Posted on: 10th Mar, 2011 05:52 pm
We had a three month short term contract for decreased payments offered last April when my spouse lost their job for four months The new salary is 1/3 the old and we have been fighting for loan mod under HAMP since then.. We having been paying the old full payments after the three month decreased contract that Indymac initiated last Spring. They have been jerking us around since although we qualified. In Jan we found out from a realtor note on our gate that they foreclosed on us. After much detective work we found out that they considered the three months that they gave us to "help us over the hump" ( a signed contract mind you) a default and filed foreclosure in a nonjudicial foreclosure state WITHOUT EVEN NOTIFYING US. The Realtor was our notice. We have been advised by two loan mod firms NOT to pay March because it will mess up the April posting and then the trial will look like a default too. Someone help us sort this out. We never defaulted to begin with and on top of it we just found out that all our full payments have been posting to our false arrears and fines any way despite our complaint about it all. They have never responded to our RESPA request either. We don't want to screw it up. We feel should pay it because it will at least be more than what they are asking for in the trial by $1000. We need to know before March 15 Thank you.
Hi purplecoach2,
Welcome to Mortgage fit,
As far as your foreclosure is concerned it can be termed as foreclosure by 'power of sale'.
"Foreclosure by power of sale, also known as nonjudicial foreclosure, is authorized by many states if a power of sale clause is included in the mortgage or if a deed of trust with such a clause was used, instead of an actual mortgage. In some states, like California, nearly all so-called mortgages are actually deeds of trust. This process involves the sale of the property by the mortgage holder without court supervision (as elaborated upon below). This process is generally much faster and cheaper than foreclosure by judicial sale"
Coming back to the question....
They have foreclosed your home with a non-judicial process.So you hardly have any choices left other than discussing the whole scenario with the lender.So if you wish to go for non-coperative way by not paying or not intimating them about your case,you will be in big ditch as far as credit is concerned.
SO it is advisable that you keep in touch with lender and somehow convince them that you are unable to pay the march payment but you can surely arrange for the april....Thus you will accomplish both the thing..(Make sure you pay in April)..
Keep in touch.......
DIPA
Welcome to Mortgage fit,
As far as your foreclosure is concerned it can be termed as foreclosure by 'power of sale'.
"Foreclosure by power of sale, also known as nonjudicial foreclosure, is authorized by many states if a power of sale clause is included in the mortgage or if a deed of trust with such a clause was used, instead of an actual mortgage. In some states, like California, nearly all so-called mortgages are actually deeds of trust. This process involves the sale of the property by the mortgage holder without court supervision (as elaborated upon below). This process is generally much faster and cheaper than foreclosure by judicial sale"
Coming back to the question....
They have foreclosed your home with a non-judicial process.So you hardly have any choices left other than discussing the whole scenario with the lender.So if you wish to go for non-coperative way by not paying or not intimating them about your case,you will be in big ditch as far as credit is concerned.
SO it is advisable that you keep in touch with lender and somehow convince them that you are unable to pay the march payment but you can surely arrange for the april....Thus you will accomplish both the thing..(Make sure you pay in April)..
Keep in touch.......
DIPA
Hi purplecoach,
You should immediately contact a real estate attorney and take his help in this matter. The lender should formally inform you about foreclosure. Unless he informs you, he cannot foreclose the property.
Thanks
You should immediately contact a real estate attorney and take his help in this matter. The lender should formally inform you about foreclosure. Unless he informs you, he cannot foreclose the property.
Thanks
I've never learned so much from any other blog. Enjoyed reading this today.
I HAVE BEEN TRYING TORESOLVE THIS SINCE 2/2010 . I HAVE PAID OUT 1600.00 DOLLARS TO HAVE MY HOME MODIFICATION DONE BY A COMPANY. I HAVE NOT GOTTEN ANY RESULTS AT ALL. I AM VERY SCARED ABOUT LOSING MY HOME. MY CREDIT IS NOT EXCELLENT AND I AM LOOKING FOR SOME TYPE OF HELP TO RESOLVE THIS.
Hi Guest!
Welcome to forums!
It is better to contact your lender and apply for a loan modification rather than taking help from loan modification companies. At times, the loan modification companies turn out to be scams.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
It is better to contact your lender and apply for a loan modification rather than taking help from loan modification companies. At times, the loan modification companies turn out to be scams.
Feel free to ask if you've further queries.
Sussane