I have a certificate of title for a property in Florida. The bank already has a foreclosure sale date. I was not service on this. Can I stop the foreclosure sale based on the fact that i was not serviced on time... more
My apt was sale in a public auction in September 19 2016. I just realized the regular procedures according chapter,45 in Florida law was not done.
No publishing for two weeks in a newspaper of great circulation and no mail communication to the tenznt\ or owner about the sale.
It was an electronic auction and the association bought the unit for only ,$ 800 dollar.
What to do?
The way to do that is to file chapter 13 bankruptcy protection. You will need a lawyer and actually a chapter 7 may fit your needs, that is a question for a lawyer.
I used to be the guy at the bank who you would need to talk to in this situation. It is possible to avoid the expense and the additional blemish on your credit by calling them. First the will say that there is nothing they can do. Which is false no law says they have to foreclose on you.
The way you may get away with it is to say these words.
"Listen, I really wish you could give me to a supervisor or something as I really do not want to have to file bankruptcy."
What you just told them in the nicest way possible is that you know you can stop their action and could we work this out. Notice it is not "work with me or I will file bankruptcy." You do not want to make it a threat. You want it to be , please be a decent human being, while pointing out to them their little power trip will not work.
Now banks are notorious for saying " Oh we will see what we can do for you." or "Sure we will stop the foreclosure proceeding." Only to sell the house while you are feeling all warm and fuzzy. If they tell you they will postpone the sale, get it in writing.
Otherwise call and attorney and file bankruptcy.... more
Paying Arrears to Stop Foreclosure Sale
I know this subject very well. I am very active with short sales and similar real estate transaction.
This is how it works. Paying the arrears will stop a foreclosure sale, if within the timeframe specificed by the state's foreclosure law. For example, in Oregon, you can pay the arrears as late as the 5th day prior to the sale. All states are a little different. But there is more to it.
Unless you can keep paying the mortgage after bringing the arrears current, you should analyze the situation very well. Most of the time, the loan modification offers and stopping foreclosure after taking the arrears are just part of the collections process. If you can't fulfill the arrangement, and most people can't, then the bank forecloses with more money collected than otherwise. So for them it is a great collections strategy.
If you can't pay or will be unable to fulfil the arrangement, you may want to postpone the foreclosure as much as possible, and then to a couple of last minute foreclosure stops. This will give you a breather. You will be able to save money by not paying rent or mortgage.
I have an ebook about this. Go to www.foreclosurestopbook.com
Call your landlord, or if you are the home owner. contact a short sale negotiator through a Realtor.
Please obtain good advice from a local Realtor.
There are basically two legal ways to challenge or defend against a foreclosure:
Technical defenses are defenses to the foreclosure proceeding itself. One example of a technical defense is if a property owner was not given adequate notice of the default and proceedings. However, technical defenses are not very helpful in preventing foreclosures because a mortgage holder can easily defeat the defense by correcting the procedural defect. In the example of lack of adequate notice, a mortgage holder can defeat the defense by issuing a new default notice and begin the proceedings over again.
Substantive defenses are the best legal way a property holder can stop a foreclosure. Substantive defenses go to the terms of the mortgage itself. Here are some examples of substantive defenses to the foreclosure process:
If you are really not in default, and the debt and interest have been paid on time (according to the terms of the mortgage);
The mortgage holder committed fraud in obtaining the mortgage;
The property owner files for bankruptcy. A bankruptcy filed before the foreclosure sale will "stay" or temporarily stop a foreclosure; and
A property owner can stop a foreclosure process if he or she pays off the loan and all of the lender's foreclosure expenses and costs.
If you believe you may have a legal reason to stop the foreclosure you need to file an objection to the sale with the court. In most states you can file objections before the foreclosure sales takes place, after the sale has taken place, or before the court ratifies the sale, if the sale was improperly conducted.... more
You may want to check out the new McMillin development taking place in Otay Ranch depending on your time frame. It is located on Birch and Eastlake Parkway and will be a combination of residences, hotels, and retail. They are just now breaking ground so will be awhile, but may be a great opportunity for you.... more
Once is all that is needed.
Good luck on your move.
Harold Sharpe - Broker
So Cal Homes Realty
California Department of Real Estate Broker License # 01312992... more
How do you know you are paying to the right person. On bank morgages after 2005, the loans were sold in the secondary market. This means that the morgage and the note were separated. If anybody tries to get you to pay him, they have to proof in court that they own the note. I stop foreclosures in 24 hours. Guaranteed service. In your case, if we can prove wrongdoing, you can get away with reducing the principal and interest..Dont let the bank walk all over you. Go after them. If you want to know how to do this, call me at 321-549-1052 or email me at :munozmelbourne#yahoo.com... more
Stay focused on the procedure and focuses your efforts on rights to disclosure and right to due process. FDIC can repudiate almost anything
No crime actually the crime is your interpretation of what is happening to you . it makes no sense , they are lying to us, the are in breach....nope . What you see is not what is happening behind the scenes.
Itâ€™s a subrogation claim by the government under the FDIC and nothing new to a recovery. However, there are rights and remedies to consider....
Mandy, did you find any resolution to your situation?
If not, feel free to call me to discuss.
http://www.SanDiegoVA.org is a good place to start. I will link it below.
They can help with restructuring a VA loan.... more
If the Mortgage Broker helped you get a loan in these tough loan qualification times do think about it.
The loan broker can always get you a better lower loan rate in a few months. After all you did get your home
with his help.
Life has strange ways of paying one back, if you do what is morally right.
Right, now sure you must be feeling slightly broke, and thinking someones $3k will help.
But surely you filled out Loan Forms, where there were fees agreed to and remember your Soc. Sec.
number is with the Loan Broker.
The Broker has the right to collect from you and hold you to the Loan contract if he chooses.
When that happens, it is most likely due to a misunderstanding between a lender representative and a Realtor or negotiator that is inexperienced in negotiating short sales. In most case, the borrowerâ€™s Realtor is negotiating with a lender representative, while a completely different lender representative is coordinating the foreclosure with the lenderâ€™s attorney or Trustee Sale Company. The problem is one of faulty communication between the parties. My team has handled over three dozen Short Sales on behalf of our clients and we have closed every one of them. A communication disconnect happened on several of our transactions. We kept everyone honest by keeping in touch with the Trustee Sale Company to make sure that the trustee sale had been postponed as represented by the lender representative.
When you decide to â€œshort sellâ€ your home, make sure that you are dealing with an Realtor that is an experienced â€œshort saleâ€ expert and not someone who plans on farming out your transaction to a â€œnegotiatorâ€ who will be happy to close a percentage of their transactions. The Realtor you hire should have personal knowledge of how to get your short sale approved.... more
Every bank has different policies. Even though the first bank may have begun negotiations, you must start all over with the new bank. But, sometimes this is good. The second bank may actually be easier to work with than the first.
I would be interested to know if there is a new Real Estate Agent as well. I had a situation where we were negotiating with a bank through one agent and could not get the deal done. After a few weeks the bank moved the listing to a new broker. We went back and purchased the property for less than we were offering the first time and got the deal done easily. You cannot discount the value of a good agent. this second agent knew how to get the asset manager to get this deal done.
Don't give up. If it is a good deal it will be worth the trouble.... more