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  #1  
Old 12-20-2006, 12:32 AM
jen4c jen4c is offline
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Help! we need advise...

I am going to try and make a long story short. Our mortgage was sold in March of this year. We didn't find out until the end of October. I had 2 surgeries in October and I knew were going to be late with the mortgage so I called the mortgage company and found out it had been sold and we had been sending the payments to the old company. We had been sending certified checks because I am a victim of identity theft and we had to close our bank accounts while we get that straigthened out.
Anyways our new company has not been willing to work with us we have tried to send payments and they have been returned to us. We just received a forclosure letter, when I called them they want $9,846.00 in 7 days to stop the foreclosure. We don't have that kind of money. What do we do and who can we call?
Our current mortgage company is America's Servicing Company. I have looked them up on the web and there are many websites with fraud reports against them.
We are currently waiting for a refund on all the cashiers checks but we were told it could take 4-6 months. We had no idea.

Does anyone know where we can go or how we can get help to save our home. We are hard working people and have worked very hard on our home and to have a home for our 3 kids.
Any advise is appreciated. Thank you in advance.


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  #2  
Old 12-20-2006, 12:57 AM
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borisf96 borisf96 is offline
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Re: Help! we need advise...

You probably checked HUD website already, but I have nothing better to advise you with.

http://www.hud.gov/foreclosure/index.cfm

Partial claim is probably your best option.



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  #3  
Old 12-20-2006, 01:25 AM
hakeemrahshad hakeemrahshad is offline
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Re: Help! we need advise...

First if your Mortgae was sold to another vendor they must nitofy you ASAP and the new vendor can not fine you for late payments for I think it is 2 months It is a law and if they violated funding laws you can sue them. I am 100% sure they are suppose to notify you of transferring your loan or saling it and the The companycan not except anything late for 30-60days.

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  #4  
Old 12-20-2006, 02:18 AM
jen4c jen4c is offline
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Re: Help! we need advise...

Would it be a good idea to use a loss mitigation company? There is an advertisement for one near me call Mid Michigan Home Buyers and the person's name is Robert Michon. Could anyone recommend this place or any others? Or should I just call HUD?
Thank you again for the help.

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  #5  
Old 12-20-2006, 03:53 AM
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sojustask sojustask is offline
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Re: Help! we need advise...

Quote:
Originally Posted by jen4c
I am going to try and make a long story short. Our mortgage was sold in March of this year. We didn't find out until the end of October. I had 2 surgeries in October and I knew were going to be late with the mortgage so I called the mortgage company and found out it had been sold and we had been sending the payments to the old company. We had been sending certified checks because I am a victim of identity theft and we had to close our bank accounts while we get that straigthened out.
Anyways our new company has not been willing to work with us we have tried to send payments and they have been returned to us. We just received a forclosure letter, when I called them they want $9,846.00 in 7 days to stop the foreclosure. We don't have that kind of money. What do we do and who can we call?
Our current mortgage company is America's Servicing Company. I have looked them up on the web and there are many websites with fraud reports against them.
We are currently waiting for a refund on all the cashiers checks but we were told it could take 4-6 months. We had no idea.

Does anyone know where we can go or how we can get help to save our home. We are hard working people and have worked very hard on our home and to have a home for our 3 kids.
Any advise is appreciated. Thank you in advance.
Do you have all the communications in writing? Do you have copies of the checks? You made a good faith effort to make your house payments and I believe you are a victim of fraud when it comes to this current mortgage company. At this point you need to contact your state attorney general and seek an attorney.

Most mortgage companies do not forclose because of one or two late payments. It usually takes 6 missed payments before they even start those kinds of proceedings. And if you have the refusal letters you can prove that they would not accept payment. Have your hospital records and you might want to get a copy of your phone records to prove that you called the first mortgage company. For one thing, they are in error for not notifying you that the mortgage was sold and have been taking your payments. So they have been acting as a "servicor" of the account all those months. I believe that is illegal as they don't own the account.

You have a case and you shouldn't have to lose your home. Talk to a good realestate attorney, he can stop any foreclosures.

Lady Mod
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  #6  
Old 12-20-2006, 03:59 AM
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sojustask sojustask is offline
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Re: Help! we need advise...

Quote:
Originally Posted by jen4c
Would it be a good idea to use a loss mitigation company? There is an advertisement for one near me call Mid Michigan Home Buyers and the person's name is Robert Michon. Could anyone recommend this place or any others? Or should I just call HUD?
Thank you again for the help.

Check these: http://www.hud.gov/offices/hsg/sfh/nsc/faqnsctc.cfm

Call both and find out what they can do to help.

Lady Mod
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When an honest man/woman who is mistaken learns the truth, at that exact moment, he/she ceases to be mistaken or he/she ceases to be honest.

When we are unable to find tranquility within ourselves, it is useless to
seek it elsewhere.
---= Francois de La Rochefoucauld

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  #7  
Old 12-21-2006, 08:06 PM
jen4c jen4c is offline
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Re: Help! we need advise...

First, I want to say thank you for all the advise. We really appreciate it.

Second is an update.

I contacted and attorney, well I tried 4 others first. This one wants $2500.00 to start and he said he probably can't stop the Sheriff's sale because he was leaving later today and he won't be back until January 5th, which according to him is not enough time eventhough I have a good case.

So I called a Loss Mitigation company. They said they could help us, we needed to fax them financial documents and it would cost us $100.00 a month for 12 months.

Then I called HUD, they referred us to Greenpath Debt solutions. I have an appointment there on Tuesday of next week, they said they try to work out a repayment plan with the mortgage company.

I have appointments with all of these people. Does anyone have any other advise as to which one of these would be the best or even where to borrow the money to get caught up. Our credit looks like crap because of this but we would be willing to pay a high interest rate to save our home.
Thank you again for all the advise.

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  #8  
Old 12-21-2006, 10:03 PM
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sojustask sojustask is offline
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Join Date: Feb 2005
Location: East Texas
Posts: 13,894
Re: Help! we need advise...

Quote:
Originally Posted by jen4c
First, I want to say thank you for all the advise. We really appreciate it.

Second is an update.

I contacted and attorney, well I tried 4 others first. This one wants $2500.00 to start and he said he probably can't stop the Sheriff's sale because he was leaving later today and he won't be back until January 5th, which according to him is not enough time eventhough I have a good case.
Forget the attorney, he had plenty of time to draw up and file paperwork to stop the sale. So far, he has proved himself unreliable.

Quote:
So I called a Loss Mitigation company. They said they could help us, we needed to fax them financial documents and it would cost us $100.00 a month for 12 months.

Then I called HUD, they referred us to Greenpath Debt solutions. I have an appointment there on Tuesday of next week, they said they try to work out a repayment plan with the mortgage company.

I have appointments with all of these people. Does anyone have any other advise as to which one of these would be the best or even where to borrow the money to get caught up. Our credit looks like crap because of this but we would be willing to pay a high interest rate to save our home.
Thank you again for all the advise.
Greenpath will not cost you anything and they can help you re-establish your credit:

http://www.greenpath.com/learn_more.htm#foreclosure

Since they referred to you by HUD, that should be the first choice.

The second would be the Loss Mitigation company. If the Mortgage company says no to Greenpath, try this one. They might have a little more punch.

But forget that attorney. He'll just waste your money.


Namaste'

Lady Mod
__________________
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When an honest man/woman who is mistaken learns the truth, at that exact moment, he/she ceases to be mistaken or he/she ceases to be honest.

When we are unable to find tranquility within ourselves, it is useless to
seek it elsewhere.
---= Francois de La Rochefoucauld

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  #9  
Old 12-26-2006, 03:59 PM
cigs645 cigs645 is offline
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Re: Help! we need advise...

find a reliable attroney. most attorneys file all their motions with the courts electronically these days and most law offices have all the forms they need on their computers ready to go. it sounds like you have a good case and contacted a lazy attorney



Quote:
Originally Posted by sojustask
Forget the attorney, he had plenty of time to draw up and file paperwork to stop the sale. So far, he has proved himself unreliable.



Greenpath will not cost you anything and they can help you re-establish your credit:

http://www.greenpath.com/learn_more.htm#foreclosure

Since they referred to you by HUD, that should be the first choice.

The second would be the Loss Mitigation company. If the Mortgage company says no to Greenpath, try this one. They might have a little more punch.

But forget that attorney. He'll just waste your money.


Namaste'

Lady Mod

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  #10  
Old 12-28-2006, 07:23 PM
Paul Cooper Paul Cooper is offline
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Re: Help! we need advise...

I have been in the mortgage industry for 7 years I currently own an office in Kansas. When the company sold your loan in March they had to have notified you in writing 30 days prior to selling your loan to another lender. You can request that letter from that mortgage holder. Second if it has been 7 months and you have been sending your payments to the first mortgage holder, they should have been forwarding them to the mortgage holder that currently holds the note. This sounds like a case of the right hand does not know what the left is doing. You should be able to conference call both mortgage companies on the phone and resolve this issue and not loose your home. If that does not work I would suggest you contact your State Banking Commisioner, you should be able to find that information on your states website.

Paul Cooper


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