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My home went into foreclosure. How do I get it back?

My home went into foreclosure. How do I get it back?
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Answered in 2 minutes by:
3/7/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,887
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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How long ago did the bank start the process? Do you have any funds to reinstate it?

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Customer reply replied 5 months ago
I can write a promissory note since I am a secured party creditor I know how to use a UCC1 and UCC3 to pay for anything I know that FRN are illegal for me to use since I am a private AmErican

If you want to get the home out of foreclosure, you need to speak with the bank who holds the mortgage about a loan modification. Loss mitigation is the key here so unless you have the money to reinstate or redeem the property, the bank would have to agree to modify your loan and change the terms and conditions of it. Your promise to repay is not going to be valid and they will need to agree to modify the loan and you would need to sign and agree to the modification if you qualify.

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Customer reply replied 5 months ago
I do not want to contyract with a bank that has nothing to do with my original wet ink signature loan, I have sent each bank that has touched my Loan the correct 1099C for the cancellation of the debt as well as lawyers the corrected OID as well as 3949A to the IRS for the lack of payin taxes over the years on my LOan. What can I do or how much time do I have to deal with the unlawful/detainer that I have not been served with.

You have until the foreclosure is complete. It could take a few months and the clock would start, once you are actually served and you would be given a chance to answer to this and raise any defenses which you may have and contest it.

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Customer reply replied 5 months ago
In this state of Arkansas how much time do I have they have sold my home for the 2nd time on paper the Bank of NEW YORK Mellon which is the same bank who claims to hold my mortgage in which I have the SEC Attestation on with my cudsip that if it is indeed a dead pledge which states I have until 2035 to make the last FULL payment why are they trying to foreclose on me.

Are you past due on the monthly payment?

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Customer reply replied 5 months ago
I have defaulted according to their rules and they have been paid via default insurance, why are they still coming after my mortgage you cannot get rid of the note and the mortgage they go hane and hand and as SURETY and SUBROGEE I have the right to be SUBROGATED

Do you have proof that your policy paid for this? Do you have evidence that they were made whole? And if this was the case, do you think you should get to keep the home?

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Customer reply replied 5 months ago
I have taken there implied trust and turned it into an express trust and as Grantor/Grantee of this trust I have Merged the titles and I have made them my Trustee and I have asked them for a full accounting as well as there off balance sheets and both sides of the ledger.

These are all defenses which you need to raise when you contest this. If this is a judicial foreclosure, you will be served and given a chance to contest it. You shared that you wanted to get the home back and if you do not want to try and modify the loan nor have the funds to reinstate it and want to rely on these defenses, you can raise them and the Judge will decide.

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Customer reply replied 5 months ago
I want to give them ONE LAWFUL DOLLAR send to secretary of the treasury the serial number as safe keeping on the Bill. And make the Trustee do their Job
Customer reply replied 5 months ago
This is a non judical State

The lender has two options.

http://www.foreclosurelaw.org/Arkansas_Foreclosure_Law.htm

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Customer reply replied 5 months ago
You have been helpful you are not in Arkansas I assume

No, I am not.

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Customer reply replied 5 months ago
TY

You are welcome and please let me know if there is anything else.

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,887
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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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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