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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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we went to court on the 27 of this month and the judge put

Resolved Question:

we went to court on the 27 of this month and the judge put off for 30 to90 days i dont understand what is gping on also homecomings is who we have paid for 11 years and western finicial is foreclosing is this legal we never went to a notary but western finicial has a notorized doc we did the notary even wrote our names in where it says rik and teeri jordan appeared before me which is a lie
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am sorry for your situation. What exactly is your question?



Customer: replied 6 years ago.
my question is how is western fin foreclosing when we wrer with homecommings for 11 years and paying them is this legal and where is my 144000.00 i have paid
Expert:  Ely replied 6 years ago.
First of all, it is legal for the court to continue the matter for 30-90 days if it wishes; the court has full discretion in this matter.Have you missed ANY payment at all for your mortgage?
Customer: replied 6 years ago.
no but as of may this year they stopped accepting my payments and told me via phone now you rhusband is disabled and we are foreclosing
Expert:  Ely replied 6 years ago.
That is horrible, and I am sorry for your situation! They cannot simply foreclose because your husband is disabled. Have they begun the proceedings already? Do you have an attorney?
Customer: replied 6 years ago.
yes and we are so scared forgive my typing i am terrified we still try to pay but they keep sending back also we are or my attirney is trying to get them to work with us butthey are not geing helpful and we have had this home since 1980
Expert:  Ely replied 6 years ago.
I do not blame you for being scared. Unless you actually default on your payments, they CANNOT take your home away. So if they try to foreclose, you need to file in court to stop them with an injunction and you WILL be successful. I do not know why your attorney is not being communicative, but if you should seek another one, I can help you find someone qualified if you'd like. But the crux of the matter is that if THEY stopped accepting payment, THEY are in breach, not you, and you WILL be successful in court if you seek redress from the legal system. It is merely the point of doing so. They also breached a contract and arguably discriminated against your husband's handicap, both of which are actions that could be added to the suit.

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