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Old 09-08-2005, 07:12 PM
cercis cercis is offline
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Default Re: Behind on Mortgage for months?

It all depends on your state. Some states say that if they instituted foreclosure proceedings when you tried to send in a payment, then they are in violation of state law and they are fined and your fees are waived (you still have to pay your payments, however).

But, if they've sent the initial demand letter then you could be stuck. In many states that demand letter (which is the letter stating you are x number of payments behind and you have 20 days to bring it current) means that they can proceed with foreclosure unless you completely reinstate the loan.

Talk to the supervisor. Ask if they have a "workout department". Explain the situation. Most large companies will want to work it out. A foreclosure will cost a company anywhere from $500-$2500, just for the foreclosure, then they have the costs of eviction and marketing (and you are well within your rights to make them evict you rather than moving out).

I used to work for a mortgage company doing foreclosures. I hated people who did everything they could to stall the foreclosure, because it made my job harder. But I admired them because they were doing whatever they could to survive. This included filing multiple bankruptcies (first the dh files chap 13, then after it is dismissed, the dw files. When hers is dismissed they file jointly. when that one is dismissed they start filing chap 7) this would irritate me because I knew their attorney was taking $500 each time they filed and if they would have just saved that money, they could have paid us. But as a bankrtupcy attorney pointed out to me, they only require a payment of $75 and then they take payments on the rest.

I hope it doesn't come to that for you. Ask nicely. Be courteous. Try not to get mad, but if you have to cry, go ahead and do it.
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