Mortager Refusing Payments - Foreclosure

[AnnaSC]

What is the name of your state (only U.S. law)? SC

We fell on hard times last year when we went down to 1 income and it started to become difficult to pay our mortgage. Not wanting to not pay anything, I sent in a payment that was less that the monthly payment amount - it was returned to me with the notice that they would not accept anything less than a full payment. I contacted the mortgage company to look at options and started the loan modification process. At first I was working with my mortgager, then I was switched off to an outsourced company for the mortgager who required me to redo the paperwork, they lost the paperwork and I had to refile it, then my mortgage was sold for the second time, and I had to start the paperwork again with the new company that has managed to loose paperwork twice already. In the mean time, I have been served with foreclosure papers from the new company who also insists that they will only take the full back payment - side note that the summons did not include a copy of my mortgage note.
My concern is that as they have lost my paperwork so many times, that they have stretched this out to the point where I am too far behind to catch up. I have about 1/3 of what they want as a back payment, but I am now facing a hearing with the Master in Equity and have not gotten a decision about the loan modification through FreddieMac.
I did answer the summons to the best of my ability but I am not sure if I have any case to bring before the Master in Equity that would delay the foreclosure of my home while I await the loan modification? Does this hearing set my foreclosure sale date? Do plaintiffs normally attend Master in Equity hearings?

 

[FlyingRon]

You are the mortgager, they are the mortgagee.

You can go to the master in equity hearing, but unless you are going to bring the payments up to date, there's not likely to be anything you can do. This hearing is just to verify the debt and approve the foreclosure sale. It's not a place to have new payment plans mediated. The process for the sale (depends on the circumstance) is addressed there.

 

[HomeGuru]

What is the name of your state (only U.S. law)? SC

We fell on hard times last year when we went down to 1 income and it started to become difficult to pay our mortgage. Not wanting to not pay anything, I sent in a payment that was less that the monthly payment amount - it was returned to me with the notice that they would not accept anything less than a full payment. I contacted the mortgage company to look at options and started the loan modification process. At first I was working with my mortgager, then I was switched off to an outsourced company for the mortgager who required me to redo the paperwork, they lost the paperwork and I had to refile it, then my mortgage was sold for the second time, and I had to start the paperwork again with the new company that has managed to loose paperwork twice already. In the mean time, I have been served with foreclosure papers from the new company who also insists that they will only take the full back payment - side note that the summons did not include a copy of my mortgage note.
My concern is that as they have lost my paperwork so many times, that they have stretched this out to the point where I am too far behind to catch up. I have about 1/3 of what they want as a back payment, but I am now facing a hearing with the Master in Equity and have not gotten a decision about the loan modification through FreddieMac.
I did answer the summons to the best of my ability but I am not sure if I have any case to bring before the Master in Equity that would delay the foreclosure of my home while I await the loan modification? Does this hearing set my foreclosure sale date? Do plaintiffs normally attend Master in Equity hearings?

**A: the lender can refuse payments if it is partital and not a total payment to get the mortgage current and out of default.

 

[AnnaSC]

I understand that it is their right to refuse the payment if it is not the full amount, it just sucks, I would like to be able to save my home, but it seems almost insurmountable at this point.

If the hearing with the Master in Equity is just to verify that it is my debt and set the sale proceedings, is there any reason why I would need to attend? I just got back off of maternity leave last week, so I am trying to not take off too much time, but if I have a chance of saving my home, then I will take the time, but I do not want to take the time off to go in there and say yes it is my debt, no I do not have the money, thanks for you time.

To my knowledge, I do not have anything to fight with, we are behind, we are seeking a modification, but am at their mercy for when/if it will be modified, and the only point of law that I think might be a sticking point is that the mortgage note was not a part of the summons paperwork, but not then I am not sure if it has to be and then that would only delay things, not stop them.

Is there any benefit to attending the hearing?

 

[HomeGuru]

I understand that it is their right to refuse the payment if it is not the full amount, it just sucks, I would like to be able to save my home, but it seems almost insurmountable at this point.

If the hearing with the Master in Equity is just to verify that it is my debt and set the sale proceedings, is there any reason why I would need to attend? I just got back off of maternity leave last week, so I am trying to not take off too much time, but if I have a chance of saving my home, then I will take the time, but I do not want to take the time off to go in there and say yes it is my debt, no I do not have the money, thanks for you time.

To my knowledge, I do not have anything to fight with, we are behind, we are seeking a modification, but am at their mercy for when/if it will be modified, and the only point of law that I think might be a sticking point is that the mortgage note was not a part of the summons paperwork, but not then I am not sure if it has to be and then that would only delay things, not stop them.

Is there any benefit to attending the hearing?

**A: attend the hearing and offer the most you can offer in cash.