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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6777
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My loan was sold when GMAC went BK. I did not know this. My

Customer Question

my loan was sold when GMAC went BK. I did not know this. My Payment was returned with no explanation. I attempted to contact GMAC for a reason. When GMAC asked for my SSN and property address they said they had no record of me. I assured them I had a loan but they refused to answer anything or provide any info. THey said my SSN was not right. THey would not even tell me who had the loan. No amount of discussion would change their minds.
JA: OK. The Real Estate Lawyer will need to help you with this.
Customer: SO then I get a call from OCWEN saying that my payment is late. they ask for my ssn and address. I give it to them and they say that it does not match anything they have. I assure them I have the property and loan. THey will not talk with me AT ALL say no record of SSN or address.
JA: Have you consulted a lawyer yet?
Customer: Numerous attemtps to resolve and cannot get any further then ssn address issue and then stonewalled. SOoooo time goes on no payments made now being sued for forclosure. Call OCWEN again try to resolve they say they cannot talk to me because SSN address is not on record....but I have been served paper of foreclosure
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: all payments up to the transfer of my loan made no prob. I have not talked with a lawyer yet
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 5 months ago.
You're very welcome and best wishes to you.
Expert:  Irwin Law replied 5 months ago.
It's a very unusual situation for a company holding the mortgage not to have a correct Social Security number and other identifying information for you like date of birth, wife's name etc. when they file the foreclosure you will have to have an attorney file an answer setting out the attempts that you have made to make payments on the mortgage, and the lenders denial of your attempts to speak with them. GMAC Mortgage has been gone for a long, long time so your account must be quite far behind. That in of itself will prove to the judge that you are not at fault. Usually the courts will send something like this to mediation where you can work out a settlement and keep your home. Remember, mortgage foreclosure is an equitable remedy, and the party seeking foreclosure must behave equitably toward the mortgagor. It appears that Ocwen has not done that in your case. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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