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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27992
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I received an intent to foreclose notice from a law firm and

Customer Question

I received an intent to foreclose notice from a law firm and it ask that I call my lender to work out a payment plan before foreclosure proceedings. I call my lender and they said that I was not elgible for a payment plan because I am in foreclosure. I owe the lender 3930.32 for paying my taxes and I want to be able to pay them around 400.00 per month until I pay off this debt but they said I would have to pay the full amount inorder to stop the foreclosure. Everyone I talked with said that my property is not in foreclosure yet.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. Yes, it would not appear that the home has actually been foreclosed on yet, since that would require the filing of a court action. A Notice of Intent to Foreclose (NOI) must be sent to the homeowner at least 45 days before the first court filing in the foreclosure action. If you just received the NOI, then they have yet to actually foreclose. If they are saying that is the sole reason for not agreeing to your proposed payment plan, you need you need to advise them of the time line and that there is no active case in the court, at this time. Moreover, speak with the attorney who sent the notice, to verify the same and they can call their client and advise them that nothing has been filed.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!