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Darren Paul Mayberry

Darren Mayberry’s Answers

6 total

  • I started a loan modification process in October and it is still ongoing. Could I pursue legal action?

    I have provided the same information multiple times to the loan servicer or they ask for documents now that they never requested before, months after the process started. I complained about a supervisor. The loan servicer has been more difficult t...

    Darren’s Answer

    Unfortunately, even though the loan servicer has a duty of good faith and fair dealing, the loan servicer has no duty to sign what the law typically regards as a new contract, and that's exactly what you are requesting. Your request for a loan modification is responsible and probably quite reasonable, but the loan servicer is under no obligation to sign a new contract.

    Your options would depend on the wording of the mortgage, particularly with regard to what steps the loan servicer could take to verify your income. I recommend speaking with a lawyer, particularly if you feel you are losing control of the situation.

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  • How can I leave my mortgage without foreclosing?

    About 2 years ago we took out a home loan on a cute little double wide & the property it was on, which had gone into foreclosure. In recent months the mountain behind us (maybe 10-15 ft away from our home) has begun falling continuously and we've ...

    Darren’s Answer

    This sounds like a very unique situation. You will want to consult a local attorney to review all of your options. For example, a solution may involve a review of your homeowner's insurance policy.

    In the meantime begin documenting the collapse of the mountain as best you can. The better you can illustrate the problem, the greater the likelihood you will have of finding assistance. Perhaps a video log is impracticable, but you will want to document the collapse of the mountain in a daily journal, at the very least.

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  • I have a house that i filed bankrupsy on and the bank is refuses to foreclose on it , what can i do on a legel stand point

    the bank is bank of america and i filed bankrupsy in 07 when the loan was first franklin

    Darren’s Answer

    You will need to make a motion in the foreclosure action. You will ask the judge to either allow you to sign over a deed to the bank or have the bank's lien voided. The judge may not allow it. But if your bankruptcy was in 2007, you've been extremely patient.

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  • I have had problems making my mortgate pymt. The co. is taking a lot of time on the modification. I am scared of losing my home.

    i had problems making my home loan. They did a modificaiton but didn't include the changes in my income so I contintued to have problems. They are now taking a look at my income changes but it has taken a long time. They have been reviewing it and...

    Darren’s Answer

    Document, document, document. Keep a full pad and paper by the phone (better to forego electronic mediums for this task). Each time you deal with the bank/servicer, document the time, who you are speaking to, what they told you, and what they asked for. If the bank's agent makes a promise, document it. If the bank's agent shares an opinion on your case, document it. If the bank's agent makes a rude statement, document it. If the bank's agent promises to get back to you within a certain time period, document it. Imagine you are documenting this for a jury, and treat these records with seriousness and organization. This is how you take back control.

    Your experience is all too typical. But you've made the right choice consulting Avvo. If you continue to be concerned, consult a local attorney in Lexington. You have certain rights under RESPA that entitle you to information on your mortgage.

    Meanwhile, do not fall further behind on your mortgage payments. If the bank refuses to accept payments, you should consult an attorney, and you should also put your mortgage payments in a separate designated bank account each month.

    Good luck!

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  • A loan modification was approved for trial payments, can the lender schedule another foreclosure sale date?

    I was notified in July 2012 of a foreclosure sale date set in Sept. I had also begun review for loan modification. My case worker requested a postponement of the sale date, and was granted a, "sale date removal". Within the week the trial modif...

    Darren’s Answer

    If you received a bona fide notice that states your trial modification was approved, then you have a valid defense against the foreclosure.

    Your lender is 'estopped' from foreclosing on you, because it agreed to modify the terms of your loan. In addition, they are in breach of your new loan modification contract.

    You also mention a 'trial modification.' Was this a Home Affordable Modification Program (HAMP) loan modification?

    The lender need not be the original lender, but it must have an 'endorsed' note evidencing its 'holder' status. Sometimes the note will be recorded along with the mortgage in land records. And sometimes a copy of the note will be included in the foreclosure complaint. But sometimes the lender lacks a copy of the note, or the lender has the note but it is not properly endorsed. This can also provide a defense.

    Don't hesitate to find a Louisiana lawyer in your area.

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  • Can i sue for breech of contract to get my money back?

    i rent to own my home. I have roughly paid 30,000 on the property in the past four years. I even pay the property taxes. The owner is filing bankruptcy on my property. Do i legally have a leg to stand on? What options do i have. Can i get my mone...

    Darren’s Answer

    What kind of bankruptcy is the owner filing? If a Chapter 13 Repayment, you should file a Proof of Claim with the bankruptcy court stating your claim on the property. If a Chapter 7 Liquidation, you should assert your legal interests anyway.

    Your basic contract rights are partly determined by the wording of your contract.

    You may, in addition, have an equitable claim to the property, particularly since you have been paying the property taxes.

    You have a strong claim to compensation for the costs of moving out and finding a new residence. Unfortunately, bankruptcy proceedings may well cut off collection on these rights.

    Your legal rights may not be enough here. But you have a large practical advantage: you are a renter occupying a home (that appears to be) headed for foreclosure. Banks usually take a huge financial hit on foreclosure sales, and are often eager to deal on favorable terms with renters who occupy distressed properties.

    You will want to notice the court in the upcoming/current foreclosure action that you are a renter occupying the property. You have rights under the Protecting Tenants at Foreclosure Act of 2009.

    The minimum right allows you to occupy your home for 90 days after the foreclosure sale, but your contract-lease may allow you even more time.

    Hopefully, this answer has been of some help. Good luck.

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