Our mortgage servicing company is going to send forclosure notice- how long do we have before we have to move out or get help?

Asked almost 3 years ago - Jay, FL

Husband and self out of work for two years. Sold all land and cashed in all 401K to survive. Husband now working, not as much money as last job. Three months behind. Sent them partial payment they sent it back. Have tried twice for remodification loan. Tried for unemployment deferral with servicing company- they said he didn't qualify(he was unemployed).They have stopped calling. I know that this is not a good sign. They are a servicing company. They do not hold our mortgage. Can they foreclose? I read that they can't.

Attorney answers (4)

  1. Sheryl Ann Edwards

    Pro

    Contributor Level 12

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    Answered . Take a deep breath - you are VERY EARLY in the foreclosure process and have months, if not years before you can be removed from your property. The first step in the foreclosure process is for the lender or servicer to send you a "notice of acceleration" or "notice of default" giving you 30 days to pay a sum of money to cure the default. This sum is typically equal to the past due payments and a late fee. If you do not make that payment in 30 days you do not need to do anything else to preserve your rights, although you can dispute the amount that the lender is seeking if you feel that the calculation is incorrect. The next step is for the lender to file an action for mortgage foreclsoure and serve you by process server or sheriff. YOU MUST hire an attorney or file a response to the complaint within 20 days of your receipt of the complaint otherwise you may lose your right to defend the case in the future.

    Under certain circumstances, the servicer can be the Plaintiff in an action for foreclosure. I would stongly advise you to hire an attorney - if you cannot afford an attorney, you should check with the legal aid office in your county. Good luck.

  2. Marshall C Deason Jr.

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    Contributor Level 20

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    Answered . Attorney Edwards have given you excellent advice. I would like to add that now that your husband is working, your cirucmstances have changed. You may now qualify for some type of mortgage modification program. Keep talking to your lender and let them know your situation. There are several new programs that have been instituted in the last couple of months that offer new solutions to homeowners.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  3. Michael S ('Mike') Hagen

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    Contributor Level 13

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    Answered . I agree with the previous well written answers. I too advise you to now reapply for the loan mod and advise that you can do this yourself if you have the time and inclination. If the loan mod effort is unsuccessful a short sale may be a key strategy in order for you to get closure, but certainly have attorney representation especially at the stage of reviewing the short sale lender's approval letter to ascertain whether the sale is in full settlement or whether the lender reserves the right to further collection activities against you.

  4. Margery Ellen Golant

    Pro

    Contributor Level 20

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    Lawyer agrees

    Answered . While in fact Florida law requires that the foreclosure be done by the real party in interest, in fact servicers are foreclosing every day, because they have managed to confuse the judges and to confuse the law as to who wears what hat. In addition, there is a bill moving through the Florida legislature right now that, if it passes, will confuse matters even more.

    There most definitely is a new government program which provides forbearance for people whose default was caused by a loss of jobs, However, the mortgage servicers do a terrible job of handling requests by borrowers for modification and or for assistance. Although they are not qualified to do so, they often give borrowers incorrect advice, and often make matters worse for them.

    You need an attorney who really understands this area of law, since there are several options open to you. One may be to defend the foreclosure, depending on all the details. Another may be Chapter 13 bankruptcy - in a Chapter 13, the creditor is required to accept your payments, and the arrears (the three months that you apparently owe) can be repaid over the life of the Chapter 13 plan, which gives you 36-60 months to pay that amount in equal installments. Without knowing the amount it is difficult to say, however, this should result in a pretty manageable repayment plan.

    Speak to an attorney in your area quickly, before the arrears get any worse, who is knowledgable about foreclosure defense litigation and Chapter 13 bankruptcy.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more

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Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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