This seems to be the way many lenders operate. You should attend every hearing, and explain what is going on to the judge. You should consider hiring a foreclosure defense attorney to represent you. If that is not possible, most communities have legal services organizations that may be able to assist you.
By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.
I have seen applications for short sales and mortgage modifications stalled precisely because the lender continues to ask for more and more documents from the borrower. On the one hand, the lender wants the most up to date information to support the application, and to support the bank's final decisions. On the other hand, it's entirely possible that the continued delay occasioned by the lender's repeated requests for more documents could be interpreted as the bank engaging in bad faith negotiations.
I suggest you immediately bring your case to an attorney for a review of your specific facts. I wish you the best.
Disclaimer: For a free consultation contact me directly at 973-519-0196 or adam@LefkowitzLawOffice.com. If this answer was helpful, please mark it as helpful or as a best answer. Answering questions on avvo.com does not create an attorney-client relationship. You are strongly encouraged to seek and retain your own counsel. Information and answers posted to this website are for general informational purposes only.
File a Chapter 13 bankruptcy case if you can afford to cure the mortgage arrears over a 5-year plan, or use the Chapter 13 to refinance. Consult with an experienced bankruptcy lawyer. You have waited long enough for the bank to offer a helping hand. It sounds like it's time for you to take matters in your own hands. Chapter 13 would give you that opportunity, if you can afford the monthly payment to the trustee or there is an ability to refinance.
This answer does not constitute specific legal advice or create an attorney-client relationship between Glenn R. Reiser, Esq. or LoFaro & Reiser, LLP and the individual or company whose posts we are responding to.