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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86626
Experience:  Fully licensed attorney in Texas in private practice.
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Good Afternoon, My mother law was served June 11, 2012 in

Customer Question

Good Afternoon,
My mother law was served June 11, 2012 in Lake Wylie SC Summons and Notice of
Real Estate Mortgage. Certificate of Exemption Withdraw from Arbitration and Mediation.
Lis Pendens and Complaint , Notice Of Right To Foreclose interventions.

At that time on August 9, 2012 she sent in her Foreclose Intervention Response Form and never heard back from the attorney.( They Never Would Respond to Her)

May 7, 2013 a letter from attorney that a final hearing was being held and she did not go. ( The attorney said that they could not speak to her). The loan was in her husband name now the information comes in as the estate of her Husband.

June 11, 2013 a letter was sent to mother in law of notice of sale July 1, 2013.

My question is that she has a 2 year renter in the house. Can the Fore Closer be
appealed, stopped, slowed down. is there anything that can be done?

She has been in and out of hospital for 2 years and we were not getting her mail another family member was receiving the mail. Now we have a big problem.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your mother's situation. Can you please tell me whether or not she ever filed an answer to the foreclosure matter?

Please understand that the Foreclose Intervention Response Form does not count as an answer.

Now it sounds like there was already a judgment, but I a guess I am attempting to see whether or not it may be paused while she file for a new hearing.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

No, She did not there was not an answer and counter claim from what we are reading today.

Customer: replied 1 year ago.


Did my reply come through?

Expert:  Ely replied 1 year ago.
Ken,

It did - I am typing out an answer now and it is taking a second as I want to hit every nuance; apologies in advance for the momentary wait.
Expert:  Ely replied 1 year ago.
Thank you, K.

1) The fact that she has a renter inside the home in itself does not stop the foreclosure in any way. What happens is if the lender forecloses, then they take over the landlord duties of the home, and as such, deal with the tenant then and there.

2) The Foreclose Intervention Response Form is a mediation technique requesting the lender to enter a meaningful discussion about possible settlement options ( loan modification, short sale, deed in lieu of foreclosure, etc). However, the lender is not mandated to consider these options. Also, the Foreclose Intervention Response Form does not serve as an ANSWER. It sounds like she failed to file an answer, and then failed to show up to the hearing.

3) As such, what someone in her situation may wish to do is the following:

a) File a Motion for New Trial, claiming that she could not file an Answer in time due to her illness and being in and out of the hospital and for the same reason, why she could not show up to the hearing(s). Hopefully, the Court will agree and re-open the case, at which time she can file an answer with a general denial and stall foreclosure;

b) While the motion for new trial is pending to be heard, a Motion to Stay may need to be filed which asks the Court 'pause' the foreclosure execution until the motion for new trial is heard, because you do not want them to continue on while the motion is pending;

c) If she has not done already - and assuming she can re-open the case - she may with to see this website:

www.makinghomeaffordable.gov

...and click under EXPLORE PROGRAMS to see what kind of relief sge can possibly qualify for. This aggregates all different types of possible programs that she can utilize. This may be useful.

An attorney is strongly recommended. May I recommend the SC Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

If finances are an issue, let me know if you need leads for pro bono / low cost programs in SC for representation.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86626
Experience: Fully licensed attorney in Texas in private practice.
Ely and 4 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks,
Looks like an Attorney MIGHT will help her. Not sure if it can move that fast the date she got today on fore closer is July 1, 2013.


Not sure how much money they will want to be able to keep the house. I will have her go the affordablehome site.


 


Thanks I am taking that you are finished with your response?

Expert:  Ely replied 1 year ago.
Ken,

Thanks I am taking that you are finished with your response?

I am, unless you wish to ask me anything else and if so, I would be happy to reply.

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