What is the name of your state? This happened in New Jeresy, but I currently live in another state.
In 2017, an unjustified foreclosure action was taken by a company called Bayview against us, and as a result, our only property located in New Jeresy was foreclosed.
The action of foreclosure taken by Bayview was completed without warranting any notification or warnings from Bayview prior to foreclosure. Bayview had our mailing address in another state on file and was consistently mailing our mortgage bills to this address. However, Bayview, failed to send us any letters to notify us of its intent to foreclose our property. Therefore, we had no knowledge of Bayview’s intent to foreclose. In fact, we were surprised by a call from a friend who lived close by the house informing us that new residents were occupying OUR HOME (that was only a few days after the forclosure happened in 2017), it was too late to do anything.
State law clearly States the following
“requires that all residential mortgage lenders give residential mortgage debtors at least 30 days prior notice before commencing any foreclosure or other legal action to take possession of property (the “Notice of Intention to Foreclose”). The Notice of Intention to Foreclose must be sent by regular and certified mail and cannot be sent more than 180 days before the commencement of such action. The Notice must contain all the information set forth in NJSA 2A:50-56 et seq.”
Despite the clear state law, we never received any regular or certified mail from Bayview to communicate it’s intent to foreclose our house. As a result, the foreclosure process was unjustified and invalid.
The unjustified foreclosure action by Bayview resulted in the following losses and damages:
• Loss of our only property.
• Took our chance of being a first-time house buyer; this means we will not be able to claim privileges given to first-time house buyers for our next house purchase. Furthermore, we would have to pay Mortgage insurance causing long-term financial loss.
• This damaged our credit report, which ultimately led to two issues; 1)slim chances of being approved by a lender to buy a house, and 2) If we were to be approved by a lender, the APR would substantially be higher than it would have been if we didn’t have a foreclosure on my credit report causing extreme long-term financial loss.
• Most importantly, we lost the memories we had shared as a family in this house, causing extreme anguish and pain for my family.
I tried to reach out to Bayview for a settlement, but they said that Bayview was purchased by Mr. Cooper in 2019 and they are not responsible for what Bayview did.
I'm heartbroken, I don't know what to do and what type of an attorney I should reach out to. I'm already 50 years old, my husband is 60, we have three grownup kids and we are still renting a house because we can't afford to buy a house after what happened. Please help me with ideas! Thanks!
In 2017, an unjustified foreclosure action was taken by a company called Bayview against us, and as a result, our only property located in New Jeresy was foreclosed.
The action of foreclosure taken by Bayview was completed without warranting any notification or warnings from Bayview prior to foreclosure. Bayview had our mailing address in another state on file and was consistently mailing our mortgage bills to this address. However, Bayview, failed to send us any letters to notify us of its intent to foreclose our property. Therefore, we had no knowledge of Bayview’s intent to foreclose. In fact, we were surprised by a call from a friend who lived close by the house informing us that new residents were occupying OUR HOME (that was only a few days after the forclosure happened in 2017), it was too late to do anything.
State law clearly States the following
“requires that all residential mortgage lenders give residential mortgage debtors at least 30 days prior notice before commencing any foreclosure or other legal action to take possession of property (the “Notice of Intention to Foreclose”). The Notice of Intention to Foreclose must be sent by regular and certified mail and cannot be sent more than 180 days before the commencement of such action. The Notice must contain all the information set forth in NJSA 2A:50-56 et seq.”
Despite the clear state law, we never received any regular or certified mail from Bayview to communicate it’s intent to foreclose our house. As a result, the foreclosure process was unjustified and invalid.
The unjustified foreclosure action by Bayview resulted in the following losses and damages:
• Loss of our only property.
• Took our chance of being a first-time house buyer; this means we will not be able to claim privileges given to first-time house buyers for our next house purchase. Furthermore, we would have to pay Mortgage insurance causing long-term financial loss.
• This damaged our credit report, which ultimately led to two issues; 1)slim chances of being approved by a lender to buy a house, and 2) If we were to be approved by a lender, the APR would substantially be higher than it would have been if we didn’t have a foreclosure on my credit report causing extreme long-term financial loss.
• Most importantly, we lost the memories we had shared as a family in this house, causing extreme anguish and pain for my family.
I tried to reach out to Bayview for a settlement, but they said that Bayview was purchased by Mr. Cooper in 2019 and they are not responsible for what Bayview did.
I'm heartbroken, I don't know what to do and what type of an attorney I should reach out to. I'm already 50 years old, my husband is 60, we have three grownup kids and we are still renting a house because we can't afford to buy a house after what happened. Please help me with ideas! Thanks!
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