florida victim
Junior Member
What is the name of your state (only U.S. law)? In Florida, original Countrywide, then Wells Fargo/First Franklin, then US Bank, then Bank of America, now Nationstar is servicer. Hit a rough spot in finances due to auto accident and job loss, advised we had to skip three mortgage payments to qualify for a HAMP modification. Did that, paid 3 months, dual tracked, Foreclosure suit/Lis Pendens filed mid 2009, prior to end of HAMP process.
Litigation dragged on, fired old attorney who advised us after a year that we should move and get on with our lives....case dragged on until our new attorney moved for depositions, interrogatories, MERS docs, etc.; a year ago the bank voluntarily dismissed without prejudice and released lis pendens. Was not successful in getting Bank of America to modify this past year, they kept losing ****. Now in hands of Nationstar, they apparently keep calling my cellphone but never leave a message. I'm getting duplicate correspondence from both Bank of America and Nationstar, most recently got three different advisories of our new "Single Point of Contact" in one week.
We've always been interested in a mod, but after sending three or four packets a year that never get answers, well, it gets a bit old. We believe we have a successful affirmative defense ready and have evidence that the loan holder will never be able to re-engineer new docs based on what was already presented in the earlier court case.
My last attorney told us that no new foreclosure action can be filed until our motion for attorney's fees is answered and heard, but that has not happened. Do I need do anything to keep that motion fresh or will it stay as is if we do nothing?
Litigation dragged on, fired old attorney who advised us after a year that we should move and get on with our lives....case dragged on until our new attorney moved for depositions, interrogatories, MERS docs, etc.; a year ago the bank voluntarily dismissed without prejudice and released lis pendens. Was not successful in getting Bank of America to modify this past year, they kept losing ****. Now in hands of Nationstar, they apparently keep calling my cellphone but never leave a message. I'm getting duplicate correspondence from both Bank of America and Nationstar, most recently got three different advisories of our new "Single Point of Contact" in one week.
We've always been interested in a mod, but after sending three or four packets a year that never get answers, well, it gets a bit old. We believe we have a successful affirmative defense ready and have evidence that the loan holder will never be able to re-engineer new docs based on what was already presented in the earlier court case.
My last attorney told us that no new foreclosure action can be filed until our motion for attorney's fees is answered and heard, but that has not happened. Do I need do anything to keep that motion fresh or will it stay as is if we do nothing?