Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
I have a mortgage loan with United Bilt homes out of Springfield Missouri and a lot has happened in the last few months and I have fallen behind on my payments..approximately 3 and everyday I receive a text from the realtor asking me from when am I going to send in a payment...and I have been keeping him informed of whats preventing me from sending in a payment. I have even offered to send in whatever I could and he stated that he doubted that they accept a partial payment, then it went to send in whatever I could then it went to I need to move asap so he could do an home inspection etc... I had called and left a message with United Bilt and stated that all my income has changed drastically and that I would like to seeabout doing a loan modification... then shortly after that the realtor contacted me and stated that they do not do loan mods... I feel like he is pressuring and kinda harassing me especially due to the fact that he has been aware of my financial situation and now I have gotten to where I do not answer my phone anymore...my question is, is this really legal.. Response: It is definitely NOT LEGAL. The realtor does not have any legal right whatsoever to ask you to move out ASAP because he needs to do home inspection. Eventhough you are behind, you are still the legal owner of the house UNTIL the lender FORECLOSES and then files EVICTION ACTION IN COURT to remove you from the premises. So, do not bother with the realtor anymore, but do write him to let him know to stop contacting you with regard to the debt because you cannot pay and that his constant contact is now harassment and in violation of Fair Debt Collection Practices Act. Also, let him know that his action is unfair and deceptive for telling you to move out of your own home when the lender has not even foreclosed on the property and if he ignores your demand to stop contacting you that would not have any choice but to get a consumer Attorney to file lawsuit against him for unfair and deceptive act and practice and for violation of Fair debt Collection Practices Act and that you would also report him to the Attorney General's Office and Real Estate Commission.
Missouri Real Estate Commission:
Missouri Attorney General’s Office:
Click on the links below for sample cease and desist letter and Fair Debt Collection Practices Act: http://www.debt-n-credit-letters.com/Debt-Dispute/stop-calling-letter.html
"(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt."
I am really scared I do not want to lose my home because I do have 2boys that live home with me and I really don't have family to help me... I really need some advice on what my next step should be....please help... Sincerely XXXXX XXXXX Response 2: When the lender starts a foreclosure action AND YOU GET A SALE DATE, then you may file Chapter 13 Bankruptcy at that time to stop the foreclosure sale. You can file for Chapter 13 bankruptcy protection few days before the foreclosure sale date to stop the foreclosure. So, long as the bankruptcy is filed before the sale date, the foreclosure sale must stop. The Notice of the Bankruptcy Filing must be sent to the lender or the law firm/trustee conducting the sale for the lender so that the foreclosure sale can be cancelled
An individual (“consumer debtor” or “debtor”) would be able to file a Chapter 13 if the debtor has disposable income—extra income after necessary expenses every month to fund a Chapter 13 plan and the debtor must also meet the debt limit requirement. In order to file for Chapter 13, a debtor's unsecured debts must be less than $383,175.00 and secured debts must be less than $1,149,525.00. In Chapter 13, the debtor prepares a payment plan and makes payments to his/her creditors on a 3 or 5-year plan. If the debtor's income is equal to or less than the current income guidelines for his/her family size in his state, the debtor would do a 3-year plan. However, if the debtor's income is more than the current income guidelines for his/her family size in his state, he would do a 5-year plan. His mortgage arrears and unsecured debts would be paid through the Chapter 13 plan.
The filing fee for Chapter 13 is $281.00
These are current income guidelines for the State of Missouri:
Family size of one person $41,092.00 Family size of two persons $51,784.00 Family size of three persons $59,549.00 Family size of four persons $72,150.00 Add $8,100.00 for additional individual
The debtor must receive budget and credit counseling from an approved credit counseling agency and obtain a Certificate of Credit Counselling to be filed at the same time with his bankruptcy petition. The agency will review possible options available to the debtor in credit counseling and assist the debtor in reviewing his budget. Different agencies provide the counseling in-person, by telephone, or over the Internet.
It is usually a good idea for the debtor to meet with an attorney before he receives the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for the debtor, a good attorney will offer a range of other suggestions. The attorney can also provide the debtor with a list of approved credit counseling agencies, or the debtor can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
After the bankruptcy case is filed, the debtor must complete an approved course in personal finances. This course will take approximately two hours to complete. The debtor's attorney if the debtor has one can give the debtor a list of organizations that provide approved courses, or the debtor can check the website for the United States Trustee Program office at http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm
It is suggested that a debtor consult a local bankruptcy attorney for further explanations of the debtor's rights and responsibilities.
The sites below are good resources for finding local bankruptcy attorneys:
If the debtor cannot afford an attorney, there are bankruptcy petition preparers that assist debtors in preparing bankruptcy forms. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give legal advice because they are not attorneys. Click on the links below for some of the bankruptcy petition preparers. You can do some searches on Google or Yahoo for additional petition preparers.
I also did a recent credit report and I saw on there that they have not reported that I have been late it actually states that all my payments are upto date... is it at the discretion of United Bilt to not allow a loan mod especially if like I said that my income has drastically changed?? Response 1: Yes. However, in order for the lender to say no, you must first apply for modification and provide the information requested. It is not the lender's place to tell you that you are not going to be approved when you have not even applied. The realtor is greedy and does not care what happens to you as long he sells the property and gets his commission. So, I will not put any weight whatsoever to anything he says. He is just greedy and does not care. You need to apply for the modification first. If the realtor texts me again what should I tell him?? I truly do appreciate your feedback.. Response 2: Tell him to stop immediately from contacting you. Ask him his address so that you follow it up in writing. See my initial response on this and for sample cease and desist letters.
Let me know if you need anything else,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).