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  1. #1
    Join Date
    Nov 2014
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    5

    Default How to Stop a Foreclosure

    My question involves a mortgage in the state of: Virginia. Here goes. House is question is in my husband's name. The bank holding the mortgage does not have a physical presence in this state. They offered payment options and did not follow through. The foreclosure is due to government budget cuts, a layoff, and a new position with a large drop in income. Legal representation was sought when loan adjustment paperwork was not accepted. The house was set for auction dates for almost six months. According to attorney, the last attempt to place the house at auction was dismissed by the judge. The paperwork for the loan adjustment finally went through and the bank refused the adjustment. We refuted their decision and now our house is listed as in foreclosure. Our attorney's office was from South Carolina and has closed as far as we can tell. We can no longer reach them. We do not have another three thousand dollars for a new attorney. We have lived in Virginia for four years and half of that time has been spent fighting to keep our house. One resident is a parent with Alzheimer's. We tried bankruptcy and filed for chapter 13. Our application was denied due to an incomplete application. We were told by our attorney which papers to file for bankruptcy and filled them out. We were accused of fraudulence with paperwork but not charged even though we have proof we took their courses and filed the documents. We have no idea at this point what is next and how we will keep our house. We put everything we had into it, even our biggest retirement account. One other does not have enough to make a difference. Help!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What is Next and How Do We Fight This Foreclosure

    Why was the previous foreclosure action dismissed?
    What do you mean the "adjustment went through but the bank refused it." The only one who can issue a loan modification is the bank. If you gave money to someone else for this you were SCAMMED.
    What sort of mortgage is this?
    What does your bankruptcy attorney say about your bankruptcy filing?
    There's tons of missing information here.

  3. #3
    Join Date
    Nov 2014
    Posts
    5

    Default Re: What is Next and How Do We Fight This Foreclosure

    I don't know why the foreclosure action was dismissed. The judge did not say, but the attorney we had at the time stated that the judge was not happy with the bank/attorney. There are new laws that require the banks to make the effort when it comes to loan modification. It is a fatal flaw that we have allowed banks to make policies and procedures that make it difficult for folks, who encounter circumstances beyond their control, to keep their house. Satisfactory shelter meeting all the required housing codes is a necessity, not a luxury. If our bank had been more agreeable and made the packets more efficient, we would have had the needed adjustment over a year ago and be back on track happily paying our mortgage. Not long into this battle, the bank turned back two payments because it was not the full balance due at the time. We decided to take what we did have and get an attorney. We filled out lawyer packets and had a response from an attorney south of our location. A couple states away actually as most of this was done online. We went through the government sites set up by Obama's admin.

    Here's one thing I don't get. The bank received two payments and sat on them for two weeks each before kicking them back into our bank account. If it was a private company sitting on the check while they went through their P&Ps, I would understand. However, this is a BANK the money was in THEIR possession for two weeks for each payment, both made in the same four week period. I would think it would be illegal for them to kick back a payment since they ARE the financial institution.

    For your next question, this is a VA loan. Our first purchase after living in rentals with white walls for our entire marriage. We put everything we had into this purchase excepting a retirement account we emptied to try and save the house. Now we don't even have that. As for the bankruptcy a couple months ago, that is when our attorney and their office disappeared. They worked with us for about 9 months, so we were not scammed by them. The bank would not listen to them though. That bank had more papers for any sneeze than I ever saw. They would not recognize a three way call between them, our attorney, and my husband, even though the attorney probably recorded the call. They expected the conversation to disappear I guess. As for another attorney, we don't have enough coming in monthly to afford one. However we get lots of letters from attorneys now since our house has been listed as in foreclosure. Everything goes from bad to worse. It is very frustrating and it's not like we're in our twenties. It's difficult enough bouncing back from the unemployment and that lasted three months. We lose this house and I guess we lose everything and live on the streets. Family is thousands of miles away.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What is Next and How Do We Fight This Foreclosure

    We can't help you without the information. "Not happy" is not a legal principle.

    The bank is not obliged to take partial payments. I don't know where you got the idea it was illegal for them to reject such. Banks are PRIVATE COMPANIES for the most part.

    Most of the sites like MakingHomeAffordable.gov can not deal with VA loans. They refer you to the VA which administers HAMP for these loans. Again, while they might make a determination that you qualify for the program, the only person who can approve your modification is your lender and there may indeed be more issues than just statutory qualification for HAMP.

    Have you called the VA at (877) 827-3702 (that's their mortgage help line) or if that fails HUD at 888-995-HOPE (4673).

    You need a new bankruptcy attorney. This should not be problematic. They get paid downstream, so you don't need money up front. You've already complied with the bulk of the requirements (unless a lot of time has passed), so it shouldn't be hard to pick up where it fell apart.

  5. #5
    Join Date
    Nov 2014
    Posts
    5

    Default Re: What is Next and How Do We Fight This Foreclosure

    Our attorney told us about the judge stopping the auction and if I remember right the attorney stated that the judge said he did not want to see the house in his courtroom again. This is all through phone calls and emails. Our attorney at the time was not local. We would like to get an attorney and we did contact a new one for an interview. He did not say anything about being paid later. We told him at the interview that we did not have money to pay him right away.

    So this is where we're at. Two years from husband's layoff. Bank has us in foreclosure. the VA basically tells us to get back on track now. Otherwise, they haven't said much. We are tied up in making ends meet and this would be a problem if there had not been a layoff then. Thank you for the phone numbers. I'm sure my husband already called the VA number, but I'll pass it along. I'm basically that there is no measurable foundation in mortgages to keep people in their homes in times of trouble and everyone seems to be okay with watching their neighbors being thrown out on the street because no one does anything to fix what id broken. This is one big reason why this country is over one hundred billion dollars in debt.

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