Served foreclosure papers

[jlm1]

What is the name of your state? Pennsylvania

Hi,

I received foreclosure papers yesterday for a property that I own that is less than 1 month past due. The foreclosure papers are talking about information from 2002. In late 2002 I was behind on payments and in the early part of 2003 they did start the forclosure process. In June of 2003 I brought my mortgage completely current including legal fees and the mortgage has been on time every month since then except for last month because my renter paid late. I was taken out of the forclosure process in June. I spoke to the bank yesterday and the guy said they are just picking back up where they left off in June. This cannot be right. I was taken out of foreclosur 5 months ago and have made all payments on time. The mortgage is current, they received last months payment 2 days ago. From reading my state laws they should have to start the process over again when I am 30 days (which I am not). I am just confused and feel that this is wrong and would like to know if I have any rights with this. Sorry for the long post.

Thank you,

Jim

 

[hexeliebe]

I know you probably don't want to hear this but I'm going to tell you anyway. Take all of your paperwork from the bank, the previous foreclosure process, the current process and any other correspondence and records to a local real estate attorney and ask him/her to look it over then write a nice letter to the foreclosure authority.

This should get things stopped.

I know it will cost a few hundred dollars but Real Estate law is not something you should be doing alone.

 

[HomeGuru]

In addition writer, please do some research on the terms (your case is dismissed) 1) with prejudice and 2) without prejudice,

 

[jlm1]

Thank you you for the replies. Just to clarify I am not trying to do this alone. I just wanted to find out if I had a reason to consult an attorney. I also do not have much in the way of paperwork except for the current foreclosure papers I just received. They did not send out any other letters or warning this time. (Which they could not of because the mortgage is current). When this originally happened earlier in the year, they did not send information to me either. I had that battle with them at that time. It just seems like the people in their legal dept. are not very good. HomeGuru, could you expand on what you are trying to say. This might be a dumb statement, but I am not sure what you are trying to say. Once again, thank you both.

Jim

 

[HomeGuru]

What was the court adjudication of your initial 2002 foreclosure case?

 

[jlm1]

HomeGuru,

I am not really sure. The foreclosure process was actually never completed because I made it current. The first time I was never actually served with Forclosure papers. Can they keep the foreclosure process open for a year after the mortgage is current and on time?

Thanks,

Jim

 

[jlm1]

Just as an update. I just talked to the bank again this morning. Basically what it comes down to is someone at this bank screwed up, but they will not admit to exactly how they screwed up. I am having them send me documentation that I am not in foreclosure and should not of been at this time. I just wish there was something I could do to this bank. They should not be able to do what they did.

Thanks,

Jim

 

[HomeGuru]

Ok. get it in writing and file it.