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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6733
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Hi, I am assisting a senior friend in foreclosure prevention.

This answer was rated:

Hi, I am assisting a senior friend in foreclosure prevention. She is in the following situation, 1.she requested for foreclosure mediation in the MD court on July 12.

2.and on july 17 in response to her remodification request to her bank, her bank has sent a formal agreement outlining the reinstatement arrangements for loss mitigation review, and the bank has directed her to make monthly payments this coming sept., oct. and nov..

3. however, then on july 18 she in turn received another letter from her bank's attorney that her property will be transferred to her bank in 60-90 days, and that she is entitled to live/rent on the property before her bank conveys her property to HUD,also forms HUD 9539,conditions for continued occupancy and temporary nature of continued occupancy have been sent to her. Also it is mentioned that she needs to pay rent on her property.

It appears as if the bank's attorney has sent the letter in error because the bank already contacted her to pay trial plan monthly payments which means foreclosure is being resolved.

what steps does she need to take in response to 3. above, to the bank's attorney becuase that july 18 letter has a deadline of 20 days for the forms. Does she need to tell the bank's attorney that she already received trial plan payments from the bank to avoid foreclosure, so their foreclosure letter of 3. above is not valid? thanks

Attorney2 :

Hello and thank you for your question.

Hello and thank you for your question.

That is disconcerting. It appears that the right hand does not know what the left hand is doing.

She needs to contact both the lender and the attorney. Can you tell me if the lender was copied on the letter?
Customer: replied 4 years ago.

No the lender is not in the attachment. Also I see a HUD/FHA case number XXXXX in the letter of 3. above from the lender's attorney. thanks



This appears to be a miscommunication between the bank and the attorney.

She should respond to the attorney with a certified letter return receipt requested and copy the bank. She should reference the HUD/FHA number and advise the attorney that she has come to an agreement with the bank. This way she has proof that she contacted the attorney and the bank. She should also contact both by telephone and keep the letter with her other documents as a record.

Since she has received the paperwork this appears to be a mistake on the part of the attorney. Her letter should rectify the situation. By sending a copy to both the attorney and the bank she has covered all bases.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. Thank you for using JA!

If you would be kind enough to rate my service I would be most appreciative.

Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Thank you.