Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

We have our mortgage with US Bank Home mortgage, They just

Customer Question
put us in foreclosure while...
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
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
9/1/2011
Real Estate Lawyer: KimberlyLaw, Attorney and Real Estate Broker replied 6 years ago
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
Verified
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,
Kimberly
Ask Your Own Real Estate Law Question
Ask KimberlyLaw Your Own Question
KimberlyLaw
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
4,219 Satisfied Customers
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.

KimberlyLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,052 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,918 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My mortgage is under loan modification and it has a clause
my mortgage is under loan modification and it has a clause can sell and have a have balloon payment at maturity of the loan? Is this legal? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In a mortgage on a condo that is jointly owned by where both
Second opinion] In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
In a mortgage on a condo that is jointly owned by where both
In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage? … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,918 satisfied customers
My mortgage lender wants to do an inspection of the property
my mortgage lender wants to do an inspection of the property do they need a reason. ? And can I stop it ?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In Ohio do mortgage note buyer have to record that they are
In Ohio do mortgage note buyer have to record that they are the owners of my mortgage within a certain timeframe? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,634 satisfied customers
My mortgage was included in my bankruptcy..my bankruptcy was
My mortgage was included in my bankruptcy..my bankruptcy was discharged..is my mortgage company now obligated to satisfy my mortgage… read more
DrakeLAW
DrakeLAW
Juris Doctorate
911 satisfied customers
I'm the owner of several mortgages in several different
Hello, I'm the owner of several mortgages in several different states. What I want to know is if I want to start foreclosure proceedings on each one of them will I have to use several different attorn… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
My first mortgage held by of A was successfully modified,
My first mortgage held by B of A was successfully modified, but before the process was concluded and the modification on the 2nd mortgage (also held by B of A) could begin, B of A's claim with Old Rep… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Which date determines the effective date of a mortgage
which date determines the effective date of a mortgage assignment the date that it was signed or the date the contract was filed with the record … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,004 satisfied customers
If the title to the home and mortgage is in both spouses
If the title to the home and mortgage is in both spouses names, but one dies, should the other change the name on both in order to sell or bequeath the home? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
I'm selling a couple properties and outside of the mortgage
I'm selling a couple properties and outside of the mortgage I have two or three loans that what other companies have given to the ownership company of this Llc how do I let the title company know thes… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,763 satisfied customers
My husband would like to apply for a reverse mortgage in
My husband would like to apply for a reverse mortgage in Texas but I am 59. If I sign a waiver of homestead rights, how long does he have to wait to apply for the mortgage? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If someone has a reverse mortgage in CA., can they rent a
If someone has a reverse mortgage in CA., can they rent a room out in their house? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
If I am not the holder of the Mortgage, but the deed as
If I am not the holder of the Mortgage, but my name is ***** ***** deed as tenants in common. How can I get my name off of the deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
Is there a time limit for banks to approve a mortgage.
Is there a time limit for banks to approve a mortgage … read more
Ray
Ray
Lawyer
Doctoral Degree
7,532 satisfied customers
Is there an attorney who will negotiate with my mortgage
is there an attorney who will negotiate with my mortgage company to lower my interest and monthly payment? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,783 satisfied customers
If there is a first mortgage on a property, can the HOA
If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,822 satisfied customers
Is mortgage company responsible for transferring insurance
Is mortgage company responsible for transferring insurance to themselves after modification?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x