Hi sistergldnhair,Hi all. I've been reading here for ages. Last payment on my OneWest mortgage was 11/01/2014. I had a hell of a year. I lost my son Thanksgiving of 2014, then in January 2015 had to close my ambulance business in NJ. This was a HUGE financial hit, and a HUGE mental one for me.
I thought I had paid my Dec 2014 mortgage, but in my blur of losing my son I see I didn't. At that time I was on month 3 of a forebearance arrangement with the bank. After losing the business, and finding out I would not be able to collect unemployement right away due to me being a corporate officer, I made the decision to stop paying the mortgage and bank it to support me during the waiting period. I was on a small salary until July 2014. I was finally able to collect starting January 2016, and thankfully the savings I had banked kept me afloat with necessities and utilities while waiting.
So I just got served the Summons and Complaint Tuesday. Two weeks ago I was sent a modification packet from OneWest with a trial offer of 3 payments of $1450. from my original of $1900. 1st one being due on the 29th of February.
I'm reading on here about contesting the foreclosure, but do not know what in the hell I'm doing. Is it wise to consult an attorney at this point?
My mortgage balance is $179,000. I have not much debt other than two small credit cards. I really don't want the house, but would like to be able to milk this as long as I can.
My family has been through alot these last several years, and if I can stall this, my daughter who is left at home will have more of a cushion saved up to move.
There hasn't been any activity here in awhile so I figured I'd reach out... Can anyone post their progress and how long they are in this whole mess?Hi sistergldnhair,
I can't give legal advice but you may want to consult an attorney to ask some questions. I was able to sit down with more than one for a free consultation before making any decisions so if it's free, why not. Also, if you think you have a good case, speaking with an attorney may help you decide what you ultimately want to do and you may even want to hire one. Aside from that, there is lots of info you can find on the web and especially on this web site. Also, looking at other court cases on ecourts may give you an idea of the time line. One thing I do know is to be sure and answer the complaint or the process will go quicker. You don't need an attorney to do that but if you plan on fighting and you don't know what you are doing, you may get better results with one.
Best of luck to you!
Hi all,There hasn't been any activity here in awhile so I figured I'd reach out... Can anyone post their progress and how long they are in this whole mess?
I don't blame you for turning down a mod. I'm afraid to continue doing business with these banks due to the fraud! Not sure what will happen with that, but they usually 'offer' when they have been caught doing something bad. lol. However, it does extend the amount of time you can stay before they try to default you again.Hi all,
Well, it's been 57 months for me. I apparently lost in court but nothing has happened since. I think the bank motioned the court for a referee to be appointed to begin the actual foreclosure process and I guess my file is just sitting in a pile waiting for someone to get to it. I really have no idea, no one has called and the only correspondence I've received is a new HAMP offer. I got a kick out of that one... the payment was lower but the loan was for 40 years. Don't they know I'll be dead by then? lol Umm. no thanks.
Wow that was so fast. Did you answer the complaint? Maybe there are less cases in your area so paperwork went faster. I would definitely try and resubmit docs. I believe if you show you are trying to work it out, they can't foreclose or they will at least push back the auction date. Good luck!Whelp...I received my signed judgement for foreclosure from banks attorney on Friday. It was signed January 29 and I just got it. Next step, is it goes in queue for Sheriff's Sale. Also on Friday I got a packet from CIT saying they hadn't received all requested documents for the mod, so they denied it but at any given point up until 7 days prior to the sale I can resubmit the documents and they will review. I'm going to send in another packet for the hell of it. And I guess I'm going to start purging my stuff.
No 2 cases are the same so no one can answer that question. We all would like to know "how long" for everything that happens in foreclosure. I would first check to see how the prior foreclosure complaint ended. Was it ever dismissed? Or is it still active with no recent filings? In my state, the court will dismiss complaints that have had no filings over the prior 12 months. Don't know about NY. But if the case was never dismissed - meaning the mill can just pick up where they left off, then your time is short. If instead they must file a new complaint, then you would have much more time.I defaulted on my original mortgage May 2011. I filed for bankruptcy and my mortgage debt was discharged. I was told I could get a loan modification to prevent foreclosure. I tried to work with Bank of America for 2 years to get a loan modification. I received several denials given a different reason each time. BOA filed a Summons and Complaint against me Oct 2013 but did not serve me until May 2014. I obtained an attorney and filed an answer. I received notice from the Judge Nov 2014 that my foreclosure could proceed. In June 2015 I was finally granted a loan modification and the foreclosure stopped. I am now in the same difficult financial situation and cannot make my loan modification payments. Right now I feel just to let it foreclose this time. The neighborhood isn't what it used to be, my house will never be sold for what is owed right now, and frankly I don't want to fight for another loan modification. I would like to know how long I have to reside in my home until BOA forecloses. I was told that because I worked with BOA on a loan modification halted the foreclosure process so it would be shorter time to foreclose and then I was told it could be 3 years since NY is a judicial state. I have kids and although they are older I really need to know how long I have?