Foreclosure in 95816>Question Details

mike, Real Estate Pro in Sacramento, CA

Trustee sale August 12 on my rental property. Does a QWR help me to postpone or file a lawsuit? MERS loan.

Asked by mike, Sacramento, CA Tue Aug 6, 2013

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Yes, A QWR (Qualified Written Request) can be very effective. I have used them to stop sales when I was working on a short sale. Do you have a sample QWR?
2 votes Thank Flag Link Tue Aug 6, 2013
Perfect Call me if I can be of any assistance 916-719-4008. Villa Group Real Estate
0 votes Thank Flag Link Thu Aug 8, 2013
Hello Mike

There are other factors here. Most banks will not postpone a trustee sale unless you pay the outstanding balance or are in a workout with them doing either a loan modification or a short sale.

The question is what have you tried?

I think more details need to be known.
0 votes Thank Flag Link Tue Aug 6, 2013
Hi Mike,

What have you tried so far to save the property? This would be good to know so that the proper course of action can now be taken.

With the foreclosure sale date only a week away, the options become limited with a short sale being the best at this point if the lender will postpone the trustee sale at this late date.

You should also consult an attorney to see what other options you might have.
The most important thing is to do something NOW since time is definitely not on you side.

Give me a call if you can use my help and discuss what you want to do. Good Luck!

Frank J. Verni
Broker / Realtor
c. 916-719-6161
DRE # 01390255
realtorfrank1@gmail.com
http://www.RealEstateHelpbyFrank.com.

Experienced Broker/Agent helping Sellers and Buyers
To Reach their Financial Goals – I Know What To Do!!
0 votes Thank Flag Link Tue Aug 6, 2013
What is your overall goal?
0 votes Thank Flag Link Tue Aug 6, 2013
You can try do a short sale at this point. If you like details give me a call to find more options.


Please let me know if you have any questions.

Regards,

Jain Rishab
BRE # 01892399
Realtor (RE/MAX ACTIVE REALTY)
Short Sale and Foreclossure Resource
4056 Decoto Road Fremont,
Ca 94555
510 676 4770 (CELL)
510 505 1666 (FAX)
Korerealty1@gmail.com
0 votes Thank Flag Link Tue Aug 6, 2013
Hey Mike: You should seek legal advice immediately. I will say that the Homeowners Bill of Rights says a bank cannot proceed with a foreclosure when a borrower has applied for a loan modification. But there are other ways to postpone a foreclosure, and a lawyer can help you with that. It's a little difficult being in the last 21 days of the foreclosure process. What you have tried so far?

There are a few agents with law degrees on Trulia but they don't generally dispense free legal advice. And other agents can't help you because they're not allowed to give you free legal advice. Have you tried searching on About.com?
0 votes Thank Flag Link Tue Aug 6, 2013
For the life of me, I can't figure out what a QWR is...?

A trustee sale on you rental property means that you haven't paid your mortgage in at least 6 months and most likely longer. What do you want to do with the property? At this time, I would suggest a short sale rather than allowing a foreclosure. it is more responsible to resolve this situation than a foreclosure.

First and foremost, a foreclosure hurts you the worst, but also the neighborhood and all of us taxpayers who are subsidizing the losses. While there are lots of other reasons, the main one that I hear from people is the loss of control in when the transfer of ownership happens. The Trustee HAS THE RIGHT to foreclose on the date they specify. They may not exercise that right and until they do, then the home is your responsibility and your liability....according to the county, anyone getting injured on the property, and any outstanding liens. Those are all extra risks.

Please explain what options you are considering and we can answer your question more specifically.
0 votes Thank Flag Link Tue Aug 6, 2013
It's a Qualified Written Response, used by borrowers to question servicers about aspects of the loan, including the identity of the investor.
Flag Tue Aug 6, 2013
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