Homeless.. - Page 6 - Big Big Forums

krisharry · 03-07-2003, 04:00 PM

Sorry you are having to deal with all of this. Maybe
since they didn't cash your check you can take that
money and rent a place before the foreclosure shows on
your credit. Best of luck.

christy461 · 03-07-2003, 04:17 PM

About their lawyer avoiding you- send them a certified letter - demanding a breakdown of costs. They are breaking the law if they don't tell you what you owe. This also happened to me and I couldn't afford an attorney, but I told them if they didn't follow legal procedures on foreclosure they would be speaking with my attorney. After that they were happy to deal with me.These people are assuming you know nothing about your legal rights.Keep calling them and talk to different people. A lot of the flunkys who answer their phones have no idea what is going on and you'll get a different story every time. Get the amount owed in writing from their attorney. There is a huge fee involved ( for them to pay) if they do not follow the law to the letter in a foreclosure case.
Don't worry about the foreclosure being listed in the paper - mine was too. It was embarassing, but they can do that legally. They can't sell your house or take it from you now - they're trying to scare you-
but they can list it (more attorney fees for you to pay)as a foreclosure.
It might be better to hurry up and sell it. The house is still yours, until the actual sale takes place. They will not take it when they list the foreclosure in the paper-it's just a legal notice, not a for sale listing. You can sell it. Look into a short sale( the bank agrees to take less money for the house if they get to approve the price offered). You are out from under the loan and the foreclosure, and it is considered paid in full by the bank and on your credit report. If it sells for more than what you owe, you keep the rest. If you can prove to them you have listed the house with a realtor, most will give you extra time to sell and will forestall the foreclosure. Deal directly with the lawyer- he will act as the go between for you and the bank. Get everything in writing, even though it will take days. You still have time. Even if the house is foreclosed on, you have time after the sale to buy it back.

scifiwoman · 03-07-2003, 04:54 PM

I can make the payments. I got behind for 2 months because Social services made a mistake and cut off my assistance. It took that long to get it back. Now that I do have it back I can make the payments. Any apt here will cost more than my mortgage does now, so I dont know how that will help me to have to pay out more each month than I do now?

It is not a foreclosure notice going in the paper it is a sale notice. They are putting it up for auction on the 21st of this month. Once it is sold, it is sold. There is no way to buy it back.

They are being unfair to me because they did not work with me before it was another agency that worked with me and helped me. They gave me no notice of the foreclosure. They gave me no time to make arrangements (2 weeks). And they refuse to talk to me about other alternatives like adding part of it to the end of my mortgage or refinancing my mortgage. Yes I think they are being unfair to me. They are streatching it out as far as they can so they can get more fees. This is not an over and over situation. The last time was with another bank entirely. They sold my mortgage to this bank. They sold all their mortgages. So this is the first time with this bank. fyi

But then again everyone has an opinion.

PrncsNYC · 03-07-2003, 05:00 PM

That makes me so angry to hear that it was a "mistake" on social services part. Things like this must happen all teh time and so many people must be getting screwed over every day. That part of it makes me think that the news might be of help..but god I have no idea. I just wish there were something I could do to help.

kybeauty · 03-07-2003, 05:26 PM

(((scifiwoman))...i am so sorry...it doesn't seem fair at all

schsa · 03-07-2003, 05:37 PM

Call your State Attorney General's office and find out if your mortgage company can do this without giving you any advance warning. Many mortgage companies are in big trouble for foreclosing after people have large or even modest equity in a home and they walk off with all of the money. Don't take this sitting down. See if there is any chance of putting this off.

christy461 · 03-07-2003, 05:58 PM

They have to give you notice of foreclosure. There are laws governing this. I myself filed foreclosure notices for a business, and in my state, if you do not follow correct procedure as stated by the law it is a $10,000 fine for a private individual. I know banks face even more stringent fees.
Your sate Attorney General is a good idea. Legally, you get first choice at buying your house back and in some states, yes, you can get it back even after the sale. Your Attorney General will know the specific laws for your state. A representative from the Attorney General's office can really get things done for you.