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Real Estate / Home Loan In 2001 I took a Home Loan from HSBC…

Real Estate / Home Loan In...
Real Estate / Home Loan
In 2001 I took a Home Loan from HSBC that was done by local person with very little proof of income. In 2004 we filed Chapter 7 & house was NOT included. I have heard NOTHING from HSBC since 2004 & have paid ALL Taxes & Insurance every year. Now 2016, HSBC sends me a notice to pay $79,000.00 in 30 days or they will Foreclose. We tried desperately to talk to HSBC in 2004 by Phone & Letters for almost a year & they would not respond, they say, because of the Bankruptcy.
WHAT should I do?
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Customer reply replied 8 months ago
Shouldn't HSBC be responsible for something?
Answered in 12 minutes by:
12/19/2017
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,471
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Hello: My name is ***** ***** I am an attorney.

This sounds odd. Why wasn't the HSBC loan included in the Chapter 7?

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Customer reply replied 8 months ago
Not sure.....Attorney that did Chapter 7 is no longer here & we paid off the Chapter 7 apprx June of 2004 of $7500.00
Going thru the papers now, there is a "affirmation" that we signed.
My wife & I called & wrote 3 letters, for almost a year, asking HSBC to tell us where to send payments & how much.

When was the last time you made a payment? This sound like the statute of limitations may have run.

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Customer reply replied 8 months ago
Last full Payment was December of 2003.
We have heard NOTHING from HSBC, until we got this notice & they have turned it over to Caliber LoansCaliber Loans has put up for Couthouse Sale & NO bidders, so they are holding title

How can they put it up for a sale if there was no foreclosure judgment yet? You mentioned that they said they would foreclose. Have they already? Was there a nonjudicial foreclosure? Something doesn't sound right.

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Customer reply replied 8 months ago
I agree "Something doesn't sound right.".......
The only paper work that we have received was from Caliber Home Loans, who is owned by HSBC.
They sent registered letters that they were going to Foreclose in 30 days, if we did not bring the $79,000.00 current
They put the house in the paper to sell on Courthouse steps
It did not sell
They have hired a local Real Estate Company, that sent me some papers titled " Cash for Keys".....and offered me $3,000.00 to move by December 26, 2017.

It does not make sense, sorry. What state is this?

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Customer reply replied 8 months ago
Damien.....I know JustAnswer publishes some of the answers & do not want that info out
I am in the mid west, have lived in the same house for over 32 years.
Now my wife & I are on SS, & can no longer work because of age & health, so our Income has changed drastically.....
It is very strange that they come back with a vengeance after all these years of nothing
Sorry, as I am really worried

I understand. Do you have any further questions?

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Customer reply replied 8 months ago
Just, what do I do from here?

Ideally, you would file a complaint for a declaratory judgment that the bank cannot foreclose on the property because it is beyond the statute of limitation and to clear the title. However, you would need an attorney to do that because it is a lot of legal language. The other possibility to to find out how the property is put up for auction by contacting the court that is handling the auction. See if there is any paperwork that you can read to see how the auction was allowed to occur. Lastly you would answer any foreclosure action with the defense of the statute of limitations among other defenses.

I know this is all complicated, but I am trying to give you as much as I can.

If you have any further questions, just let me know.

DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,471
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Customer reply replied 8 months ago
THANK YOU........I understand
I will go in & see what the Court has.
Attorneys here need a deposit before they will help, which makes it very hard for us to do at this point
IF I need more info, will post back here
THANK YOU again

You are welcome! Best of luck.

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