My husband passed away 5 years ago and I found out he had not been paying the mortgage for quite some time. I contacted the company and they told me my mortgage had be sold to specialize loan servicing. For 5 years now I have tried to modify the loan with no success and in January filed bankruptcy. I have now for 10 months sent in everything they have asked for and they keep telling me they need something else. This has been the most stressful time for me and my children and I don’t know what else to do!! Any thoughts?
No sure what your cause of action would be. There is no right to a modification.
Nonetheless, your bankruptcy lawyer should be guiding you through the process.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania.
You do not indicate which chapter you filed bankruptcy or what its status is but since you also applied for a mod and are getting nowhere, it could indicate that your income is too low to qualify. However, there are so manyother possible factors that may be working against you that the whole picture needs to be reviewed by an atorney who specialises in saving homes as we do. It may well be that your mod application can be shaped up to be a winner.
At any event, It is very unusual for a lender to wait this long (5 plus years) to foreclose, some of which delay is of course due to Governor Wolfe's moiratorium on foreclosures. The CDC has extended this to the end of the year but it is very important that you have a battle plan in place for whatever is to come afterwards. We expect a massive lender movement to foreclose is coming in 2021.
I sincerely hope this response proves helpful to you. HOWEVER, THIS IS NOT LEGAL ADVICE and I am NOT your attorney. It is provided for entertainment and/or...
Modifications are not something that are a right. The mortgage company does not have to consider it to you, even if you are qualified under most common guidelines. You have to plan that the bankruptcy will be necessary to get you caught up. You may be able to eventually get one, but you cannot rely on it as an option. Your bankruptcy attorney may be able to help with the process and communicate with the mortgage company.
Answers and comments provided here are only for general discussion. My comments are not to be considered legal advice and they do not create an attorney-client relationship. You should consult the attorney of your choice concerning the details of your situation.
Unfortunately your story is one that I hear all too often - but generally bankruptcy seems to assist in the modification process - maybe because someone is reviewing the processes a little closer. My suggestion is to get your bankruptcy attorney involved. I often review my clients' loss mitigation paperwork to ensure it is thorough, send it directly to the lender but also to lender's counsel, and I ask counsel to ensure I receive any follow-up (and they often have to 'translate' for me what the lender says is 'missing'). Further, depending on your district, at least 2 of the 3 in PA provide for specific Court-monitored modification processes, which help with non-responsiveness. Yes - I agree with the others that it is not a right to a modification and maybe your income is not high enough. But if you are one like others that hasn't ever even gotten to a fair review, hopefully this can help you.
Answers and comments provided are opinions and only for general discussion purposes. These comments do not constitute legal advice and they do not create an attorney-client relationship. You should consult either your current attorney of record or an attorney in your area who can fully assess your situation.
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