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Mortgage Mediation

Holmdel, NJ |

I went to mediation about 1.5 months ago and was requested to submit paperwork, i.e. pay stubs, bank acct, etc. by the mortgage company's attorney, which was done immediately. Now I receive a document stating Notice to enter judgment and mediation paperwork to fill out again to include all my financials, which i already sent in March. Am I missing something??? Is this company playing games??? I've been filling out paperwork for the past 8 months trying to get this resolved. Part of the Mediation packet is a HUD proposal which I already know cannot be done since the HUD counselors lost funding and cannot come to mediation anymore. I'm almost thinking that this company does not know what is going on. Want to contact them via email and ask "what are you doing" but don't know if that is a goo

Attorney Answers 3


This seems to be the way many lenders operate. You should attend every hearing, and explain what is going on to the judge. You should consider hiring a foreclosure defense attorney to represent you. If that is not possible, most communities have legal services organizations that may be able to assist you.

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I have seen applications for short sales and mortgage modifications stalled precisely because the lender continues to ask for more and more documents from the borrower. On the one hand, the lender wants the most up to date information to support the application, and to support the bank's final decisions. On the other hand, it's entirely possible that the continued delay occasioned by the lender's repeated requests for more documents could be interpreted as the bank engaging in bad faith negotiations.

I suggest you immediately bring your case to an attorney for a review of your specific facts. I wish you the best.

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File a Chapter 13 bankruptcy case if you can afford to cure the mortgage arrears over a 5-year plan, or use the Chapter 13 to refinance. Consult with an experienced bankruptcy lawyer. You have waited long enough for the bank to offer a helping hand. It sounds like it's time for you to take matters in your own hands. Chapter 13 would give you that opportunity, if you can afford the monthly payment to the trustee or there is an ability to refinance.

This answer does not constitute specific legal advice or create an attorney-client relationship between Glenn R. Reiser, Esq. or LoFaro & Reiser, LLP and the individual or company whose posts we are responding to.

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