Countrywide has filed the Lis Pendens and Complaint despite us being told by BoA that our loan modification process is well under way. We followed the rules and notified BoA prior to my husband losing his job but before our first payment was late. We were told we had to be several months behind before we could be helped (this was April 1st). Also, apparrently our promissory note is held by Freddie MAC, not Countrywide or BoA.
Should we contest the Lis Pendens / Complaint? In our case, what would be the appropriate legal verbage? I believe the filing by Countrywide is not valid. Obviously, if we can't afford the monthly payment, we can't afford a lawyer. What is the best way to handle this on our own?
Landlord / Tenant Lawyer
Don't assume that you cannot afford a lawyer. I am willing to discuss this by e-mail (email@example.com) or telephone initially and you can then make a determination whether you can afford an attorney.
I do not believe that you should try to answer the foreclosure complaint on your own. You should have twenty days in which to file a response. Contact an attorney immediately and be prepared to provide the date the Notice of Lis Pendens and Foreclosure Complaint were delivered to you. You should also have a copy of the mortgage statement available when you talk to the attorney.