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I sent 3 payments in 2010 and 2011 to a bank through western…

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I sent 3 payments in...
I sent 3 payments in 2010 and 2011 to a bank through western union. It was for a forebearance plan. They said the 3rd was late, so they canceled the plan and did not accept the last payment. However, they said since it was cancelled they refunded all the monies I sent from the forebearance plan. Western Union only shows 1 refunded, but it doesnt show the other 2 that was sent back. Is there a way that I can find this. I need it for a court case. Thanks
Submitted: 10 months ago.Category: Consumer Protection Law
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10/6/2017
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago
KnowYourRights
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Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

You can ask the lender for proof, to show it was sent. I have never heard of a lender sending the money via western union, as any refund would have been sent via check or a bank transfer. The burden would be on them, to show it was sent back, if they are going to make that claim and if they can not do so and you need this as a defense, they may lose that argument.

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Customer reply replied 10 months ago
It is the opposite. See they are saying they never sent the payments back. First they said they sent none, but then they said they sent one. I sent 3 payments. They accepted two and one was refunded to me since it was not accepted. However, when I went to pick up that payment it had all 3 payments back. I am trying to get this proof and can not find it.Western union does not have it.My burden is that my house went into foreclosure in 2007 and they started a foreclosure after that, but then closed it in court completely around 2012 and restarted a new one in 2014. This was after the 6 year statue of limitation. I have an atty and we are fighting it. The judge denied us because it was too early in the case to decide. He said if acceleartaion started when we say then the bank is not timely, but if it is started when they say then he said it is timely. So we are in discovery phase now. My atty is saying finding proof that they sent all payments back is key. However, I am confused because in the forebearance plan it states that that plan did not stop the foreclosure process. And in the 2014 foreclosure it states how many days the home was late and it is well over 6 years. They are trying to say the acceleration restarted because of that payment. If I can not find proof that they sent my payments back is this true or do I still have a case even if those payments were made? Thanks
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

Your attorney could try and subpoena this information from Western Union or depose someone from the bank, who is in charge of this and inspect their records, for the account. If nothing can be found, it would be your testimony against theirs and up to the Judge to consider.

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Customer reply replied 10 months ago
Okay, Thanks
For arguments sake lets say we can not find the western union. What would be the true date of acceleration. Is it black and white or something the judge would determine?If I have the proof does that mean they would defintley be untimely? Thanks
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

You are welcome. If they placed a stay on the proceedings while the plan was in effect and you agreed to allow them to resume them, in the event of default, I think it would be hard to say they need to start over and provide a notice, chance to cure and notice of acceleration. After all, it would not be in their best interest to do this, as it could set back the foreclose for months and a homeowner could take advatnage, may one payment to buy more time and then default. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 10 months ago
That is what they did they resumed and a year later they closed the foreclousure not because of the forebearance plan. They had issues with that foreclosure and they changed banks. Then in 2014 they started a new foreclosure, but that was already after the 6 year statue of limitation. Are they timely for this based on everything?
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

When you say they closed the foreclosure, you mean they dismissed the action in the court?

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Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

Yes, if this was dismissed, they would have to start over. A condition precedent to the filing the foreclosure action is to provide the proper notice of default and allow a borrower to cure and if they fail to do so, they can proceed. If this was dismissed and in 2014 a new foreclosure was filed, they would have need to send everything over again, since the loan continued to go into default and payments were still owed.

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Customer reply replied 10 months ago
They just sent the foreclosure package out with all the old dates of 2007. It was over 6 years at that time.
Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

You can make and raise your argument, regarding the statute of limitations. The Judge is either going to grant it or deny it and it either starts over or they continue. I do not think it will result in a free home and it will only delay and allow you more time to remain or to try and resolve this with loss mitigation.

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Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Consumer Protection Lawyer: KnowYourRights, Lawyer replied 10 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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