Q: I want to sue out Mortgage co for wrongful foreclosure. We were denied a modification in 2019
We appealed at least 3 times and during the last appeal, mortgage co repeatedly told me that they needed more time. Final call to mortgage co to see what was going on they told me we ran out of time because the house sold at auction on that very day. They said they sent a notice which we did not receive. We couldn't redeem but appealed once again. We were scheduled for eviction court several times and the last time, the lawyer never showed up or called. We NEVER heard from the mortgage co until Nov 8th 2021 when we got a 30 day notice to leave house. We recently got a court date for eviction on the 18th of Nov. We want to keep out home and feel that we should not be in this situation had we got the modification in the first place. I was sick and in the hospital for 30 days, almost 300 miles from home and then after I was released, had dialysis 3 times a week, about an hour each way. I was also in and out of the ER numerous times from 2016-2018. I am better now with good job.
A:
You have two issues: foreclosure and eviction. The foreclosure may well be a lost cause at this point. I'm unsure anyone has a right to a modification. The notice requirement is satisfied when sent by court rule or statute.
Quite frankly, the best use of your time, money, and energy at this point would be to relocate.
Kenneth V Zichi agrees with this answer
A:
I focus most closely and strongly agree with Mr Geers in emphasizing that nobody is ENTITLED to getting a modification to a mortgage or any other kind of loan agreement. To the extent it is available, great, and if the other side 'played games' and prevented you from complying with the ORIGINAL agreement in some way, that would be different, but if you couldn't comply with the original agreement and 'lost out' simply because you didn't get a modification, I'm afraid that ship has sailed, and there is no sense pursuing it.
Again, focus on what you can do in the future to put yourself into a better situation. I'm sorry this isn't a more 'feel good' answer, but the litany of facts you present has nothing to do with contract law, and that is the analysis that needs to be done here.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
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