We had an auction scheduled for 12/27. We paid reinstatement amount. Received letter that stated foreclosure action was abandoned. Now bank states they made a mistake on the amount. They are saying need to pay it or they will proceed with auction. Auction has been cancelled on the auction website. We attempted a modification but this lender is shady (many suits against them). They said it was not timely and refused it. What is our recourse ?
There is no legal right to a loan modification. When you have a medical problem, don't you go to the DR or do you always try to "cure" yourself? So when you have a legal problem why don't you retain an attorney? Only a MA mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. You should not be restricted by geographic factors. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You may have to sue and seek an injunction to stop the sale. Their negligence in giving you the wrong amount, taking the funds and then resuming the foreclosure, may be enough to get an injunction. Your other option is to file bankruptcy to stop the sale. You need to get to an attorney's office yesterday.
Please note this is to be considered general advice and not legal advice about any particular situation. The answering of any question does not create an attorney client relationship and does not make the answer specific legal advice. I am an attorney admitted to the practice of law in the state of Georgia. Â
As you know, the problem is stopping the sale.
After trying to get the sale postponed, I have filed bankruptcy many times on the eve of bankruptcy for people in your situation so that they can, post bankruptcy, work out something with the bank. Also, I have worked with several people who have succeeded in helping a debtor obtain a loan modification post bankruptcy allowing the bankruptcy.
It is crucial you get Counsel immediately as many attorneys will be on vacation or otherwise not available due to the holiday. An experienced attorney with a few days and a relationship with the law firms representing the bank may be able to get the sale continued. I have helped more than one debtor in your situation from your part of the state cause they did not have the time to find a local attorney that they trusted.
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