onehealingman12
Junior Member
What is the name of your state (only U.S. law)? Indiana
What is the name of your state (only U.S. law)? Indiana. On August 29, 2012 we received a letter from the lawyer representing our lender giving us 30 days to pay our past mortgage or they might file foreclosure paperwork. We attempted to pay the amount in full on September 13th, but were told to wait for a reinstatement letter which would add all fees associated with reinstating our loan. We received the reinstatement letter dated September 19th on September 24th. We paid the reinstatement amount in full via wire the next day, which was within the 30 days stated on the initial letter sent by the lawyer, which was a certified letter. We sent that wire to the Loss Mitigation department of the bank. We were advised by a supervisor with Loss Mitigation to wire the money, then go to a branch of the bank and have them on bank letterhead write a note saying the wire was paid and attach the receipts of the wire and then fax the documents to Loss Mitigation. We did this. We also were instructed to call this supervisor after we sent the fax, which we did. We actually had the branch manager call and get verification of receipt from the supervisor in Loss Mitigation. The supervisor said that he received everything and that we were not out of danger of foreclosure and that he would immediately notify their lawyers. Much to our chagrin, a few days after we wired the money and got verification of receipt from Loss Mitigation we received a letter from the lawyers office, dated October 1st, 2012, saying that they had proceeded with foreclosure. When we called the lawyers, they said that they filed foreclosure paperwork on the morning of October 1st, 2012 and at 4:06 that same day they received notice from Loss Mitigation that the file should be closed. When I told them we fulfilled their order to pay within 30 days, they simply stated, too bad, we didn't receive notice until after that 30 day mark. Today, October 5th, 2012 we also received from our Sheriff foreclosure paperwork along with a summons to appear. The day we called the lawyers office they also said that the foreclosure filing had been closed and that we no longer were in danger of foreclosure. They also said that because they filed the paperwork after we paid, that we had to pay $795 in legal fees, and $232 and $225 in filing fees, which is in addition to over $2000 in legal fees that we paid in the reinstatement. When I asked them to give me a breakdown of all the legal fees and the dates of each of the charges along with explanations of what work was actually done, they said they do not have to provide me with anything.
My question is simply can they file for foreclosure when we satisfied the reinstatement amount before the 30 days we were given? They filed paperwork after we satisfied the terms of reinstatement. It sure does feel like they were just trying to add more fees and fines to their pockets after the fact. I'm also worried that now because they filed the paperwork, even though they claim it was closed that they might still process the foreclosure anyway. I am going to follow up with the court and with the lawyers office, but wanted to know what you guys think. I also am worried because we dealt with this situation as soon as possible and paid it in full with fines/fees in order to avoid foreclosure and a foreclosure mark being placed on my credit report. The bank is saying that it won't go against my credit report other than showing that I was late for 3 months, but I feel like if they filed foreclosure paperwork, that it will show up on my credit report.
The unfortunate thing is that I didn't get behind in my payments because I was having financial problems, I had the money. Our son is dying of cancer and we unfortunately didn't pay because everything seemed to be falling apart in our world. The bank that we have all of our money was a different bank from the bank we have our mortgage with and we didn't take the time to transfer the money into the correct bank. We learn from our mistakes, but our son came first.
One last question, in the foreclosure paperwork we were served with today, it included a copy of the note and on that copy it said, "Official Copy of Original". Does that mean they made a copy from the original note or are they just making a copy of a copy? The reason I ask is that I asked who actually owned our note and they told me that they did not know. And this "Official Copy of Original" was from the Title Company. I'm confused. How do I find out who owns my loan now?
Thanks for all of your help.
What is the name of your state (only U.S. law)? Indiana. On August 29, 2012 we received a letter from the lawyer representing our lender giving us 30 days to pay our past mortgage or they might file foreclosure paperwork. We attempted to pay the amount in full on September 13th, but were told to wait for a reinstatement letter which would add all fees associated with reinstating our loan. We received the reinstatement letter dated September 19th on September 24th. We paid the reinstatement amount in full via wire the next day, which was within the 30 days stated on the initial letter sent by the lawyer, which was a certified letter. We sent that wire to the Loss Mitigation department of the bank. We were advised by a supervisor with Loss Mitigation to wire the money, then go to a branch of the bank and have them on bank letterhead write a note saying the wire was paid and attach the receipts of the wire and then fax the documents to Loss Mitigation. We did this. We also were instructed to call this supervisor after we sent the fax, which we did. We actually had the branch manager call and get verification of receipt from the supervisor in Loss Mitigation. The supervisor said that he received everything and that we were not out of danger of foreclosure and that he would immediately notify their lawyers. Much to our chagrin, a few days after we wired the money and got verification of receipt from Loss Mitigation we received a letter from the lawyers office, dated October 1st, 2012, saying that they had proceeded with foreclosure. When we called the lawyers, they said that they filed foreclosure paperwork on the morning of October 1st, 2012 and at 4:06 that same day they received notice from Loss Mitigation that the file should be closed. When I told them we fulfilled their order to pay within 30 days, they simply stated, too bad, we didn't receive notice until after that 30 day mark. Today, October 5th, 2012 we also received from our Sheriff foreclosure paperwork along with a summons to appear. The day we called the lawyers office they also said that the foreclosure filing had been closed and that we no longer were in danger of foreclosure. They also said that because they filed the paperwork after we paid, that we had to pay $795 in legal fees, and $232 and $225 in filing fees, which is in addition to over $2000 in legal fees that we paid in the reinstatement. When I asked them to give me a breakdown of all the legal fees and the dates of each of the charges along with explanations of what work was actually done, they said they do not have to provide me with anything.
My question is simply can they file for foreclosure when we satisfied the reinstatement amount before the 30 days we were given? They filed paperwork after we satisfied the terms of reinstatement. It sure does feel like they were just trying to add more fees and fines to their pockets after the fact. I'm also worried that now because they filed the paperwork, even though they claim it was closed that they might still process the foreclosure anyway. I am going to follow up with the court and with the lawyers office, but wanted to know what you guys think. I also am worried because we dealt with this situation as soon as possible and paid it in full with fines/fees in order to avoid foreclosure and a foreclosure mark being placed on my credit report. The bank is saying that it won't go against my credit report other than showing that I was late for 3 months, but I feel like if they filed foreclosure paperwork, that it will show up on my credit report.
The unfortunate thing is that I didn't get behind in my payments because I was having financial problems, I had the money. Our son is dying of cancer and we unfortunately didn't pay because everything seemed to be falling apart in our world. The bank that we have all of our money was a different bank from the bank we have our mortgage with and we didn't take the time to transfer the money into the correct bank. We learn from our mistakes, but our son came first.
One last question, in the foreclosure paperwork we were served with today, it included a copy of the note and on that copy it said, "Official Copy of Original". Does that mean they made a copy from the original note or are they just making a copy of a copy? The reason I ask is that I asked who actually owned our note and they told me that they did not know. And this "Official Copy of Original" was from the Title Company. I'm confused. How do I find out who owns my loan now?
Thanks for all of your help.
