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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114041
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a rather complicated situation. Had a payment

Customer Question

I have a rather complicated situation. Had a payment arrangement with seterus inc. Haven't missed a mortgage payment ever.
In December of last year I was awarded $103k in a legal settlement but since I'm disabled on fixed income, I decided to pay that on my house. I was told that was the total I owed.
I could then continue making my regular mortgage n payments until loan is paid off as I was late told there's an additional 58k left on the loan.
So I did continue paying.
a couple months ago I began getting invoices with -1100. And -1600. Which didn't make sense. The servicer advised they would fix it. Never did. Then I stopped getting invoice statements and a month ago I got a letter saying please call us about the 58k remaining on the loan to discus options.
I did and the n manager said that a balloon payment was due. I reminded them what they said to continue making payments until loan is paid off and that I didn't have that money. He said I should refinance.
But after cling green path of making homes affordable, they said seterus is reporting to credit bureaus that I have not paid my mortgage in 9 months or so, when that's a lie. I have bank statements to prove it.
Anyway, I advised they destroyed my credit. So now they asked me to send in application for modification. I did. But now they sent me an Notice of Default" advising that I am $415.77 behind and if I don't pay that by sept. 16 2015, they will start foreclosure procedings.
Now can they send that to me when they have begun a modication review?
Also should I sue them for damages? A rep told me they have been driving by my house every few weeks. Is that legal? Would it be a good idea to file in court for injunction or restraining order?
How can I inexpensively fix this situation?
I also contacted "keep tour home california" and Naca, who are having an event in coming weeks in my area?
Should go to that event and disregard the modifications with seterus servicer and keep your home california?
I don't know what to do. Please give me some advise. I want to stay in my home. I feel the servicer who is IBM and the investor Fannie mae, is trying to steal my home.
Thank you for any advice you can give ?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I forgot to mention, I don't owe this demand for $415.77 that they are asking due to their accounting erros.
They have ignored all of my correspondence.
What can I do to st op them and their harassment at this stage?
Can they get away with lying saying I'm late when not. I made every mortgage payment. They have violated the homeowners bill of rights and probably respa too. They should be shut down.
I appreciate your advice. This has Ben very stressful.
Customer: replied 1 year ago.
I forgot to mention, I don't owe this demand for $415.77 that they are asking due to their accounting erros.
They have ignored all of my correspondence.
What can I do to st op them and their harassment at this stage?
Can they get away with lying saying I'm late when not. I made every mortgage payment. They have violated the homeowners bill of rights and probably respa too. They should be shut down.
I appreciate your advice. This has been very stressful.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they made such a deal with you and you have it in writing and now they are trying to go back on that deal, then they are in breach of contract with you and you have grounds to sue them for that breach. They also could have very well committed an unfair and deceptive business practice if they have misrepresented the deal to you.
If they have not made the corrections and are pursuing you contrary now to the deal you had with them, you need to actually go to a local consumer protection law attorney and you need to sue the company for the damages and if you prove the unfair and deceptive practices you can also get triple the damages plus your attorney's fees.
Customer: replied 1 year ago.
Thank you for your response.
I asked them to put it on writing that I can continue paying my loan as agreed in original contract until the loan is paid in several years but they wouldnt.
Some reps said they record their calls?
I don't trust thwm. They're asking for erroneous money and when asked what the $415. Is for they don't know.
I was thinking of applying for naca program even tho servicer is supposed to be working on modification . I also was pretty approved for "KEEP YOUR HOME CALIFORNIA".
What can I do now? A complaint won't stop them from sending a sheriff to my house right?
Customer: replied 1 year ago.
Are verbal contracts binding in California?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can sue them if they breached their contract with you. Oral contracts can be enforced in CA, but you bear the burden of proving what the terms of that contract were.
You need to gather the documentation you have now and the proof of payment showing that you do not owe the money and start by sending them a letter explaining the agreement you had and attaching proof of payment showing you do not owe them the money and tell them they are in breach of contract and that you will pursue legal action if they refuse to honor the contract and properly credit your payments. If they fail to comply, you need a local consumer protection attorney to sue them based on the facts you stated above.

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