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This is for Socrateaser This job...
This is for Socrateaser
This job pays an $80 bonus:Soc,
You helped me last week on this same case.
I have an inheritance coming to pay the acreage on this mortgage and am trying to delay foreclosure until it comes.
I filed an amended complaint this past Friday.
The defendant, the lender, had won their motion to dismiss with prejudice with leave on most counts by the judge, for me to amend.I filed the same suit just over a year ago, and agreed to dismiss it without prejudice.
Here/now the lender/defendants attorney, had won a dismissal with prejudice and you said I cannot dismiss without prejudice a second time, would have to file an amended complaint and take my chances.Did that this past Friday, on deadline.A Year Ago
Just realized something. A year or so ago, I agreed to dismiss without prejudice in exchange for a loan modification filing/application/attempt.This was agreed to with me submitting documents directly to the attorney I was in touch with.DURING THIS TIME I ASKED WHY THE LENDER WAS POSTING FORECLOSURE DATES WHILE THE LOAN MODIFICATION WAS IN PROCESS, AS CALIFORNIA REQUIRED FORECLOSURE PROCESS TO CEASE WHILE IN LOAN MODIFICATION, PROHIBITING A PROCESS KNOWN AS DUAL TRACK FORECLOSURE, FORECLOSING WHILE PROCESSING A LOAN MODIFICATION, something the State of California attorney general can prosecute.I eventually, after several months, asked to work directly with the lender.
When I did, I found that the attorney had not sent in some of the documents I had previously sent them, and had not sent them in on a timely basis, and that the modification had long since been closed.This lead me eventually to file bankruptcy to prevent foreclosure on one of their posted foreclosure dates.They are repeating what they did a year ago
To try to correct the impression of me being a deadbeat, the lenders attorney created in their motion to dismiss my suit without prejudice in this case, I put what the lender did almost a year ago on a loan modification request, that the modification closed and documents were not sent by the attorney/middleman, in a section on general allegations in this amended complaint.
Along with this, in my “General Allegations” I included what my research found, that in 2013 the bank stopped all foreclosures for 3 years after the attorneys general found forgeries used in chain of title and a forgery mlll by the lender/company.In mediation on this new suit this past May, the federal court mediator obtained an agreement by both of us to enter into a new loan modification attempt. I told the mediator my income had increased exponentially, which it has, and felt I could qualify for a loan modification.I began the process, submitting a detailed loan modification application.
Over four months, I submitted documents when requested.I have been writing to the lenders attorney back and forth over the last three weeks concerned about the same thing happening on my loan modification.
That my documents may not have been forwarded to the lender, or that a loan modification had not been opened, or both.I have been concerned that while the lender has pushed back the foreclosure dates, they have, again continuing to be posted, like what happened a year ago, when I found after dismissing my suit, the documents had not been forwarded and a loan modification had not been opened, and they simply proceeded with foreclosure on the foreclosure date posted.This past Friday when I filed my answer, after repeatedly asking, the attorney for the lender said that after 4 MONTHS of submitting ALL documents requested to them for the loan modification, agreeing to process a loan modification with the federal mediator, THE LENDER STILL HAD NOT OPENED UP A LOAN MODIFICATION, AS THEIR ATTORNEY AGREED TO DO IN MAY OF THIS YEAR IN MEDIATION, telling me that the lender says they had not achieved a “COMPLETE LOAN MODIFICATION PACKAGE TO OPEN UP A LOAN MODIFICATION”.B.
Submitted: 10 months ago.Category: Real Estate Law
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Answered in 22 hours by:
10/3/2017
Real Estate Lawyer: socrateaser, Lawyer replied 10 months ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,150
Experience: Attorney and Real Estate broker -- Retired
Verified

Hey,

1. Your question is cut off, after the sentence ending with, "telling me that the lender says they had not achieved a 'COMPLETE LOAN MODIFICATION PACKAGE TO OPEN UP A LOAN MODIFICATION'."

2. If you still have my email address, you may want to contact me directly about all this stuff. If not, then I'll answer you here. Or, if you want my email address, I can send you a premium services offer, so that I can provide it to you again.

Thanks for using Justanswer!

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