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Can I be foreclosed on for only being 3 months behind on my mortgage?

Manhattan, IL |

The property is a condo in South Carolina, the service provider is Nationstar Mortgage. I am trying to get a modification but every time we fax paperwork to them they keep claiming to have not received it. How many months behind do I have to be before they can foreclose on the property, also what other options do I have to stop the foreclosure is it starts. And what are they government agencies that I can contact to discuss how Nationstar is basically refusing to work with me to get a permanent modification done?

Attorney Answers 2


Try contacting the Illinois Attorney General's consumer division, and the equivalent agency in South Carolina, if they have one. They can file a foreclosure who is only three month's behind. If your local court has a mediation program, that might help you resolve the foreclosure. Otherwise, you will need to see a local attorney to discuss what defenses might be available to you.

The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.

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My office handles many short sales and people tell us all the time that they tried to do a loan modification but could not get one. Its not surprising to me that the bank "lost your paperwork." I believe the truth is that they do not want to do the loan modification. It seems like only 1% of the people I talk to actually succeed in getting a loan modification. Regarding the foreclosure process, typically the bank will START the foreclosure process after you are 3 months behind. The entire foreclosure process usually takes around a year in most states, sometimes longer. You can try doing a short sale or a deed in lieu of foreclosure but I would recommend talking to a South Carolina real estate attorney about those two options.

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