Once the request,if at all, is granted, am I liable for fees? Our mortgage was sold by BOA to Greentree servicing and they have refused to help with a modification and they are not helpful at all. Is it best to have a lawyer handle the issue?
Yes is the simple answer. A consent foreclusure (also known as a "Deed in Lieu") is a discretionary arrangement the bank enters into. Sounds like you're having difficulty with the servicer/lender taking you seriously. Persistence will take you quite a ways but in some cases you just need to have legal counsel representing you and this may be such a case.
Hope that helps.
Evan A. Nielsen
1255 W. Colton Ave., #506 | Redlands, CA 92374
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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
You can send a letter to the plaintiff's attorneys with your case information and address on it and request a consent foreclosure pursuant to section 1402 of the Illinois Mortgage Foreclosure Law. Make sure to get offer a consent foreclosure well before they move for judgment. You can also request a consent foreclosure as part of mediation. If foreclosure has not been filed, consider requesting the paperwork and information from the bank to apply for a deed-in-lieu of foreclosure. If you have problems, or do not get a timely response consider hiring an attorney. And if you hire an attorney, definitely do so before the bank moves for default judgment in your foreclosure.
The information in this answer is not intended as legal advice nor do I intend to create an attorney-client relationship with any reader simply by answering this question or contributing as a member of AVVO.
I agree, especially about the “before the default judgment” part. If you cannot get an answer, either hire an attorney, or at minimum go to court and tell the judge that you are offering a consent foreclosure. That might help to persuade the other side, or at least get a continuance which will give the bank’s attorney time to contact the client. Good luck.