ScaredInVT
Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Vermont.
My husband lost his job (plant closing) in October of 03. Finally after months of searching he took the first job that was offered (May of 04). Unfortunately we got behind in the payments on our home.
We had been in constant contact with our lender. When my husband got his job we contacted the lender and worked out a payment plan that everyone agreed to. All we asked was they send us this plan in writing, they asked the first payment be made by the end of June. Ok, cool.
June 11 we get a message that the bank wants to know our intentions.....so I call back and the lady I speak with refuses to tell me anything except "other parties are now involved".
My husband calls back and they tell him they have begun foreclosure proceedings. He asks about the repayment plan we had just worked out less than 2 weeks before. Of course no one knew what he was talking about. Over the course of the next 2 weeks we speak to several different people who each give us different amounts that will save our home, and refusing our offer of any amount less than what they stated.
In the mean time the Sherrifs bring us the paperwork and so do the neighbors. Yeah, the attorney put the wrong address on all of the paperwork and has been addressing it to "Occupant" at the wrong address. Course once the neighbors open it up and see our names, they hand it over. (At least we hope they are giving it all to us). I call every attorney I can find. None will help us. NONE.
Finally in desperation I go to a local Organization and they help me get a Legal Aid attorney. Finally someone from the bank tells us, yeah they knew about our agreement in May, but now there is nothing that can be done with that....we should have done something in June. (Can't possibly mean beg like we had been doing!!)
I get papers on August 5 from our attorney to file, August 6 we get into a car accident. August 13 I am finally able to file everything, August 16 I get notice from the banks attorneys that they have been granted a Default Judgement. The Judge in her ruling in September states our motion to Set Aside any Default was not granted because we filed our motion a month after the Default order had been entered. (My calender shows less than a week??) To date we have not been notified of any Default order by the court, just the banks attorneys...who of course sent it to the neighbors.
(PHEW!!!) Fast forward to Late October.....new lady from the bank calls. By now we are very leery but still desperate to save our home. We set up a new plan eerily similar to the old plan from May. We again ask to have this all sent to us in writing, again she agrees. We state we do not feel comfortable sending payments in until we recieve this agreement in writing. Now it is almost January and still nothing from the bank, we call and nothing. We have it set up so that we could make at least 2-3 payments right off the bat. We have it set up so that we could GUARANTEE a payment, we are willing to let them take my spouse's VA Disability Payment, which is $9 over the monthly mortgage payment.
OK so my questions are....
1. What is my next step?
2. Can I still save my home?
3. Is what the attorney did legal? (all papers state wrong address, and disclosure to non parties)
4. Can I save my home?
5. And yes, can I save my home?
Thank you for reading this novel! LOL
My husband lost his job (plant closing) in October of 03. Finally after months of searching he took the first job that was offered (May of 04). Unfortunately we got behind in the payments on our home.
We had been in constant contact with our lender. When my husband got his job we contacted the lender and worked out a payment plan that everyone agreed to. All we asked was they send us this plan in writing, they asked the first payment be made by the end of June. Ok, cool.
June 11 we get a message that the bank wants to know our intentions.....so I call back and the lady I speak with refuses to tell me anything except "other parties are now involved".
My husband calls back and they tell him they have begun foreclosure proceedings. He asks about the repayment plan we had just worked out less than 2 weeks before. Of course no one knew what he was talking about. Over the course of the next 2 weeks we speak to several different people who each give us different amounts that will save our home, and refusing our offer of any amount less than what they stated.
In the mean time the Sherrifs bring us the paperwork and so do the neighbors. Yeah, the attorney put the wrong address on all of the paperwork and has been addressing it to "Occupant" at the wrong address. Course once the neighbors open it up and see our names, they hand it over. (At least we hope they are giving it all to us). I call every attorney I can find. None will help us. NONE.
Finally in desperation I go to a local Organization and they help me get a Legal Aid attorney. Finally someone from the bank tells us, yeah they knew about our agreement in May, but now there is nothing that can be done with that....we should have done something in June. (Can't possibly mean beg like we had been doing!!)
I get papers on August 5 from our attorney to file, August 6 we get into a car accident. August 13 I am finally able to file everything, August 16 I get notice from the banks attorneys that they have been granted a Default Judgement. The Judge in her ruling in September states our motion to Set Aside any Default was not granted because we filed our motion a month after the Default order had been entered. (My calender shows less than a week??) To date we have not been notified of any Default order by the court, just the banks attorneys...who of course sent it to the neighbors.
(PHEW!!!) Fast forward to Late October.....new lady from the bank calls. By now we are very leery but still desperate to save our home. We set up a new plan eerily similar to the old plan from May. We again ask to have this all sent to us in writing, again she agrees. We state we do not feel comfortable sending payments in until we recieve this agreement in writing. Now it is almost January and still nothing from the bank, we call and nothing. We have it set up so that we could make at least 2-3 payments right off the bat. We have it set up so that we could GUARANTEE a payment, we are willing to let them take my spouse's VA Disability Payment, which is $9 over the monthly mortgage payment.
OK so my questions are....
1. What is my next step?
2. Can I still save my home?
3. Is what the attorney did legal? (all papers state wrong address, and disclosure to non parties)
4. Can I save my home?
5. And yes, can I save my home?
Thank you for reading this novel! LOL
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Thanks Senior. Money will solve a lot of my problems.....tell me you got a FAT WallStreet bonus and want to share?? J/K