Was somone helping you with your modification?
When you were told you were approved for the loan mod did you ever received anything in writing?
Very quick qualiiication is your mortgage more than 31% of your gross income? by that I mean principal taxes interest and insurance??
Can you file bankruptcy to stop the sale? Is the sale Friday 3/13. You may be able to stop the sale. do you have any money to pay cure any of the delinquent payments?
It is hard to prove they anything unless they gave you something in writing. You didnt receive a trustee sale notice three weeks ago?
Who is the lender??
I specialize in all of this kind of stuff.
If you would like If no one bought the home you may be able to get it back.
You also may be able to recind any sale.
Give a call if you would like.
925 699 5041
All the agents who are saying a bank can or can't do something with then facts provided are at best providing bad information. Banks are violating all sorts of laws at the direction of their in house attorneys. Without knowing all the facts it's hard to know what the situaion is. If your home does not sell at auction then no harm no foul, the bank can relatively easily reinstate if it sells on the steps your probably doomed.
Call an attorney right now and have them call the bank immeditaely. That is the only way to ensure your rights are protected.
The problem is that foreclosures are handled by an entirely separate department in the bank than are short sales, loan modifications, etc.
So you may have been correctly informed that your loan modification was approved. Problem is: Another department in the bank was proceeding along with the foreclosure. It's like a race to the finish line, and in this case the foreclosure people got to the finish line before the loan modification people.
Contact the loan modification people at the bank. Tell them what's going on. There's a possibility that they can do something internally. (And that appears, from your question, to be what is going on.)
And if you've been working with a real estate lawyer, obviously contact him/her immediately.
You won't be able to stop it at the courthouse steps simply by stepping up and saying, "I have an approved loan modification."
Totally depends on the lender.. and how late you are.
I work with homeowners who are in your situation and who are underwater. One thing may be a TRO temporary restraining order or bankruptcy a stay will stop the sale.
the only way going to the sale will stop anything is if you have cash to buy your home and you will have to pay in full.
Usually if you submtt all docs within a week before the sale date they MAY stop or put the sale date on hold to review your situation. Be carefull though. The lender doesnt Cancell the sale, they dont want to have to start all over.
If you have been lucky enough to stop the situation feel free to give me a call. I help with loan mods, short refinancing for home owners who are under water by 20% or more as long as you can afford the new loan payment. I try to have options for homeowners to help them.
925 699 5041
Certified REO & Pre-Foreclosure Specialist
Prudential California Realty
6349 Riverside Ave
Riverside, Ca 92506
The only thing that stops a foreclosure sale are: certified money to Trusttee which bank agreed to;bankruptcy; or a lawsuite.
The bank can reverse a sale if a third party bidder has not purchased the property at the foreclosure sale. If a third party purchase property it gets very difficult to reverse the foreclosure sale.
First Weber Group
Certified Distressed Property Expert
Good Luck, Bob