Derek John Soltis' answer I am working on cases that stated back in 2008. The auction will probably take place in a couple of months. So, almost 12 years without paying a mortgage, and the case will finally be complete. So, once started things can drag on.
If the case is dismissed along the way, then the bank may be barred from bringing the case again if they are beyond the statute of limitations and do not timely bring the new suit.
Derek John Soltis' answer Sometimes you just go along to get along. When you say "....now my employer wants my LES." It may be someone new in HR that has no clue as to what is needed, but they used to this at their old company, or it may be that they now were given a directive from above by someone else that read something someplace and now they want to do it this way.
I suggest talking to the person asking for your LES. Ask them what it takes to make his or her life easier and yours as well as you are part of...
Derek John Soltis' answer It is possible to foreclose. I doubt anyone is going to foreclose on someone being late 2 times. The paperwork for your building will list the rules and regulations that govern your building. Without being able to review those, you are asking for the general rule of law that may or may not apply to you.
Derek John Soltis' answer I suggest you have someone review your loan modification numbers to go over the probability of you being accepted for a loan modification.
For instance if you had a 3.75% loan and the bank is now offering 5% loans there is a good chance you will be denied a loan modification as your payments would increase and make the loan more difficult to pay back.
Talk to an attorney to go over all of your options before you decided to do anything or not do something. Be informed of your...
Derek John Soltis' answer You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.
Derek John Soltis' answer There is no longer any laws that mandate a bank give loan modifications except under FHA loans, and even then there are tight deadlines. You should contact Shellpoint about a loan modification, while pointing out you were waiting for an answer on your appeal.
Derek John Soltis' answer Even if your home sells at a sheriff sale, you are not evicted the next day. If the bank buys the property back at auction, you may have 1/2 a year or more.... Or 30 days. It really comes down to what actually happens.
You can also ask the sheriff to move your sale date back 28 days.
Instead of just giving up, talk to an attorney to go over all of your options, make a plan, and reduce the stress in your life.
Derek John Soltis' answer Hiring an attorney that knows how to defend a foreclosure lawsuit and all of the other options available will normally get you more time than if someone files an answer themselves.
If you want to go over all of your options or have an attorney review your case, you need to reach out to an attorney. Not every attorney understands foreclosure, so make sure to find someone with experience.
Derek John Soltis' answer One lender can take the place of another. Was the case ever dismissed along the lines? You may have other defenses that you are not aware of. Have an attorney review your complete case.
Derek John Soltis' answer The simple answer is YES. You can sue any one for anything you want. But, the real question or questions are: Will you win? Or, can you afford to sue? If you are suing for less than $5000 in damages, what attorney will take your case? The sad think about the American court system is that most people are priced out from suing when the damages are small as they are forced to do it themselves, which can make the process untenable. You should talk to legal aid if you cannot find an attorney to...
Derek John Soltis' answer The timeline varies depending on who gets the home and how agressive they are about evicting you from the property.
If the bank buys the home back, you may be in the property until they sell it which could be months. Or, it may be bought a someone who wants to make it their home and they will move as fast as possible to get you out. They cannot get a deed until 10 days after the auction, and then they would have to move to have you removed through the courts.
Derek John Soltis' answer If you are at the start of your chapter 13,apply for loss mitigation. If you have the income most banks rather get paid than foreclose. There are also people that will try to buy your note from the bank if you know where to look.
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