Fight or give it up.....This nightmare has gone on for years....It is a long story but here is the jist of it!......

Asked 6 months ago - Plainfield, IL

In 2009 we filed BK. Mortgage was never reaffirmed with Wells Fargo. At the same time we were trying to get a loan mod. with WF. After a nightmare couple of months we got on HAMP plan. We made every payment on time (scheduled with them autopmts). Then after trial told "Investor does not participate" so we were to come up with arrears!! We were asking for help in another modification even though I thought they breeched contract. While waiting we were served foreclosure papers. We were scared our home would be taken so took out hardship loan from husbands 401K. We paid attorneys fees, etc. to reinstate. The payments were still too high so I wrote letter to Pres. of Bank telling him story we got another mod. after many months and they screwed that up too not disclosing any fees to us.

Additional information

We are now going to court trying to fight pro se. They are trying to ask for judgement. We have to file answer to their motion and go back in May. There will be a hearing then. Either we will win or we wont....

Attorney answers (6)

  1. Alan James Brinkmeier

    Contributor Level 20

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    Answered . What facts do you have that suggest you can win? Or lose? That needs to be the focus for your decision.

  2. Neal Stewart Gainsberg

    Pro

    Contributor Level 12

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    Answered . You need to contact a lawyer who specializes in foreclosures ASAP. There are many remedies that can be brought before the foreclosure court, plus seeking a loan mod. Also I would be wary of any investors or attorneys that have too good to be true short sale options where you can still keep your home. A Chapter 13 case may be a final option to prevent a judicial sale and give you more time.

  3. Henry Repay

    Contributor Level 16

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    Answered . Reading between the lines, I expect that you are not in a position to hire an attorney that will bill hourly to fight the foreclosure. I am not in a position to say where it would go, but I would usually refer a claim like this to a consumer firm that concentrates in violations of the various mortgage acts and regulations and consider other consumer protection provisions. There have been successful cases based on preliminary commitments to loan modifications. Usually, a firm working those cases will do so with a contingent fee agreement.

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  4. Rick Lee Rogers

    Contributor Level 8

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    Answered . Your case is not unusual. We see botched loan modifications regularly. You need to find a law firm with good comprehension and experience in the loan modification arena as well as solid abilities in foreclosure defense. The firm should also have strong capabilities in bankruptcy and mediation to determine all your options. Don't assume you don't qualify or can't get an affordable loan modification, and don't give up. There are so many good modification options out there. However, you do need a good law firm to make sure you get what you deserve. Whatever you do, DON'T GIVE UP! Good Luck, Rick Rogers

  5. Richard D. Granvold

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    Contributor Level 18

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    Answered . You really need to speak to a real estate attorney who specializes in litigation on mortgage loans, modifications, etc. I have one in our state I send all such cases too and the courts memorandum decisions are very long, very factual, very direct, and each includes different law provisions, damages, penalties and interest, etc attorney fees. So make sure you find one in your state who does litigate those. Check with your bankruptcy attorneys to see if one of them have carved out that unique area. I would never try one as it is a unique area of the law beyond bankruptcy and you want someone experience and learned in it..and not practicing on you! Good luck

  6. Venessa Masterson

    Pro

    Contributor Level 11

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    Answered . It appears that you have been through a lot and spent a lot to get where you are. Your best bet is to hire an attorney or at the very least consult with one to see what your chances of winning are before giving up.

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