How can I stay in my home after the foreclosure?

Asked by Donna, Sugarloaf, CA Thu Apr 23, 2009

I have a bad option arm predatory loan from Bank United which is now under the authority of the Federal Treasury Office of Thrift Management which has appointed a Federal Reglulator over Bank United. The bank wanted too much money up front for a modification and disregarded the Obama Plan to help homeowners. Now it foreclosed last week. What can I do to remain in mhy home now after the Bank has repossessed it?

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Marge Hewett, Agent, Boca Raton, FL
Fri Apr 24, 2009
Donna when was the last time you talked to someone directly? Have you talked to who is in charge of the home now? If you have a log of conversations, paperwork that you tried to work something out and that you meet the needs test for loan modification then get ahold of them with the presentation. Show them the amount they tried to charge for the modification and you might get the right person this time. If they still are stubborn contact a real estate lawyer (not just any lawyer or they may not have the experience in this type of law to see the angle you need) to see if you have a way. Good Luck!
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Diane Wheatl…, Agent, Upland, CA
Fri Apr 24, 2009
I know it feels desperate and hopeless for you now but I read about situations such as yours and learn from those who are fighting for homeowners tooth and nail both before and after the foreclosure proceedings have occured.

So many homeowners remain their homes well beyond the date the alleged foreclosure sale occured. If you haven't already and you have any means to do so, seek a real estate attorney who understands foreclosure law and how to effectively prove that your foreclosure sale was conducted without merit or proper authority. You must challenge these predatory lenders in their quest for taking people's homes out from under them without an option in sight or ever in the works at all.

Do not move out of your home just because you may be frightened or feeling bullied. That just give these individuals more opportunity to swoop in and take claim.

This getting really interesting. Investors are the ONLY people with a potential claim to being a holder in due course and who could then seek to enforce the note, mortgage or obligation. As predicted on these pages, they will not and have not filed any legal actions against borrowers. Any legal actions filed have been against intermediaries (servicers, administrators like Countrywide, MERS et al) claiming, of all things, FRAUD. Well if fraud was involved so be it — but that means there is NO holder in due course by definition. And remember if anyone succeeds in establishing themselves as the holder in due course, then they are by definition the “lender.” If they are the lender then they are liable for all damages, fines, penalties, treble damages, claims, affirmative defenses etc. of the borrower.

Don't quit the fight!

Diane Wheatley, Broker
(909) 981-5589
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blaison samu…, Agent, Santa Clara, CA
Thu Apr 23, 2009
I'm sorry to hear Donna about your situation, unfortunately after foreclosure, you cannot do anything to save your house, the only option is to move to a rental place, the lender may give some money, it's called "cash for keys" to give the house back in clean and good condition. You can consult with an attorney also to check if there's anything can be done.
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