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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am having problems with my Mortgage company. I have had a

Customer Question

I am having problems with my Mortgage company. I have had a hardship since June and have been working with them. In August I was told that if I could make 1 payment by august 31st. It would keep me out of foreclosure.. I did that. Have proof from my credit union. In sept I was contacted and they said they didn't receive it until sept 1st and sent the payment back and put me in foreclosure. I have been trying to get someone to work with me and now I have a sale date on Nov 11. They want 5 months to re-instate..I don't have it. They keep on saying the are investigating...but Nov 11th is getting very close. And they wont put a hold on things while they been doing this for the last month. What can I do
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Mi and I haven't done any paperwork
JA: Has any paperwork been filed?
Customer: What paperwork
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How many months are you in arrears on your mortgage payments total?

2. What is your hardship that you have had since June?

Doug

Customer: replied 11 months ago.
5 months In august when I sent the payment I was only 2 and the payment was to keep me out of forclosure. Now they wont take any money from me unless it is the total payment.I have been taking care of my father for the last 4 years and only working part time. It is down as family medical hardship
Customer: replied 11 months ago.
no call
Expert:  LawTalk replied 11 months ago.

Hi,

A family medical hardship is not a legal defense to a foreclosure action and the fact that they were willing to work with you at one time does not prevent them from refusing to work with you now.

The only way that you can realistically prevent the foreclosure sale that is pending will be to file for Chapter 13 bankruptcy protection and that will stop the sale. You will then have 5 years to pay the arrears of the mortgage that are owed and the chance to get back on your fee financially.

Them telling you that the situation is still under investigation---again, legally means nothing and you should not expect that they will have a change of heart at this late date. Unless you were to pay the 5 months as demanded, they will almost certainly go through with the sale. Again, however, bankruptcy will prevent the sale and save your property for you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 10 months ago.

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug