Posted on: 29th Jun, 2011 07:34 pm
I had a modification agreement I paid seven months my oncology center paid three months aug, sept, october the mortgage co. cash the check I sent the next payment it was returned and they put my house in foreclosure. It has now been sold at the Sheriff's sale. Is this a breach of contract?
Hi eddiesteen!
Welcome to forums!
If you've paid the mortgage payments every month on time, then the lender should not foreclose the property. Moreover, before foreclosing the property, you should have been informed about it. If you haven't been informed, then that's illegal and you can take legal actions against the lender.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you've paid the mortgage payments every month on time, then the lender should not foreclose the property. Moreover, before foreclosing the property, you should have been informed about it. If you haven't been informed, then that's illegal and you can take legal actions against the lender.
Feel free to ask if you've further queries.
Sussane
where do I go to start legal action I only have to July 6, 2011
I was told that if the mortgage co. sent out letters they are not responsible for me receiving the letter. The mortgage said the foreclosure is not for nonpayment but they sent letters that I did not receive.
I have a housing counselor and should he have been notified?
I was told that if the mortgage co. sent out letters they are not responsible for me receiving the letter. The mortgage said the foreclosure is not for nonpayment but they sent letters that I did not receive.
I have a housing counselor and should he have been notified?
where do I go to start legal action I only have to July 6, 2011
I was told that if the mortgage co. sent out letters they are not responsible for me receiving the letter. The mortgage said the foreclosure is not for nonpayment but they sent letters that I did not receive.
I have a housing counselor and should he have been notified?
I was told that if the mortgage co. sent out letters they are not responsible for me receiving the letter. The mortgage said the foreclosure is not for nonpayment but they sent letters that I did not receive.
I have a housing counselor and should he have been notified?
You should consult your mortgage broker expert and let them analyze your situation. You have to know the terms of your agreement and check if there's something wrong with it.
Clearly, in the first instance, your account must have been in distress to begin with, or else the modification wouldn't have been granted by the lender.
If you breached the agreement in any fashion, and that would likely include being a day later than allowed; then the lender would certainly seem to be in its rights to bring about the suit for foreclosure.
As for any sort of legal action that you might bring, you'll obviously need to obtain legal counsel. That you have a housing counselor working with you is undoubtedly beneficial to you as well. You'll have to ensure that you've got all documentation available to prove that you've done precisely what was required in the modification agreement if you wish to win this proposed case.
If you breached the agreement in any fashion, and that would likely include being a day later than allowed; then the lender would certainly seem to be in its rights to bring about the suit for foreclosure.
As for any sort of legal action that you might bring, you'll obviously need to obtain legal counsel. That you have a housing counselor working with you is undoubtedly beneficial to you as well. You'll have to ensure that you've got all documentation available to prove that you've done precisely what was required in the modification agreement if you wish to win this proposed case.
