Payday loans va

Then in February of 2013, Bank of America started a second foreclosure on the same property. This is the only recording of any transactions, from any bank, other than the original recording of the mortgage with First Magnus. This time Bank of America in count II, added in an enforcement of lost instrument. Of course I am fighting pro se again, so we will see what happens. The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer FORECLOSURE FRAUD BANK OF AMERICA , 2015. Yep, two very different notes, two sworn statements stating they are original. The first one was on a lost payday loans va payday loans va note count, which had an endorsement in blank on an allonge, which later was changed to an original note by sworn testamony. The second note had Countrywide filled in in the pay to the order of, with 2 additional endorsements, which was filed in the official records, dropping the lost note count. When I filed a motion for summary judgement, the bank filed an oppisition to my motion for SJ, in which they filed the blank endorsed note as the original note, with another sworn statement. This is clearly fraud on the court, because one of the notes is forged or both are. Tried looking up two endorsed notes in same foreclosure on the internet, but could only find one here in Florida. Figures, Florida has put retired Judges in our courts, to get rid of all the foreclosure cases, and it is all paid for from our settlement we got from the banks. The foreclosure laws have all been changed to protect the banks of their fraud. Not that much information on the case, looks like they swept it under the rug. The courts go after the attorneys in the case for fraud on the court, give them a slap on the hand, and tell them not to do it again. 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. Long story short, BOA bought loan from Countrywide. Filed Chapter 7 BK in April 2011, not reaffirming payday loans louisville ky the house. I did my own response, requesting more time, and just rode it out.

Apart from a few packets for yet another loan mod and letters from realtors about short sale, nothing heard until a few days ago when we got slammed (regular mail) with a Motion for Summary Judgment. Everywhere I look on the internet it says file a response.

This forum has been a great source of comfort for me. To commence foreclosure, the lender files a lis pendens and complaint with the court and serves it on the borrower and all lien holders.

The Court Clerk issues a notice of sale containing the location, date, and time of the sale, which must be published once a week for two weeks, with the second notice appearing at least five days before the sale. Foreclosure procedures in Florida are all Judicial Foreclosures controlled by the courts. The lender must sue the borrower and obtain an order to foreclose.

Depending on the guaranteed signature loans court schedule and load, it normally takes from 180 to 200 days to complete the foreclosure process in Florida. If contested by the borrower or if the borrower files for bankruptcy, this process may be delayed further. The Florida foreclosure process begins with a Notice of Default when the lender notifies you that you are in default of your mortgage. This is notice that you have fallen behind enough that the lender is beginning foreclosure proceedings. This typically happens after the borrower is more than 3 payments behind. The lender will then file a Lis Pendens, or suit pending. This top 10 loan companies is a lawsuit against you for defaulting on your mortgage, demanding that you pay your mortgage in full. The Clerk of Court will record the Lis Pendens and you will be served. You will then have 20 days to file an answer with the court in regards to the foreclosure.

By filing an answer, you will get an opportunity to present your side at a hearing overseen by a judge. Answering the complaint may also delay the time period for the foreclosure, but that is not guaranteed. There is an additional 20 day answer period before the hearing can be held. If you are unable to successfully contest the foreclosure, or work out a loan modification or short sale, the judge will set a foreclosure sale date which is typically within 30 to 45 days following your hearing. This is when the property will be sold at auction to the highest bidder. After the sale, there is a 10 day waiting period (or longer if specified in the judgment) before the Clerk issues a Certificate of Title to the new owner. The lender may sue the borrower for a deficiency judgment if the sale price does not cover the balance due on the loan plus costs. The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Please Read our Privacy Policy and Legal Disclaimer In Florida, one needs to be aware of lockouts. They watch property for activity and determine, if no activity, property is abandoned, then realtor locks are placed on property. BBT was entity responsible for this particular attempt. Always a good idea to take a pic of any suspicious activity, because some banks do illegal things.

Long story short, BOA bought loan from Countrywide.

Filed Chapter 7 BK in April 2011, not reaffirming the house. I did my own response, requesting more time, and just rode it out.

Apart from a few packets for yet another loan mod and letters from realtors about short sale, nothing heard until a few days ago when we got slammed (regular mail) with a Motion for Summary Judgment. Everywhere I look on the internet it says file a response.

This forum has been a great source of comfort for me. Thanks Just to be payday loans va clear, you say you did not reaffirm.

In any small loans with no credit check case, when the bank was notified - you did list them as a creditor, I hope - there was an automatic stay of the foreclosure. The bank likely filed to have the judge lift the stay to allow them to proceed with foreclosure. Ideally, the attorney will file enough objections based on documents and anything else to delay it until you can leave comfortably. But, do accelerate to the extent possible your exit as the house is gone. The length of time between the BK and the foreclosure should give you some idea how long any procedure can take. Under the new Florida foreclosure laws, they can push a foreclosure through quickly in a Show Cause hearing but the minute there are defenses, it goes judicial which can take a loooonnnng time. Talked to an attorney and he says we can still fight it at this stage. You are not trying to save the home, just buying time.

They must serve you in person or file an affidavit to the Court that was not possible, which then allows service by publication. Or, they can just tape the service to the front door since it actually is the house being served. When you get a document from the Court , not just the lawyer, answer it. Under the law, the plaintiff MUST file an affidavit they have the correct, original note or, they can file an affidavit that it had to be replaced if lost, under which circumstances, they have to show the chain of endorsements. Meanwhile, go talk to another lawyer who you need to make understand it is not a full foreclosure defense since the note part is not an issue. Under the law, the plaintiff MUST file an affidavit they have the correct, original note or, they can file an affidavit that it had to be replaced if lost, under which circumstances, they have to show the chain of endorsements.

Also, I got a continuance once in order to find legal representation. You can usually turn these continuance payday loans va requests in prior to the scheduled date.

Court rules vary but here motions (such as continuance) need to be filed a few days prior (for mail time to opposition) and on motion day you show up to request it before the judge. Yours should be first group (if it is general practice), included in with lawyers who have many and want in and out quickly.

If you want to learn more, court clerks can be helpful source for local procedure.

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. I was trying to get into the Making Homes Affordable program with B of A. It was my understanding that my loan had to originate before January 1st of 2009 to qualify. When I purchased my home in Oct of 2008 my loan started with Franklin Capital. I feel like I SHOULD qualify because my loan WAS done before Jan 2009.

I was trying to get into the Making Homes Affordable program with B of A. It was my understanding that my loan had to originate before January 1st of 2009 to qualify. When I purchased my home in Oct of 2008 my loan started with Franklin Capital.

I feel payday loans va like I SHOULD qualify because my loan WAS done before Jan 2009. You obtained your loan in October 2008, IMO, you should qualify regardless of whether or not it was sold at a later date!! What they did with selling off should have nothing to do loans amarillo tx with when your purchased your home aka your home origination loan date!!!! You are definitely definitly qualifed in that respect!

Could CitiMortgage have converted my mortgage to Freddie Mac without my knowledge?

Seems like the ReFi company said my new mortgage was an FHA loan.

Could CitiMortgage have converted my mortgage to Freddie fast online payday loans Mac without my knowledge?

Seems like the ReFi company said my new mortgage was an FHA loan. Your origination date should only change if you refinanced the mortgage.

It does not matter how many times it is passed to another servicer, the origination date is when you purchased the home or obtained a new loan (ie refinance).

I would contact the Homeowner Support team to inquire about the origination date using this email: The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at online installment loans bad credit or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Get free mortgage help today. 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.