with a BK attorney about filing chapter 13 full re payment of that final balance , You can speak to the BK attorney to learn what kind of damage it may or may not do , not sure but 13 with full repayment might be the only thing that puts a end to this with you remaining in your home.

 

[HUD-1]

If they hired an attorney and he/she did work starting a foreclosure action, then they will be owed some fees. You can certainly ask if they will lower them, or waive them, the worst they can say is no. They can roll those costs into principal as part of a modification. You may want to speak with a HUD-approved housing counselor. The service is free and they may have some contacts at Wells Fargo and may be able to represent your case to the lender. http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=IL

 

[sjhm1234]

Still have questions

What is the name of your state (only U.S. law)? IL

I've been in active foreclosure since 7-6-12. I tried to avoid this by contacting Wells Fargo to see what my options where, but May thru Jun they kept insisting only my home preservation specialist can assist me. I left her 3-4 voice mails stating I don't want to loose my home and want to know what options were available to me, but she did not respond to any message. Ironically, after I complained to her supervisor about the non-responsiveness, low and behold she suddenly has time to call me and say I can do a loan modification.....this after the home is already in foreclosure to the tune of an additional 3.3K in attorney fees

Mid May I initiated a 401K withdrawal to pay everything because I was worried about not hearing back from Wells Fargo, but there was a problem and the money did not arrive until yesterday. Now I have the money for all past due payments & late fees, but this was being processed before I knew they put it into active foreclosure, so now it's too lake to get 3.3K for attorney fees.

Frankly, I don't think the attorney fees are fair considering the number of times I reached out for help. Considering all these circumstance, what option would be best for me at this point? BTW, this is a FHA loan, and I am waiting for the FHA National Servicing Center to call me (they prepared a ticket & I'm supposed to wait for a call). My biggest gripe is these attorney fees. I feel they should be waived or reduced considering that home home preservation specialist could have helped me with this back in May when I called.

I think this is an unfair foreclosure, but I don't know the law of course. Do I have a good defense? If the home preservation specialist had returned my call in May I would have known what my options were to prevent foreclosure - - I needed that assistance and I did not get it leaving my hands tied on what I could do. Even if I knew what I could do, say a loan mod for instance, I kept being told my loan preservation specialist was the only one that could do anything for me.

Some other steps I've taken in this regard is to file a complaint with the IL Attorney General and with the OCC, however, I'm not sure they will do with the case. Do they do anything with a case like this?

Any input is appreciated at this point. Thank you,

So, I'm still wondering what to do about this as I envision more and more attorney fees being tacked on the longer I don't do anything. I could pay in full today, but that would mean I skip my car payment, some utilities, borrow gas money for work, and we don't eat for the next two weeks - literally.

I'm so unfamiliar with how a foreclosure works - Would I have any luck negotiating with the attorney at this point since I am so close, or will they tell me it's all or nothing? I could give them what I have today, which would pay 90% of what is owed and see if they would be willing to accept rest in two payments payable on the 15th of this month and the 1st of next month Such a payment arrangement would pay all past due mortgage payments and late fees, leaving only the attorney fees to be paid within a 30 day period. If they say no - would they consider 90% today, the remaining balance paid in full on the 15th of this month, and hold off on doing anything further until after the 15th to make sure I pay? Or.....am I just dreaming??

Please - if you are familiar with how attorneys work in this area I really need to know - I need to make a decision soon on how to proceed.

BTW - Wells Fargo is in the process of seeing what option are available to me, but we can't proceed with everything until I get a quit claim deed from my ex (a whole other post as he agreed to sign in but now lives in another state). I'm just not sure if it's wise to play a waiting game at this point since it will mean more and more attorney fees.