We are in foreclosure and in the middle of trying to get a modification for our loan. We were served with papers yesterday so it has been filed with the court. I was told that while we were in review they could not foreclose on us. They say the holdup is that they are trying to change the title so it has their name on it as it was sold a few years back and never changed. My question is can they legally pursue a foreclosure if their name is not on the original note? If not what can we do to stop it and what should our next move be. This title thing has been going on for 3 months now and I know that because of our relationship manager thought this would be resolved back before Thanksgiving and we would have an answer for our modification. Thank you in advance for your advice,
It sounds like there may be some problems with this foreclosure. You should consult with a foreclosure defense attorney to see what your rights are. If this is one of the big five mortgage servicers, then they really shouldn't be foreclosing during the loan modification process. Under SC law, you only have 30 days from the date you were served with the papers to respond, and it would be best that you hire an attorney quickly to preserve your rights to respond. It may be possible that they can pursue a foreclosure if their name is not on the original note, but that would depend on whether the note has been properly transferred to them, which will require legal analysis by an attorney trained in the UCC.