Real Estate Law
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>>The mortgage company does not want to file a foreclosure unless they really have to. If they do, you can:
Well it seems they don't mind because I have three other properties with different mortgage companies with mortgages just as delinquent as this one and they seem more willing to work with me and have not put it into foreclosure yet.
I have contacted the mortgage company again and said how can I solve this issue. They are sending me the paperwork for a loan modification which they are not certain will help but will hold off the sale date so that I will have more time to come up with the funds. How nice of them.
Do you think a counter-offer letter is worth sending? If so then to who? The mortgage company, the attorney or both?
I called the mortgage company to see if I could work something out from their end. They asked, "how much money to do you have?". That seem a little used-car-salesman like. I have enough to bring the mortgage up to date and I thought they might take that and be done but.... they suggested that I do a home modification paperwork (total financial disclosure) that it would delay the sale date of the house so that I could come up with the additional attorney fees that would be due.
I feel like I slipped into that one. Now they will have all the money AND all my financial information.
Is this good or bad? I always think they are out to get me and pin me. Especially since the loan is only about 30% of the value of the house. They KNOW that they can get all their money back easily if they force a foreclosure. Is my thinking correct? or paranoid?
Ok. Here is where I am.
How can I prepare for a summons?
I am still waiting on a response from my offer to pay almost all the resinstatement fee. Is this summons or the court any place to try and make a financial deal? I fully intend if at all possible to keep the property but need some relief on the fees and attorney costs that have accrued.
By the way, the Process Server, first served papers to my tenant at the property. Is this a violation of some sort? I heard they weren't allowed to inform anybody about this personal situation other than me. They have my personal postal address on file. Should I mention that somewhere?
>>One has to call them like I explained and state "hey... what's going on here? We were making peace and all of a sudden you file?"
Call who, the attorney, mortgage company or both?
Both. Hopefully, one of them would be receptive enough.
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