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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22594
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Made loan modifications trial payments faithfully. Decision

Resolved Question:

Made loan modifications trial payments faithfully. Decision made on April 18, 2013 per online status. Talks to Loan Manager at least twice a week. She deceived me. Still in modification but she tells me April 24,th I am being referred to forclosure process. Also on that date she sent per my email and fax Reinstatement figures. I mailed Reinstatement payment per Western Union Quick Collect on April26, 2013. Bank received it that day at 1;57pm per Western Union, customer service and forclosure dept. Was told by Loan Manager reinstating my loan would take me out of forclosure. I DID NOT KNOW I WAS IN FORCLOSURE!! I WAS IN LOAN MODIFICATION. April 27th today received letter from bank dated 4/23/2013 that my property was REFERRED to foreclosure. April 27 today received letter from bank dated 4/24/13 stating "Time is running out to avoid foreclosure but it's not to late to apply for an alternative". April 27 today I received from bank letter dated 4/24/2013 REINSTATEMENT CALCULATION good thru 5/7/13. I PAID THIS 4/26/13. April 27 today I received a letter dated 4/25/13 from a law firm stating that are Mortgage Servicer for my bank, and that I may be eligible for certain programs that could avoid me foreclosure and bring my mortgage current. What is going on? I was deceived... am I in foreclosure? I paid reinstatement . HELP!!!!
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am sorry to hear that you are going through the same situation that a lot of homeowners are having to go through. When a borrower becomes delinquent on their mortgage there are typically two processes that start if the borrower applies for a loan mod. There is the loan mod process where the lender requires tons of paperwork, usually asks for the same thing over and over again, and you rarely get to talk to the same person twice. There is also the foreclosure process that will also parallel the loan modification process unless there is a specific written agreement from the bank that states that they will stay any foreclosure process. There are typically two completely different branches that handle foreclosures and loan mods. They may be in completely different locations and even different cities and don't typically communicate between the offices. So it is entirely possible that both branches aren't even aware of the other's actions.
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If the loan modification is denied or the loan is not reinstated, then there is nothing that would prevent the lender from continuing on with the foreclosure process.
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However, if you have paid the reinstatement amount, then the letters you have received have likely crossed the payment in the mail and were issued prior to you making the payment to reinstate the loan.
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So if you have paid the reinstatement amount, then I would opine that your loan has been reinstated and any foreclosure action would now be dropped.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

Loan manager did not and will not tell me if I was denied. Decided to reinstate becaused they transferred my loan to another server. So you are saying since I made reinstatement payment before last day to received that forclosure would be dropped??? I was not in foreclosure when loan mod. was started!!!

Expert:  Barrister replied 1 year ago.
That is the problem with the loan mod and foreclosure process. They are two completely different actions and as I mentioned, they proceed on different paths. Unfortunately, many homeowners find out that the foreclosure process is completed before any loan mod. I personally think that the lenders offer the home of a loan mod as a smokescreen so they can claim that they are trying to help while all the time they are intending on foreclosing.
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But if you have cured the default, then you have essentially beaten them at this point because if your loan is reinstated, then they don't have any legal grounds to foreclose.
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As for the loan mod, the only thing I can suggest is to stay on them and force them to give you a decision one way or the other.
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Thanks.

Barrister

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.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

Thank you. The bank said they received the Western Union payment that day, so I am safe since i made payment before 5/7/13? My loan being transferred May1, 2013. Hope they dont illegally foreclose on me. Sent in life savings. Can they foreclose on me anyway after reinstatement payment?

Expert:  Barrister replied 1 year ago.
so I am safe since i made payment before 5/7/13?
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If you paid the requested amount to reinstate the loan, then yes, I would opine that you are now safe from foreclosure.
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Can they foreclose on me anyway after reinstatement payment?
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Only if you default on the loan again.
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Thanks.

Barrister

.

.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Barrister, Attorney
Category: Legal
Satisfied Customers: 22594
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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