• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question about forclosure proceedures.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

Lunar

Guest
What is the name of your state? VA

I am behind in my payments to the bank on my mortgage. I unexpectedly lost my income. I had applied for disability and had made arrangements through the loan holder and the bank (wachovia) to make 1/4 payments until july. In aug they sold my mortgage (to chase manhattan). I spoke to them and told them I was waiting on my application at a credit counseling service to be approved in order to pay all the back payments due. They asked me to send them some info.. which I did. I spoke to them several times the last time on the 19th of aug. I let them know I had faxed them the requested info. I then called back a few days later to check on things and was told I had to talk to the lawyer it had been turned over to?? It was turned over on the 13th of aug. No one told me when I talked to them on the 19th. Now I had approval for the credit counseling service here to pay all my back payments. Now that it has went to a lawyer they wont pay until the lawyer fees are paid (they wont pay lawyers fees). That is 800.00 which I dont have. I was told by the credit counseling people that they were supposed to stop all proceeding once I started talking to them. Chase Manhattan says no..they dont have to stop. And once its in the lawyers hands they cant waive the fees.

I was wondering if there was any recource for me in this situation. If it goes beyond the 30th more lawyers fees will be attached. Is it true or not that they were supposed to stop proceedings when I started talking to the credit counselors?? thanks any help will be appreciated.
 


HUD-1

Member
I have never heard of a lender postponing foreclosure proceedings when a client begins talking with a credit counselor. The lenders are on tight timeframes to foreclose and they must refer cases to attorneys to meet these deadlines. The problem is, once the case is referred, the attorney wants a fee for title work etc. This is a fee that a lender cannot waive as they have an invoice and must pay the attorney.
 
L

Lunar

Guest
Thanks .. just had the money to pay all back payments and now Im going to loose my home because they couldnt wait a couple of days :(. and 800.00 is ridiculous for a fee that they havent done anything much on yet.. they just got it. :mad:
 
Last edited:

HomeGuru

Senior Member
Chase is correct. The only way to stop a lender from continuing foreclosure action is either paying the total amount demanded for or by filing BK. In BK, there is an automatic stay but once it is lifted, the lender can and will move forward.
 

avecmoi104

Junior Member
HomeGuru said:
Chase is correct. The only way to stop a lender from continuing foreclosure action is either paying the total amount demanded for or by filing BK. In BK, there is an automatic stay but once it is lifted, the lender can and will move forward.
There is a third option depending on how far along the Foreclosure is, should be more than 30 days before the sale. I know this because I just went through the same thing with Chase Mortagage and I was successful. Contact their Loss Mitigation Department aka Homeowner's Assistance Dept. and asked about having the loan refunded.1-800 446-8939. The will review your loan and determine if they want to work with to make the account current. THis could be from putting you on a payment plan to giving you a new loan. Good luck!
 
L

Lunar

Guest
Thanks I will definately try that. Just makes me so upset :mad: I had the money to pay them all back payments but they couldnt wait 2 days :(.. they lost out and so did I because of that. Guess its true big business has no heart.:(
 

HomeGuru

Senior Member
Lunar said:
Thanks I will definately try that. Just makes me so upset :mad: I had the money to pay them all back payments but they couldnt wait 2 days :(.. they lost out and so did I because of that. Guess its true big business has no heart.:(

**A: and many times no brain.
 
L

Lunar

Guest
I cant beleive it!!! get this.. the agency I am working with here to get my mortgage reinstated has been trying to call the lawyer for days. She finally gets a hold of them to find out the total due and they wont talk to her without my permission. (eventhough I gave permission to the mortgage holder)

So I have to go down there and sit while she calls them back to give permission. No, cant do it over the phone they have to have it in writing. So she types out a paper for me to sign giving her permission to discuss my case and faxes it to them. Ok then she asks them, "what is the final amount needed to reinstate her loan?"

We dont know. Is the answer???? :eek: WTF :mad: we wont know until monday or tuesday of next week. :confused: Just trying to get another week of fees out of me the sorry so and so's.. :mad: :mad: :mad: I am soooooo mad about it. They are streatching it out as much as they can.

In the meantime the agency helping me is getting frustrated too and threatening to pull out. :( And then I loose my home. Can I scream now or later...............................
 
L

Lunar

Guest
I finally called the mortgage co. today. They called the lawyers office and got the amount .. no problem. The lady at the lawyers office said she had never spoken to anyone there?? I was in the office with her when she spoke to her. :eek: :(
They faxed it to the credit counseling agency I am working with.

In the mean time they have added another 400.00 in lawyer fees to my bill. Now totaling over 1,000.00 (a third of what I owe the mortgage co) :mad: That is not right.. they were just trying to streatch things out to get more fees. The mortgage people said.. she works for us we have to beleive what she says.. why would a non profit group who is trying to get this paid lie about that?

A person is in dire straits and cant pay their bills so lets streatch this out and get all we can. :( thats just not right. But what can you do?
 
L

Lunar

Guest
Yesterday I got a letter from the lawyers telling me that the notice will be in the paper on Sept 15 , 16. and the sale of my home will be on oct 3. I thought they had to give you at least 30 days notice???
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top