[iluvshamrocks]

foreclosure. We tried to find out what was owed and make a payme They wouldn't tell us the total amount due, but that we should be getting a letter in the mail with the amount. On Jan. 22 I contracted with a mitigation company. On Jan. 29 I was told by them that an agreement had been reached and that I should get a package in the mail in about three weeks and that my first payment would be either March or April 1. I got a letter from the mortgage company lawyers on Jan. 24, again with no total due, but to call for the total and that I had until Feb. 21 to bring loan current. On Feb. 1 I got a letter that the case was back with the loan workout department, and on Feb. 6 another letter stating they had received our authorization to discuss our case with our mitigation company. Last night we were served with papers filed on Feb. 4 for a foreclosure with a date of sale of March 27!!!! We are to appear in court on March 3. Can they do this? It hasn't even been 30 days since the date of notice from the lawyers! What can we do?
The letter authorizing the mitigation company to discuss the loan was dated Jan. 30. Also I know we owe apx. 7k and offered to pay that amount originally.
We hired a private mitigation company since Countrywide would not give us any answers. The letter from their lawyers was dated Jan. 21 and states that we have 30 days to respond or reinstate. The papers for foreclosure and to obtain a sale date were filed on Feb. 4. How can they do that?

[Anne M]

It sounds kind of like the mitigation company was wrong when they told you that an agreement had been reached. If you just got a letter on Feb. 6 saying that they've received authorization to discuss your case with the mitigation company, it doesn't really sound like any discussion has taken place yet, and the due date is getting closer. The letters are probably automatically generated based on the date and how much time is left.

If I were you I wouldn't rely on the mails anymore, but get on the phone and talk to the bank or company holding the loan, and tell them exactly what you thought was going on. Then call the mitigation company and find out from them what's going on. But my main advice would be, get some money together even if you have to borrow from family and friends, so that you can tell them you're ready with a substantial payment. That will speak louder than anything else.

Just my advice; I don't know much about foreclosures but it seems like there's been some bad communication between the various parties.

[Rosee]

It depends on your state laws, and how many months it has been since you made a payment.

Call a lawyer.

[pegsterh82]

Some mortgage companies send a breach letter to you. A breach is a notice of default. In some states, these are mandatory and even some states require 2 notices.
Your mortgage company should be able to provide you with reinstatement or payoff figures. Is your mitigation company and your mortgage co the same company?? If not, that is odd. However, i would suggest getting a lawyer. File a complaint or an answer or if you're desperate a restraining order. Have your attorney demand for information you want/need. Filing a complaint or something with the court can postpone your sale and delay the foreclosure process. Unfortunatley, this will be a frusterating road for you. Good Luck