WHAT'S YOUR MORTGAGE STORY? HERE IS ONE OF OURS.... Contact us with your mortgage story!
We had a client who was profoundly, like 10 years of payments, behind on her mortgage. She had he had filed bankruptcy and opposed foreclosures, and by the time she came to see us, the sheriff was up on the stage auctioning the property at a foreclosure sale (well, just about, maybe 3 days before).
The bankruptcy case was dismissed by the court and the client submitted an ON TIME loan modification application before the next sheriff sale date. The client had saved every paper that she ever got from the servicer and kept copies of the documents she sent to the mortgage servicer.
DID YOU KNOW! There is a federal law that says if a “substantially complete” mortgage modification application is received by the lender more than 37 days before a sheriff foreclosure sale, the sale can't go forward until the lender either accepts or denies the borrower for a modification.
We had to appear before the county Judge to stop her Sheriff Sale from going forward. So we went to court, at about 11:00 am and the sale was scheduled for 2:00pm. We asked the court to hold off the sale until the result of the loan modification review was complete. And lost! We went back to the office and notified our client of the Judge's Decision.
At about 1:00 pm we got a call from the courthouse asking us to come back over. The Judge reversed her decision. She had taken the trouble to go back and check out the law we pointed out in my papers, and decided the sale had to be delayed. THAT HAS LITERALLY NEVER HAPPENED TO ME BEFORE!
Ultimately, the sheriff sale went forward at a later date because the Mortgage Servicer REFUSED to review the timely application.
The client had to go through the unpleasant eviction process and attended a couple eviction hearings to postpone the eviction date.
"Okay so what now?" we said to ourselves and the client said "NOW WHAT?". So, we were able to file a State Court Complaint against the mortgage servicer to protect her from losing her home. We DID NOT argue that she did not owe money, we DID NOT argue chain of title, we DID NOT argue sovereign citizen. We sued the mortgage loan servicer for not recognizing the borrowers rights to have a completed loan modification application reviewed. "Refusing" to review an application is not an option for a servicer.
After some back and forth in State Court. The client was approved for Loan Modification.
Now the borrower has a house, a mortgage she can afford, and a relieved lawyer. But if the client hadn't worked with us by having all of her papers, and following up on her loan modification and keeping in touch with us, and if we hadn’t worked with her by hanging in even after the fight was lost, things would not be better now.
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