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

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?

Manhattan, IL -

Attorney Answers (2)

Tara Leigh Goodwin

Tara Leigh Goodwin

Real Estate Attorney - Chicago, IL
Answered

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... more
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Bradford David Miller

Bradford David Miller

Real Estate Attorney - Chicago, IL
Answered

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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