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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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New york State, we were currcent, jan - june 2013 BOA offered

Customer Question

New york State, we were currcent, jan - june 2013 BOA offered a forebareance to help with damages from sandy, They inadvertatly moved our file to foreclosure, inspite of repeated pleas to show proof we had in writting BOA said 0 jan-june!! We knew it was wrong, so we fought, they serve summones in July 31 2013 !!! ( only one month tecnically late) still in court, There orig, summons said, their standing was a loan modification signed and executed March 2010. They never executed it, flash forward, the bank sent two requwest begging us us to call them they will sens a notary, who will notorize it ( the 2010 Loan Mod!!!!!) and pleas send it back to them " so it can be properly recorded" IN THE SUMMONS, THEIR ATTY SAID , IN 2013, IT WWAS DULY EXECUTED AND DULY RECORDED!!!!!! IT WAS NEVER DONE!!!!! NOW THE BANK WANTS US ,,, DURING A LAW SUIT WHERE THEY USED THIS LIE, TO TRY AND TAKE OUR HOME!!! WE HAVE ALL 100% OF PROFF
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer,Are they trying to settle the case with you? It is possible that after 2 years they finally were able to recognize their error and now they are trying to correct it through a settlement by having you sign the new document.I can see why you would be skeptical of this, and it is important to question it. But if they are making a settlement offer to you, it is worthwhile to at least see if there is a potential settlement on the table, and what the terms are. (This may also be a good time to try mediation with the bank to try to resolve the dispute, - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there.)Make sure to document your communications, use "Confirmation letters:" Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.

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