Is it possible to get the house back after foreclosure
Submitted by grbarrdc2
from
- 10/07/2008 - 11:19am
I am trying to fight the Mortgage Company and pending eviction. Can I create a law suit on the basis of holder in due course. lis pendens, etc. in Illinois? I cannot seem to find an attorney that knows how to fight such a case in Chicago. The house went back to the mortgage company after not selling at auction and the Appeal date has passed. Any suggestions?
- Forums:
Comments
You can certain sue the lender, anyone can sue anyone. What you fail to say is why you have any legitimate case against then. There is certainly no magic legal trick that will fix this. And generally even if the lender did make some mistakes it is hard to overturn a foreclosure - especially after the appeal period. In the courts eye you've had your chance. If you want to post more info on what they did to make you think it should be overturned perhaps we can make a further suggestion.
I am in the exact situation as "Chicago", except I'm in California and believe I do have a case against the lender. Long story short; associate from lender, my "contact person" were speaking 3-4 times a week for about 2 1/2 - 3 weeks, verbally instructing me what I needed to provide (for the third time-this is the short version), name, date, loan # on all documents, exact documents needed, fax #, whose attention, what department etc. Gathered everything, sent to and as requested, followed up with a phone call to my "contact person" ensuring receipt of all that was requested. A little phone tag, My messages were detailed, "did you get my fax?" did you receive all of my documents?" "are you missing anything?' "what are you missing" "if you are missing anything and get my voicemail again when returning my call, please let me know what I need to provide for my financial package to be complete and get it to underwriting for loan modification (the 2nd time- remember this is short version). My contact's messages were less detailed, "Calling regarding your home loan modification, please call back", or "returning your call". When I left the message for him to let me know if I'm missing anything and to say what I am missing, he finally did use a few more words and said "YES you are missing some documentation". Now I know, because I work for a bank in their home retention department speaking with people about their documents needed to underwrite there "Loan Modification Request" we are told as a bank employee, leaving messages for homeowners needs to be free of any detailed information to protect their privacy. We are also told if we are given permission by the homeowner to leave such person information for them via voicemail we are allowed to do so. I gave my "contact person" that permission and all he said was "we are missing documents" in order to move to the next steps. For 3 days this phone tag game played on. Then he stopped returning my calls. Now I'm angry because I know time is of the essence here and now were into the 4th of July weekend which followed into that Monday being the observed holiday, So I called again leaving another message on the following Tuesday, no return call, Wednesday nothing. He was my "contact person" working with me on my financial package for a loan modification, but now he is no longer "contacting" me. So I called the regular customer service number to speak with anyone to get the status of all my paperwork I faxed a week and a half ago already and the customer service person says, Oh, well I have to refer you to our trustee attorneys here is there number. Why I ask, since I've spoken with them in the past to postpone previous sale dates (sticking w/ the short version) I knew something wasn't right. I asked her again why? You can tell how experienced the customer service person is in their first 2 sentences, being that I have been in the mortgage lending business for more than 20 years, and she was definately one that didn't know much and you could tell she knew something, but that her job was to refer me again to the trustee attorney. Fine she gave me the number and I called there. After being transfered to the appropriate team based on my property address information, the person looked up my information and said so nonchalant "Yes that property went to auction July 9th, but didn't sell so we returned the property to the lender" O.. kaaay... WHAT? Nobody said anything about having a sale date, I was just speaking with the Lenders "contact person less than a week ago and he never mentioned anything about a "sale date". She says hmm, yes you were notified on September someting 2009?? (I don't remember w/out looking it up). Umm thought it was to be posted on my door 22 days prior to auction. Well again with the long story short, the sale was put on hold while working on a Loan Modification as the government requested for anyone seeking to qualify for a mod. So what the heck, and its been soo ugly ever since. I requested a Recission in writing from the bank/lender, that department responded via voicemail letting me know they were doing their research and will get back to me as soon as they reached a decision. 2 more times I called still doing research, then finally received the letter in the mail denying me of the recission "due to a deficit of paperwork". etc etc.. Now I fighting for my house that I am no longer on title of and freaking out about the only options the eviction attorney is offering and why do I have to even be dealing with this because I fell through the cracks of someones pipeline?? I had fallen to the unemployment debacle of the mortgage business having worked in the industry my whole career and knew nothing else. I have lived here 13 years, I am a single mom, raising my 9 year old son here since he was born. I don't want to move. I don't have $30k-$40k to pay arrears let alone any to "buy back" my house. I did everything I was supposed to. I want them to put it back the way it was and approve my modification at the trial payments they set forth that I was paying and still able to pay because I have been working consistantly since August. Before then I was an Enumerator for the U.S. Census, which allowed me to make the trial payments. Do I Have Any Sort Of Case???
Hi Robin,
We hear this story often. In fact, I have friends that have been in this situation. We also have numerous people that contact us because we are showing an active sale date and the modification department has told them that they do not have a sale date pending.
Unfortunately, the lender is not under any obligation to approve a modification on a specific property. You can apply for a modification and they can collect the necessary paperwork but you must simultaneously have a hardship that qualifies you for the modification as well as enough verifiable income to prove that you can make the payments if the terms of the loan are modified. This leaves the approval entirely up to the lender (which may only be a servicer for a separate investor that will ultimately approve the terms of the modification). You can certainly reach out to a HUD approved housing counsellor at makinghomeaffordable.gov to review your paperwork or you can also hire an attorney. You have certainly done everything you can in terms of contacting the trustee and trying to have the sale rescinded. In the case of my friend she was unable to get the sale rescinded and ultimately moved out and moved on. You can read more about her story in a blog post that Sean wrote http://www.foreclosuretruth.com/?s=modification+denied.
is this blog still active
Obviously. :-)
i payed aemortgage group to help me with bof a and freddie mack while in mod and waiting for my papers to sign which freddie said they were being fedex to me and everything was they forclosed and i am being evicted i did everything they aked of me i need help
HI Karl,
Unfortunately having a modification application in process does not stop a foreclosure. There are definitely laws regarding the payment of advanced fees by a company helping you with a modification. It sounds like you may want to reach out to a free HUD approved counselor to see if the advanced fees that you paid were legal. You can find a free counselor by going to makinghomeaffordble.gov.
i did the keys for cash which only gave me 2 weeks and i have not been able to find a house to rent how can i get an extension
Hello,
i just want to start by saying that i feel Robins pain. my wife and i have seven children. we bought a home through nations bank abd shortly after they sold my loan to saxon mortgage. i dont mind who owns my loan and dont think it even matters lol. i have been a union plumber for over 15 years and the building trades got hit hard due to the recession. i was afraid of losing my home when the savings started run dry. i started looking for help (free help so i could continue to pay on the home as long as i could). i called the hope foundation and they talked with me for over an hour. we prepared a financial statement to submit to saxon. we then submitted it thru fax directly to their modifications department. i was told to give it 10 days and call saxon to verify that they received it and was reviewing it. and they said 10 days because it would take that long for it to be uploaded into their system. so, after 11 days (10 landed on a sunday) i called and they said they didnt have it, but that doesnt mean it wasnt received just means they may have received it just not completed uploading it. call back in 10 more days. this went on every 10 days for 4 months. now at 4 months i was unable to make my payment. this is the first payment i was ever even late on in the 5 years of having the home. anyways, after 4 months they said they still didnt receive it and that doesnt mean they didnt have it blah blah blah... i called the hope foundation to see if they knew what to do. i was able to speak with the same woman that helped me originally so she already had my file and knew my situation. she put me on hold and she called them, she came back to the phone and had saxon on 3-way calling so we could all talk. they told me that they did infact receive my packet but it was missing documentation and was waiting on the rest of the documentation. so i asked them why i wasnt informed of the need for addition documentation. his reply was simply, i dont know. well i asked him what he needed so that we could get this taken care of quickly because i didnt want to get any further behind than i have to. he said i would have to complete the packet he is going to send me and enclosed with the packet will be a checklist of additional documentation that will be needed. i agreed and we hung up. 3 weeks later i still hadnt received anything from them i called saxon to find out what was going on. they told me that they didnt know they was supposed to send me anything. again they agreed to send me the packet so i could get it filled out and sent back to them. the very next day i received a phone call from saxon and the gentleman had told me that i had not made a payment in a couple months and asked if i wanted to pay this to date over the phone with a credit card. i told him about the situation and he said he was sorry because he didnt know anything about it. well it was 3 more days before i finally received the packet. i completed the huge stack of papers which was mostly a new finacial packet. then i took the checklist and gathered all the documents it asked for and checked off each one and put the list in the envelope with everything else so they could see it was al in there. i mailed it back to them and waited. i didnt hear anything from them for a month so i called them. keep in mind i am now 3 month behind in my house payments. i asked of the packet and they said it shows it was received and it was being reviewed, give them about 2 weeks and they should be done and they would then contact me. well 2 and a half weeks past and no call from saxon. i called them yet again. only this time they didnt have my account on record. ok, now im really scared. so i got moved from person to person to person and so on untill it came a point when i was told to leave a message. so i left my message and decided to call back when i returned from picking up the older children from school. so i called back and started getting very upset and told them and everyone they transferred me to that i wanted to speak with a manager or someone in charge. finally after about an hour i was transferred to someone who said my account was transferred to a specialist and his number was ******* so i called him. there was no answer so i left a message and i received a return phone call in about 10 mins. well he said the packet was incomplete and needed more documentation. again i asked why they sat it to the side waiting on this documentation without letting me know and he said he didnt know. his solution was easy. he gave me his fax number and told me to fax this, this, and that to him. i agreed, gathered the document and ran to the ups store to fax it to him. i didnt make it back to my car and he had called me informing me that he got it. he would also call me if there was anything else he needed. there was no call the rest of the night. the next day no call either. the day after that he did call. said he needed this, this, and that...again i drove to the ups store. once again i got the call before i made it back to my car that he got it and that he would call if there was anything else he needed. well i didnt get a call from him and 2 weeks passed. i called him to see how things were going. no answer so i left a message. the next day i still hadnt received a phone call back so i tried again. i tried everyday for the next 2 weeks. finally i decieded to call and go through the transfer game till i got ahold of someone who could give me some answers. finally after about an hour and a half someone told me that the specialist was on vacation and there was no return date for him so he didnt know when to expect him back. i asked how my modification papers where coming and he said since the specialist was on vactaion, they wasnt being worked or reviewed and he would do it as soon as he returned from vacation. the very next day i had 5 enveloped in my mailbox informing me of the foreclosure and the house was to be sold at auction. the date on the papers was 10 days from the time i got those envelopes. i filed a bankruptcy to stop the sale and it took until the very last day for them to actually stop the sale. then my lawyer backed out of the bankruptcy. so i started over again while i had the chance with the modification papers...this time saxon played this game with me for 7 months and then sent me the same 5 envelopes but this time i had 14 days. i was told i couldnt file bankruptcy to stop the sale again and my only option was a short sale. so i contacted a company to get that done, even though i would rather lose all 4 of my limbs than to lose my families home. then saxon disapproved it and said there wasnt time. then i was contacted by a company that wanted to pay me to move out on behalf of saxon. then they contacted me 2 days before the sale date and told me saxon told them to remove the offer. so...i lost my home and now my seven children, my wife, and myself are homeless, living in my in-laws basement that is 18'x35'. because of missouri occupancy laws, there are no apartments large enough for my family. this was 6 months ago. now just today, saxon called my and left a message saying they would like to discuss my account. the home is still vacant and we are still in the basement. if anyone has any advise, i would love to hear from you. thank you
Hi James,
Call Saxon and see what they have in mind. Chances are whomever called you has no idea that the property has already gone to foreclosure. If not then maybe they are considering rescinding the sale. You won't know until you call them back but make sure you get their name and contact information. I am wondering if you just left the property or if you were evicted (or negotiated a cash for keys)? I would highly suggest consulting with an attorney. You may also want to draft a letter to the executive staff at Saxon about your experience (just as you have done here) and send a copy to all of your elected officials. Sometimes the political power play can yield some results.
we did not do the cash for keys, we had a court appearance where there lawyer wanted to reschedule to give us more time to move out. we told him that all of our belongings are out and was ready to hand over the keys and possession like they wanted. so he wrote up something to the effect of us moving out and turning over the property and he had us sign it, then took it to have the judge sign it and that was the last we have heard from them untill now. i still would do absolutely anything to get our home back. and i tried to call them back and left a message with the gentleman and he returned my phone call when i was at work and couldnt answer, lol phone tag. what exactly is "rescinding the sale?" thank you for your reply. i will draft a letter and do as you have suggested.
UNFORTUNATELY i LOSE MY HOUSE BECAUSE OF MY ATTORNEY'S NEGLIGIENCE. I HIRED THEM APRIL 11,2011. I TOLD THE PERSON INVOLVED THAT I HAVE A SALE DATE AND SHE TOLD ME NO PROBLEM THEY STILL TAKE ME WITH A PAYMENT OF $2500, EVERYTHING WAS PAID OFF. I DONE ALL THE PAPER WORKS THEY NEED. THE HERMAN LAW GROUP CONTACTED MY LENDER SELECT PORFOLIO FOR PROCEDURES TO STOP THE FORCLUSURE OF MY HOUSE. ON APRIL 28 AND JUNE 7 MY LAWYER CONTACTED SELECT PORFOLIO. MY LENDER MADE THEM AWARE THAT I HAVE A SALE DATE WHICH WAS JUNE 13.2011.JUNE 10, 2011 MY LAWYER CALLED ME THAT THEY'RE NOT AWARE OF THE SALE DATE OF MY HOUSE WHICH THEY'RE LYING BECAUSE THEY HAVE ENOUGH TIME TO STOP THE FORCLUSURE BUT THEY DON'T DO ANYTHING TO STOP IT! MY QUESTION IS CAN I GO AFTER THEM FOR THERE NEGLIGIENCE AND HOW LONG CAN I STAY IN THE HOUSE AFTER FORECLUSURE?CAN YOU PLEASE PROVIDE ME AN ATTORNEY THAT ACCEPT MY CASE OR DO HAVE A CASE TO FIGHT FOR MY RIGHTS.
UNFORTUNATELY i LOSE MY HOUSE BECAUSE OF MY ATTORNEY'S NEGLIGIENCE. I HIRED THEM APRIL 11,2011. I TOLD THE PERSON INVOLVED THAT I HAVE A SALE DATE AND SHE TOLD ME NO PROBLEM THEY STILL TAKE ME WITH A PAYMENT OF $2500, EVERYTHING WAS PAID OFF. I DONE ALL THE PAPER WORKS THEY NEED. THE HERMAN LAW GROUP CONTACTED MY LENDER SELECT PORFOLIO FOR PROCEDURES TO STOP THE FORCLUSURE OF MY HOUSE. ON APRIL 28 AND JUNE 7 MY LAWYER CONTACTED SELECT PORFOLIO. MY LENDER MADE THEM AWARE THAT I HAVE A SALE DATE WHICH WAS JUNE 13.2011.JUNE 10, 2011 MY LAWYER CALLED ME THAT THEY'RE NOT AWARE OF THE SALE DATE OF MY HOUSE WHICH THEY'RE LYING BECAUSE THEY HAVE ENOUGH TIME TO STOP THE FORCLUSURE BUT THEY DON'T DO ANYTHING TO STOP IT! MY QUESTION IS CAN I GO AFTER THEM FOR THERE NEGLIGIENCE AND HOW LONG CAN I STAY IN THE HOUSE AFTER FORECLUSURE?CAN YOU PLEASE PROVIDE ME AN ATTORNEY THAT ACCEPT MY CASE OR DO HAVE A CASE TO FIGHT FOR MY RIGHTS.
If you have a complaint about legal representation then you would need to contact the local BAR Association.
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your payments on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan.
www.mymembership.org
If the home was already sold, We can preform a reversal of the sale for $2500 and keep you in the home without making a payment for up to 2 years
Post new comment