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I have a problem with my mortgage provider, they foreclose…

Customer Question
I have a problem...

I have a problem with my mortgage provider, they foreclose on my property during the loan mitigation process.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Completed the request for loan modification and were waiting for a decision on modification, received a letter in the mail stating that we had been denied any modification because I had not responded to email or phone call offering mitigation. I never received email or phone call offering mitigation it wasn't until I was notified by mail that I wouldn't get litigation because I have failed to respond to the offer. I immediately phoned and said that I would accept the offer. The case manager stated that he would see what he could do and get back to me. Five days later my property was sold at auction. I did not receive a call back before the sale or after the, today I have not received one correspondence from the lender I had approximately $300,000 in equity at the time of sale the property was worth approximately $525,000 bold

Lawyer's Assistant: Where is the property located?

It's soled for $233,000 single better I suffer a stroke and was unable to handle the mitigation process by myself so I gave power of attorney to my ex-wife giving her the authority to deal with the lender. They never notified her of the offer of mitigation. I now have nine days to turn over the property after building this house and living here for 37 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did not want to move but would have sold the property if I had to.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/26/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,270
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about your situation. So, generally, this appears to be a classic breach of contract if they failed to contact you regarding this. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, which could include that the home be taken out of foreclosure and the sale be cancelled. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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