How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
71563194
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

New york State, we were currcent, jan - june 2013 BOA offered

Customer Question

New york State, we were currcent, jan - june 2013 BOA offered a forebareance to help with damages from sandy, They inadvertatly moved our file to foreclosure, inspite of repeated pleas to show proof we had in writting BOA said 0 jan-june!! We knew it was wrong, so we fought, they serve summones in July 31 2013 !!! ( only one month tecnically late) still in court, There orig, summons said, their standing was a loan modification signed and executed March 2010. They never executed it, flash forward, the bank sent two requwest begging us us to call them they will sens a notary, who will notorize it ( the 2010 Loan Mod!!!!!) and pleas send it back to them " so it can be properly recorded" IN THE SUMMONS, THEIR ATTY SAID , IN 2013, IT WWAS DULY EXECUTED AND DULY RECORDED!!!!!! IT WAS NEVER DONE!!!!! NOW THE BANK WANTS US ,,, DURING A LAW SUIT WHERE THEY USED THIS LIE, TO TRY AND TAKE OUR HOME!!! WE HAVE ALL 100% OF PROFF
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,Are they trying to settle the case with you? It is possible that after 2 years they finally were able to recognize their error and now they are trying to correct it through a settlement by having you sign the new document.I can see why you would be skeptical of this, and it is important to question it. But if they are making a settlement offer to you, it is worthwhile to at least see if there is a potential settlement on the table, and what the terms are. (This may also be a good time to try mediation with the bank to try to resolve the dispute, - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there.)Make sure to document your communications, use "Confirmation letters:" Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.

Related Real Estate Law Questions