HAFA offered then a Foreclosure Summons served at the same time I'm in review for HAMP/MHA trial mod..huh?

Asked over 3 years ago - Lisle, IL

I've been trying to get a HAMP for nearly 2 years now. I've had to reapply 3 times. First time application was lost, second time It was cancelled due to non-reciept of docs - which I proved was incorrect. Now this third time I'm currently in underwriting awaiting decision for another HAMP trial mod. This week I received an app for HAFA and I was also served with a foreclosure summons. I have 14 days to request the HAFA and 30 days to answer the summons but I haven't got my re-apply HAMP decision yet. My understanding is that I cannot have both a HAMP app and an HAFA app simultaneously. But that's what they're asking me to do. No guarantee they'll have a decision on my 3rd HAMP trial app within either of these deadlines. I am being forced to choose HAMP of HAFA and must lose one for sure.

Attorney answers (4)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Your situation is too involved for an online answer.

    Using the written documentation you have is a good place to begin. Contact a local lawyer - many may give you a short free consultation - to discuss your specifics. Far too many variables exist in the short post you wrote for any further observation by me. Many attorneys have information posted here on Avvo.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you. God bless. Best of luck to you.

    If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

  2. Rick Lee Rogers

    Contributor Level 8

    Answered . You’re in foreclosure now, so you most definitely need to consult an attorney. Don’t delay.

    Your circumstances are not particularly unusual or surprising. You just got caught up in the standard bumbling, bureaucratic modification process. At this time, you need an attorney skilled in the modification process and the foreclosure process to identify your options and advise how best to pursue them. If you and your mortgage qualify for HAMP, you’re not in bad shape. Do you know that to be the case? That’s where you should start.

    By the way, the modification business is not a complete scam. You can determine if you qualify for a modification and you can get that modification if you persist. Unfortunately, banks make the process so cumbersome, it often seems impossible for the average homeowner or his or her attorney to get one. However, there are attorneys very successful at obtaining loan modifications. Find one!

    Along with loan modification and foreclosure defense, be sure to research and understand your bankruptcy options. Bankruptcy can sometimes be a spectacular strategy, but probably not in the majority of cases. Still, you should understand bankruptcy options and how they might help you keep your home.

    Don’t delay and don’t give up.

    Best of Luck,

    Rick

  3. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”

    PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!

    You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!

    Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.

    I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.

    Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.

    Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…

    When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.

    Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!

    Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!

    Good Luck!

    REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

  4. John Dale Wiley

    Contributor Level 10

    Answered . You should definitely hire an Illinois attorney who is up to date on foreclosure law. My experience has been that the modification business is a complete scam. I would seek out how much information they truly have on your loan. That may be a more fruitful argument.

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