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I have a sheriff's sale on my property TODAY! I want to SAVE my house! How to? THANKS!
Anonymous9 views5 answers
I was in the process of trying to modify my home loan w/ Bank of America. I wanted to secure a HAMP mod but BofA pulled a bait/switch and gave me their version of a mod (which wasn't much help at all). I made the 1st pymt in July. When I tried to make Aug pymt I was told that they couldn't take it because July's pymt was considered late after the fact. My acct rep told me I would have to resubmit my paperwork. He didn't give me a deadline and he certainly didn't say anything re: a sheriff's sale! I wasn't notified about the sale and BofA made it clear that they weren't obligated to inform me. Efforts to request documents from them proved futile--I was told there was nothing else they could do "for" me and to stop calling.
You absolutely need to contact a MI real estate attorney today, and preferably one that does real estate litigation. If the foreclosure has not yet taken place, you might need to contact a MI bankruptcy attorney to see if you can stop the foreclosure by filing bankruptcy. Foreclosure law is based upon state law. It might be possible to claim there was a wrongful foreclosure if your trial plan payment was made, and they incorrectly rejected your August trial plan payment, but this is going to be an uphill battle since it is now end of September. Banks document and record all incoming calls, so they might be able to locate your attempts to make the August payment. If the home went to foreclosure, but B of A took it back (ie it didn't sell to a third party), this will help your ability to try to undo or rescind the foreclosure sale, but you have to contact an attorney quickly. Your attorney should also contact the Bank of America Office of the President and CEO.
Why did you wait so long??? Immediately call the trustee and tell them you are filing bankruptcy and maybe they will pull it from the sale - better yet, have your bankruptcy attorney make the call. I doubt there is time for a restraining order. Best of luck.
Adam S. AlexanderCredit Repair AttorneySouthfield, MIMI licensed ·
I suggest you consult with a lawyer experienced in fighting foreclosure. Immediately! If the sheriff's sale actually occurred, you really have an uphill battle. But you may still have some rights. You can find a good lawyer in your area at www.naca.net.
If the sheriff's sale has taken place, your options are more limited. Assuming the sheriff's sale hasn't taken place yet, bankruptcy is the only way to force the bank to stop processing the foreclosure. I have helped clients with the loan mod process, and you are not alone in feeling like it's a total fiasco. If nothing else, bankruptcy can slow the process down for you to give you time to get your affairs in order before determining the best course of action. It's something that you should discuss with a bankruptcy attorney quickly, as you don't know the date of the foreclosure sale.
