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A court date has been set on a home foreclosure ..... do we need an attorney present to represent us?

Greer, SC |

Have tried to work with Bank of America for a deed in lieu of, but got no where. This foreclosure is due to losing my job and I am a single Mom. I used all my savings up while out of a job making payments and living; when all savings were gone I could no longer make payments.

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Filed under: Foreclosure Real estate
Attorney answers 2


You should consult with an attorney in your area who deals with foreclosure defense cases and will be able to you advise as to your specific case. If the sale of the property was scheduled by the court, you need to move quickly to have the sale cancelled, if you need/want more time in the house.

You may have an opportunity to save your home. Call Bank of America and ask whether you are eligible for a loan modification pursuant to the recent national settlement. Bear in mind that if Bank of America advises you that the sale is cancelled or that you may be eligible for a loan modification, you still have to confirm with the court or the attorney for Bank of America to ensure that the sale of your home is/will be cancelled (check the court documents served/mailed to you to find out who the attorney for Bank of America is and his/her contact information). By simply being told by a bank representative over the phone that the sale is/will be cancelled is not a guarantee that the cancellation will occur and the bank's attorney or you will have to take steps to request that the foreclosure sale be cancelled.

Please review papers that you may have recently received in the mail by Bank of America or a servicer related to a loan modification (maybe even with a principal reduction), even if you did not apply for a loan modification. I have seen a few of these offers lately where my clients ignored the documents because they have become accustomed to receiving so much correspondence from the lender or servicer that even legitimate offers go unanswered. If you have received such an offer, contact the bank’s attorney and inform him/her of your intentions to save the home and find out whether he/she will agree to cancel the sale. If you cannot come to an agreement, then request a hearing with the court and advise the judge that you have started paying pursuant to the loan modification terms and that the sale should be cancelled/postponed. There is no a guarantee that the court will cancel the sale at this point but it is worth trying.

Contact the legal aid office in your county and figure out whether you are eligible for its services.


You need to call Susan Ingles quickly. She can help you with this issue. Don't go to court until you have met with her. Here is her information.

Senior Staff Attorney
Consumer Law Unit Head
S.C. Legal Services
Greenville Office
701 South Main Street
Greenville, SC 29601
864-679-3244 (direct line)
864-679-3260 (fax)

The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.

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