My home has been foreclosed on without any knowledge to us.

Submitted by toga_tlg on Wed, 12/16/2009 - 05:25
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We were unaware of the sale even happening. theo company pulled a fast one on us and to boot we were still making timely payments. My attorney advised us that the best way to save our home is to file for bankruptcy before the hearing of eviction will take place. He assures us that even if the sale has taken place, in which the mortgage company repurchased the property as it was not sold at auction, we can still retain the home as we can make the mortgage company work with us and they can no longer try to force us out of our home. I just need to know if this is the best thing to do or if this is true.

(Just thinking outloud here..) How can they do ANYTHING if you were making timely payments? They didn't notify you of anything?! One of the Experts will be by shortly to help you. Hope things DO work out with you....good luck.

Wed, 12/16/2009 - 18:26 Permalink
Anonymous (not verified)

Thanks. I know this is a nightmere! We don't know what to do. We didn't receive any notice at all and are trying to fight it, but it may be too late. This took place in August and didn't find out until about 7 days ago.

Thu, 12/17/2009 - 00:18 Permalink

How can they even do this if payments were made on time. If I read your post correctly you said you were making timely payments. If this is the fact I would call the atty general in your state and see if he could help take care of the matter. I would imagine with something like this they would jump in and help as soon as possible. I would also follow your atty advice. He is skilled in the law and would know what the best route would be to go. Remember you do not want to sit and wait. Get it done as soon as possible so you do not loose your home. I also would like to know who this mortgage company is.

Thu, 12/17/2009 - 20:46 Permalink

My house was getting ready to be taken from me as well. So I filed bankruptcy and walked. Two month later my mortgage company decided they wanted to work with me. And they did they sit up a repayment plan so I could get the payments caught up. The only thing my lawyer told me was not to sign anything reinstating the loan because if I found that later on down the road I couldn't afford it I could walk and owe nothing. But if I signed and got behind again. I would be responsible for the loan. But you have to make your payments if not they can kick you out again because it is their house until it is paid for. Then it belongs to you.

Fri, 12/18/2009 - 02:10 Permalink

DEBRA...you had no warning of any kind? i would think you would get SOME notification what would happen. I'm NOT saying you didn't or did...I'm just saying I would think whatever comapny you used would have to give you SOME kind of time to 'catch up' on things, etc. I DO have to admit, however, I've never owned a home, so I REALLY don't know how much time ( or how LITTLE time) they can give.

Fri, 12/18/2009 - 02:32 Permalink

Oh yes I had plenty of warning but I had gotten injured at work and was out of work for awhile and got behind. At first I had two mortgages and was behind on both and couldn't afford the payment plan they both wanted to set up. And neither would lower what they were asking. So I had no choice but to file and walk. The only way I was able to safe my house was to settle with the second with the money I got from my settlement. Then I could afford to pay what the first wanted. Now my income is way more than what I was making when I was working. I guess luck has been on my side here lately. I highly recommend people having disability insurance on their homes. If I would have had it I would have never been in the situation of loosing my home. I never dreamed this could have happened to me. But it goes to show you life throws you curve balls when you least expect it.

Fri, 12/18/2009 - 03:09 Permalink

Debra, Yes your are absolutely correct. Death and disability insurance are the two top insurance (and fire) to have on your home. Your home is your life long investment so it needs to be protected. A person never knows what life can or will throw at them so the best way to avoid a disaster is protection. I am glad you were able to remain in your home, all stories do not turn out this way. My mother in law had none of the above protections and when her husband got sick she got behind on payments soon after he died and she lost the house. No one in the fmily could help because she was so far behind it would have been impossible to catch it up.

Fri, 12/18/2009 - 17:00 Permalink