Belt Auction

Home in foreclosure (I think).?

I rec'd a letter from an attorney for my 1st mortgage co (80/20 loan) saying they were going to foreclose on my home. This came as a surprise to me; I contacted the mortgage co asking for some type of loan modification and didn't receive a reply. I checked; in my state the attorney has to mail me a certified mailing, signature required foreclosure deed at least 30 days before putting the 1st ad in the paper advertising a foreclosure auction on my home. They have to place 3 consecutive ads at least 21 days before the auction, so from the certified letter to date of auction is at least 51 days. No one was home to sign for the certified mailing and it was never delivered. I notified their attorney (before I realized the importance of that mailing) that we had not rec'd it and to please redeliver. They ignored me. In the meantime, I continued to try to contact the mortgage co. Our phones don't work consistently so I was mailing faxing and USPS mailing them (incl Delivery Confirmation) and they didn't reply to any of my attempts - at least 7 letters - except with 2 exact same form letters saying "We need more information, please call or fax us". Even though they didnt ask for it, I figured they'd want a letter of hardship and income info so I faxed and mailed them the letter along with paystubs and an income statement. No reply. Meanwhile I never rec'd that certified mailing so I started to think the mortgage co halted foreclosure as they could see I was sending them materials trying to work something out. I checked local papers every day and could not find any auction ad. Then the day of the supposed auction came and people showed up. No one got out of their cars and everyone was gone in 10 minutes. No one talked to one another so I don't know what on earth happened. I was prepared to go out and intercede since according to the laws in my state the auction would be invalid as I never received the certified mailing or saw the auction ad(s). As the homeowner I have every right to bid on my own property but I wasn't given the option because up until that day I didn't even know if it was happening or not! About an hour after the auction I received a fax from an actual person at the mortgage co saying they wanted my phone # to work on my case...I notified them AGAIN that I don't have a working phone. That's been it. So now I have no idea what's going on. I'm 8+ months pregnant with my 4th child. I've notified the mortgage co of this and they apparently don't give a rat's a** and can't be bothered to let me know if they are doing something or if they halted foreclosure as I requested or what. Right now I'm in total limbo. What do I do? Every real estate person I've talked to is more than happy to assist me in short-sale, every lawyer wants to help me file chapter 13....but I want to keep my house!!!! Are there any mortgage negotiators that are legit and yield results for people out in yahoo land? I just don't know where to turn...I feel like no one has my best interests in mind and are only interested in making money off me one way or another. What do I do? It can't be legal or ethical for these people to operate like this and keep people totally in the dark! A. Don't pretend to know anything about me. I have been making monthly mortgage payments which is why this is a suprise. I sent them over $1400 days before I rec'd the atty letter. I've contacted them in the past and was told they would put the past-due amount on the back end of the mortgage and that was it, then a few months later my statements are showing a balance due and a past due balance in the thousands. I've talked to several people there in the past at various points that cant keep track of anything their fellow associates setup. B.) I did not "refuse" the mailing whatsoever. I signed the green card USPS left that it could be left at my home. USPS took the green card and never left the mailing. The law verbatim: "No notice shall be valid or effective unless the mortgagor has been mailed written notice of the time and place of sale by certified mail return receipt requested at the address of the real estate...at least thirty (30) days for individual consumer mortgagors

Public Comments

1. Talk to your lawyer about Chapter 13 because it helps protect your home from foreclosure. I wish there was a way for you to obtain a phone. I can't imagine raising 4 children without access to reach emergency services if necessary. That is a very scary predicament you are in. I hope everything works out. Sounds like some very poor communication on behalf of your lender.
2. You need to get your local yellow pages and find a real estate attorney that will defend you and help you keep your house. You should try to have a working phone as well. I couldn't imagine having kids and not a working phone line. I can't even go without my cell phone now because I want to be reached no matter where I am in case of an emergency. Also my daughter (8) knows the number by heart and can call me herself if she is ever in trouble. But back to your problem, find an attorney who will help you. Yes it will cost you money, but it's better than losing your hose. Good luck!
3. You are not totally in the dark - you haven't paid you mortgage and you know that. You know that the bank is trying to foreclose. The banks have stacks of documents from people in your same situation - and none of them are getting preferential treatment. It is like me calling a service person and finding his line busy - I put that task aside and get back to it when I get a chance. The same is probably happening to you without a phone. They want to talk - you aren't available. Letters get put in the stack. If you can't make your house payments you probably are headed for bankruptcy - maybe it would be wise to get some sound financial advice from an attorney. As for bidding on your own home - you have to have the cash at the time of the sale.
4. I talk to people every day in similar situations. I work for the most legit modification company and I can help answer your questions via email if you don't have a phone. Feel free to contact me.
5. First you need to understand that they are not required to obtain your signature on a certified letter. They sent it, it does not matter if you accepted it or not, they met the requirement. Having children has nothing to do with your mortgage arrangements. Almost all families eventually have kids, there is no "free house" pass for popping out a kid. At this point in time the better business bureau has yet to find a legitimate negotiation company, you are still on your own. (I checked this morning) You need to find out if your house was auctioned, it is was you have 30 days to pack up. Hire movers with all that money you have not been paying the mortgage company.