Thank you, K.
1) The fact that she has a renter inside the home in itself does not stop the foreclosure in any way. What happens is if
the lender forecloses, then they take over the landlord duties of the home, and as such, deal with the tenant then and there.
2) The Foreclose Intervention Response Form is a mediation technique requesting the lender to enter a meaningful discussion about possible settlement options ( loan modification, short sale, deed in lieu of foreclosure, etc). However, the lender is not mandated to consider these options. Also, the Foreclose Intervention Response Form does not serve as an ANSWER. It sounds like she failed to file an answer, and then failed to show up to the hearing.
3) As such, what someone in her situation may wish to do is the following:a)
File a Motion for New Trial
, claiming that she could not
file an Answer in time due to her illness and being in and out of the hospital and for the same reason, why she could not show up to the hearing(s). Hopefully, the Court will agree and re-open the case, at which time she can file an answer with a general denial and stall foreclosure;b)
While the motion for new trial is pending to be heard, a Motion to Stay
may need to be filed which asks the Court 'pause' the foreclosure execution until the motion for new trial is heard, because you do not want them to continue on while the motion is pending;c)
If she has not done already - and assuming she can re-open the case - she may with to see this website:www.makinghomeaffordable.gov
...and click under EXPLORE PROGRAMS
to see what kind of relief sge can possibly qualify for. This aggregates all different types of possible programs that she can utilize. This may be useful.
An attorney is strongly recommended. May I recommend the SC Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
If finances are an issue, let me know if you need leads for pro bono / low cost programs in SC for representation.
I hope this helps and clarifies. Best of luck.
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