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If someone can please advice
Anonymous2 views4 answers
Please help, i was not personally served with the foreclosure summons but received them by mail, my home is homestead and i called the mediation department and the coordinator explained to me that i have the right to mediation and for her was strange that the bank filed a motion to exempt mediation the following day the filed foreclosure to over ride my right that she was going to contact them and make a note in my file, my question is the bank violated my rights by doing that? The judge will be able to see that note about me contacting the mediation department and will take that into consideration? Thanks for your attention.
This was discussed previously. Although there is a right to mediation in foreclosure under RMFM, there is no real time frame it must be done. Mediation can be anytime up to the trial date, and typically is not done until later in the case once you know more about the strength (or not) of your case. The judge isnt going to do anything other than grant your request to mediate; there was no harm done here as mediation can still be done for months/years to come in your case. I am not sure why the bank requested exemption from mediation, unless if was exemption to participate in-person if the bank is out of state; which is common. As previously discussed, doing mediation early typically is worthless versus doing it later once you have loan modification documents filled out or something to actually discuss. This early in the game mediation is very likely a waste. If you want to keep your house contact a lawyer this week who will help you sort out a strategy.
David Luther WoodwardChapter 11 Bankruptcy AttorneyPensacola, FL ·
Have you considered discussing you situation with a lawyer who does Chapter 13 representation?
Mr. Klurfeld is correct, but if you want to have some control over the proceedings, please understand that Chapter 13 can be a sword as well as a shield. But you need an experienced Chapter 13 practitioner on your side.
Call NOW, not later
Good Luck
d
Did the bank violated your rights? It is hard to tell, but it is unlikely. Maybe the bank was unable to locate you and they are now trying to serve you by publication, which includes sending a copy of the complaint to all you previous known addresses.
You need to speak with a foreclosure attorney to help you deal with the courts. You have not lost your right to mediation. However, if you do not respond properly to the complaint, you may waive important rights. See a foreclosure defense attorney today.
Don't believe the mortgage company is going to be giving you the best advice available. You need to consult with your own independent Attorney, either versed in the Foreclosure Rescue or the Bankruptcy area. (S)he will be able to discuss with you the options that are available, and map out a strategy to take control of the situation. Often times when an Attorney establishes contact with the mortgage company, the procedure becomes more simplified because they know the foreclosure is going to run into roadblocks. It is at that time that calmer more reasonable alternatives become available. Contact a qualified Attorney today. Remember your house is in jeopardy, so don't delay. Best of Luck to you.
