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You can drag this out a long time if you have a good argument or good attorney. You have many opportunities to fight and even change the outcome. I think it is important to note the time and process of everything so you can set expectations, it was a long wait for me. I had already answered the complain when I wrote loans for poor credit it. The loan was accelerated in June, after the 2nd payment was missed. Mod is still not done and the claim makes us ineligible. A possible new acceleration date of June 2011 begins, from which to count the statute of limitations. September 2013 - we receive notification that lender has been paid out for the loan by the FHA and loan is sold to a trust.
We also receive notification of a new loan servicer. July 2015 - Settlement Conference to begin foreclosure proceedings. Judge orders them to begin foreclosure proceedings by January 2017 or he will sanction them by removing all of the interest from the loan. The foreclosure suit is dismissed and stricken from the record, and the lis pendens removed. June 2017 - The statute of limitations has expired on filing a foreclosure action (would be the second) based on even the second acceleration date of June 2011. July 2017 - We receive notice that the previous owner of the loan is moving to vacate the dismissal of the first foreclosure action. IF it was involuntary, they would have had 6 months to resurrect it, which had already passed in May 2017 anyway. And, to wait for possible motions made by the new lender, in which we can avoid paying docket fees by making cross-motions to accomplish extinguishment and settle it once and for all. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.
We still even get monthly statements from the most-recent servicer. I ended up consulting a lawyer and filed bankruptcy two weeks before cash advance mobile al the sale date of June 12. Heard nothing since then, until this past week, I got a copy of a motion sent to the Bankrupcty court, from the banks attorney, requesting that the court modify the stay on the foreclosure, so the bank may proceed.
They requested a hearing on August 22, or somewhere within that time frame.
All of which were denied for some reason or another. Bank of America served me with a complaint in 2014.
One month before the court date BOA offered me a loan modification with my first payment Sept 1, 2015. I had an awful accident and was out of work for 4 months. Once I was back to work I contacted her and she send me a loan modification packet and said due to this hardship we would consider a new loan modification application. November 1, 2017 I received notice from Bank of America saying they sold my mortgage to Carrington Mortgage. I received another letter from BOA saying thank you for participating in our loan modification program and that I no longer have a contact at BOA.
How long does it take for a sold mortgage to be processed?
Does BOA send over the loan modification paperwork I sent to them? Being that my mortgage was discharged with BOA what does that mean with Carrington? We still even get monthly statements from the most-recent servicer. Indeed, they never even applied to extend it at any point, much less before it expired (which MUST happen. They CAN file for a second lis pendens but you should answer it to the court, saying that the first lis pendens in this same matter has expired and a second may not be granted. Also, if the bank did not voluntarily dismiss the case, wait another 6 months because there is a savings provision in the NY RPAPL that extends that period by that much if it was dismissed in any other way besides voluntarily by the petitioner... Indeed, they never even applied to extend it at any point, much less before it expired (which MUST happen. They CAN file for a second lis pendens but you should answer it to the court, saying that the first lis pendens in this same matter has expired and a second may not be granted.
Also, if the bank did not voluntarily dismiss the case, wait another 6 months because there is a savings provision in the NY RPAPL that extends that period by that much if it was dismissed in any other way besides voluntarily by the petitioner...
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The owners would normally be well past the SOL, but they moved out in early 2009 and the house has been vacant since. The mortgagee has had a property preservation company mowing and winterizing since, which I believe makes them a mortgagee in possession and therefore stops the clock on the SOL. As you likely know, NY makes it so easy for a lender to foreclose on a vacant property which is why this house is such a mystery.
Regardless, knowing about the lis pendens 3-year limits is another helpful piece of info that may be beneficial should there be american general loan an opportunity to fight this.
I know the owner has 10 years to reclaim the property, and that would resume the SOL clock (or restart it?
The first lis pendens holds for subsequent mortgagees who hold the loan and want to foreclose... And again, having a valid lis pendens is the very first step - a mandatory one - to foreclose. This is a can being kicked down the road and it WILL come to a head at a certain point. Have you looked into or considered the caselaw that rules that debtors who surrender a property in bankruptcy cannot oppose foreclosure? Have you looked into or considered the caselaw that rules that debtors who surrender a property in bankruptcy cannot oppose foreclosure? They cash secured loan cannot file even a valid lis pendens, the very first step, to start one. Their lis pendens expired 3 years after they filed it. To add to this, the mortgage and the title are separate in NY state. The property still belongs to the homeowner until the foreclosure sale, which is done after judgement is obtained. If they fail to do that, the homeowner stays the homeowner.
I am smiling today because after all this time, it is finally all over and everything turned out so awesome!
After nearly six years of not paying, the bank did indeed auction off my house. In that time, my significant other and I saved enough for large down payment on a beautiful home in a nice area, which we closed on and moved in to not long before the auction date. Rates were down to record lows so we did good there too. Not long after the auction, I received a cash for keys offer taped to the front door.
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I wish all the best to those out there still dealing with the situation. The best advise I can give is learn all you can, be prepared and have a plan. The bank had been paying the insurance, right, so after they foreclosed on the house, I called the insurance company and got a refund for the remainder of the policy for the year. Try as I might I have not been able to find any records on my property online. I did a search across all NY counties for foreclosure cases that were initiated in 2014. I searched american general loan under three plaintiffs and this is how many cases each one has just for 2014 alone: Chase (2265), Nationstar (2481) and Wells Fargo (4542).
So how how to get money with bad credit many NY foreclosure cases were filed in the court in 2014 total? But if I had to guess, I think it would be in the hundreds of thousands.
Since 2007, the american general loan LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.