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Ask Terry Leeders Your Own Question
Terry Leeders
Terry Leeders, Lawyer
Category: Real Estate Law
Satisfied Customers: 3200
Experience:  Chicago Bar Association, Better Business Bureau, IL State Bar Assoc.
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Have FHA loan, went through bankruptcy reaffirmed the debt.

Customer Question

Have FHA loan, went through bankruptcy reaffirmed the debt. Only to learn mortgage company change the contracts multiple times, and is now sueing us for the four time in a year. Need free legal help
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No we were served tonight Again. But we believe and as far as I understand they have changed the original contract where we had a fix mortgage rate and FHA loan. To where our payments change every couple of months. And when we tell them we'll pay the late payments in full they tell me it won't matter unless I also pay all legal fees which usually are 2,000.00. that would mean for the five months past due 2,385.00 they add on an extra 2,000.00 so I owe 4,385.00 which my husband doesn't make in a month. They won't ever work with us by pulling payment from his check automatically. And because of all the fees and legal fees they have added on we have only paid around 10,000.00 in the past ten years which is the half way point for our 20 year loan.
JA: The Real Estate Lawyer will be able to walk you through that. Where is the property located?
Customer: Aztec New Mexico
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That the original company that sold us the house closed and all the things we were promised didn't happen. Like Vanderbilt mortgage was to pay all the taxes on the house for the first ten years. That didn't happen not we're we notified until we were served with a cease of home due to failuer to pay back taxes. We were on an FHA loan but after we did our bankruptcy our payments went from a steady 435.00 from 2009 to 2014. Then the payment's went to over 500.00 and back down. Which they claim was due to the homeowner insurance company. The homeowner insurance company hasn't helped with any of our claim. Vanderbilt is also stating that when they retake the home all appliances that came with it must be in it. But I've replaced all appliances except the stove. I've also replaced the water three times. I don't believe I should have to give them my new more expensive better quality appliances because there's didn't last two years. In the Sue that we were served with they placed a copy of the original contract and not the reaffirmation done in 2014. For a full year of payments it should be around 5,900.00, yet I can prove last year alone I paid almost 8,000 and was still told I'm delinquents on payments. I can also prove since 2009 to now I have paid around 50, 000.00 in payments. The home was sold to use for 55,649.35 with a fixed rate of 8.92% , number of payments 240 at 433.98 at the end of the loan we will have paid 104,155.20. not including all the lawyer fees and any other fees they have added on over the years. They are sueing us for 36,346.15 principal amount,accrued interest, escrow and legal fees.
Submitted: 19 days ago.
Category: Real Estate Law
Expert:  Terry Leeders replied 18 days ago.
Good morning. When you reaffirm a mortgage, the same mortgage terms will apply, unless the reaffirmation changes the terms. If yours did, that is your defense in court. A foreclosure defense attorney can assist you. You can defend yourself as well if you cannot afford one. You can submit a copy of the reaffirmation as an exhibit in your defense.
When a loan is transferred or sold, it does not change loan and mortgage terms. So, if it is in the loan or mortgage regarding the taxes and the appliances, then those terms would still apply.
You'll need to do some reading. Thanks for your question
Expert:  Terry Leeders replied 10 days ago.

did you have any followup questions?

Expert:  Terry Leeders replied 10 days ago.
Also, I'll check back in with you in 2 days on 3/30/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.