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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99982
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a court order saying i must vacate property march 20

Customer Question

I have a court order saying i must vacate property march 20 th.
my lender sold my property,my home without giving me notice.
i was working with a relationship manager at uS Bank to modify my loan.
That relationship manager is no longer working for them and somehow that file got closed after her departure.
so here i am at a loss.
i want to stay in my home but it was sold on the courthouse steps m, again not being notified.
what are my options now since i am to vacate the home march 20th.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this, L. Please tell me:

1) At any time, did the lender promise to you in writing that the modification WAS approved, or WOULD DEFINITELY be approved?

2) The court order to relocate by March 20th - is this an eviction judgment?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 8 months ago.
My lender said i was approved.
Unfortunetly i missed a payment and US Bank was redoing the modification again.
come November 200515pm i kept emailing the relationship manager, no response.
My neighbor saw a car driving around and asked what are you doing?
He said this house is being sold this week.
Thus was a Sunday.
i called my lender and they said yes its being sold. I said i had no idea about this.
At that time they told me that my relationship manager was no longer at their company
My file was just sitting on a desk and someone thought it needed to be closed.
i reached out to a company to help me understand how tjis could happen.
This company is American Home Servicing Center. I have been jumping through hoops and now thy saud i can do an eviction defensethat will cist me $4400. This will allow me to stay in my home for up to a yeR but i would need to pay $750.00 a month for rent
Expert:  Ely replied 8 months ago.

Thank you.

To clarify - you were approved for the modification, but then slipped up and did not make a payment on time either after the modification, or, while you were in the "trial" portion of the modification. Correct?

Customer: replied 8 months ago.
After the modificstion was complete. I was in my new loan buth then Christmas came and messed up and missed a payment.
I have been doing everything to stay in my home.
Expert:  Ely replied 8 months ago.

Thank you.

On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."

Understand that modification is not a right, but a privilege. The lender has no duty to modify. They can work with you to do so if they choose to do so. Until/unless they agree to modify, the original contract controls. They approved the modification, but made it contingent on a few timely payments. You unfortunately missed one of those timely payments, thus the modification process failed.

Once that happened, they initiated foreclosure. They then executed the foreclosure and bought the home themselves at auction. You became a tenant. Then they filed an eviction to have you leave.

The only way someone in your situation can try to possibly set aside the foreclosure is by arguing that they did not give you proper notice of the foreclosure. Within 20 days of the date of the sale the trustee must provide notice by registered or certified mail to the borrower and other parties in interest of the sale date and time, the terms of the sale and a description of the property to be sold. Missouri Revised Statutes, Chapter 443.327. If so, then perhaps the foreclosure may be set aside. In addition the eviction may be stayed/abated (paused or dropped) if one files to set aside the foreclosure.

Needless to say, this has to be done via the court, so counsel is recommended strongly.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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