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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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We have our mortgage with US Bank Home mortgage, They just

Customer Question

We have our mortgage with US Bank Home mortgage, They just put us in foreclosure while my wife was fighting for her life with Cancer, She passed away on Nov-13th last yr. when she was 1st diagnosed, the bank offered us a program that let us make 1/2 payments for 4 mounths, then we were to be reevaluated after that.During that 4 mo. period we kept getting notices from the bank that we were behind in our payments, I would call them and was assured that this was just automated mail that came from a different dept. and that everything was o.k., after more notices and phone calls by me and the same thing said by them, I started to get worried! after the 4 mo's was up They said we had DEFAULTED on our loan! and they put us in a different program, Now they have charged us more than $2,500.00 in fees and peniltys and have compounded it ever sense. now they are trying to forclose on me and say I owe them over $6500.00 in fees plus the note. this seems like they did this on perpous! what can I do?I Also am Disabled and live on only $900.00 a Mo.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 6 years ago.
Hello Bruce, I am happy to assist you today.

I am very sorry to hear about your wife and about your current situation. This is an all too common story.

Ok, you do have the ability to get this fixed. First, I am assuming that you have the ability to make your monthly payments and stay on track with your mortgage. If not, this won't work.

So you need to draft a letter to the bank explaining everything that has happened with all the dates, and attach any proof that you have, like canceled checks, etc. You need to write this language very clearly. "I dispute the debt" and "demand and accounting". This will bring the Fair Debt Collections Practices Act into effect and they wil be legally required to investigate your account and respond to you in writing within 30 days. During those 30 days they can not foreclose.

This letter is very important so keep a copy and send it by certified mail, return receipt. You don't need a lawyer at this time. Make sure the letter goes to the LAWYER for the bank, not their regular address. The notice that you are in foreclosure should have been sent to you by a lawyer, so send this letter to that law firm directly.

You should also call them a few days after they receive it and speak with a lawyer (not a paralegal) there and ask them what they think about your situation. You need them to know they should act on this immediately.

If you have any problems or more questions feel free to ask me. You can just ask a question normally and start it with "For Kimberly". That way I can see it on the line of questions. I am generally online every day from 8am to 6pm.

Good luck to you and take care,