worried in Florida

[familyof7inflorida]

We are like many others here who are struggling to keep our home. Our story is not that unique but still after spending hours reading many posts, I am still not sure where to turn and what to do next.

I will try not to make this too long. In a nut shell.....lost my job in April 2009....called CITI and told them the next day and tried to work something out before I was behind. They wanted nothing to do with me. So now I am 6 months behind...In june I tried the "workable solutions application" AKA "cutomer hardship assistance package" which I assume is the first step in the HEMP process....at first I was approved and even given a monthy payment amount etc......but then a month later was denied. After many back and forths....never being able to talk to the same person and having to start over every time we talk to a new person......We were served forclosure papers on Oct. 12th from the county court house and had 20 days to respond. I messed up and thought we had 20 working days but turns out we had 20 calendar days. Today is day 21 and I sent a reponse via fax to the court house and to Citi's atty.. (after hours) and I will mail/hand deliver tomorrow(day 22).

First question is....how bad is it that it was over 20 days? Do they consider that Sunday(halloween) was day 20? Citi's atty is David J. Stern and I have heard quite a few bad things about him and that he is quite ruthless. I am concerned that he will even acknowledge that he got the letter today.
Next question is, should I submit a "request to set aside a default" or similar court document?

What do I do now? I expressed in my letter to CITI that I would like to try the modification application again as my circumstances have changed and I now have a bit more income and a few fewer bills.

Some stats. 1st mortg with CITI 236,000... second mortg with suntrust for 50,000....house is worth about 180,000. There is a federal tax lien on the property of $10,000 due to a 401k having been dissolved in the divorce and the penalties not getting paid.

We are a blended family of 7 (divorced father or 3 and divorced mother of 2) trying to keep our home and somewhat stable life for the kids.

Thank you for your help

[davephx]

I am not of course a lawyer and have no clue about Florida law, so my views may be worthless but...

At least you are in a Judicial foreclosure and therefore have Court access unlike us in non judicial states where we have no Court access.

1) Citi can I believe still do a trial and postphone the foreclosure sale. I think there is another process before actual sale, you just didn't meet the 20 day deadline. Usually the next step is a mortion for default judgment by Citi at least in regular suits in most States. (someone from FL will be better able to answer).

2) If Citi does not cooperate (their mod and mangers seem at least in my case try and he helpful), then you may need an attorney to file the motion or "request to set aside a default".

BTW when folks say Citi... There is both Citi Financial and CitiMortgage. Not sure they have the same staff or rules. Most of us are discussing Mortgagee I beleive.

Good luck.

[familyof7inflorida]

Yes it is Citi Mortgage. I have not found too many people at Citi helful at all. It would be so much better if there was one person that you could call and get solid and correct answers. The fact that there is no accountability for these mortgage companies who's employees have no clue what they are doing and who give false or even blatently lie to you and just don't realize or care that your life is being turned upside down.

[Sunbeam]

have you resubmitted your request for a modification through the citimortgage website? I would strongly encourage you to do that as well, and keep calling. Don't let so much time go by without putting up a fight. Write your elected officials. Who is the lender on your mortgage? Freddie? Fannie? Write them too! Don't go down without a fight and keep your eye on the ball.

[familyof7inflorida]

Thank you sunbeam and davephx for your advice and help. I will get right on that. I did not know I could do that through the website.

The loan is a freddie mac and I will contact them as well. My biggest concern right now is that they will say we turned in our reply to the default/forclosure too late (21 days) and just take it straight to foreclosure. If we can't mod this loan then I would like to at least try to short sale or even deed in lieu. They offered that to us very early on but we were not ready to go that far at that time.

What is better short sale or deed in lieu?

I know....so many question for one post.....sorry.

[Sunbeam]

Hi,
Just read your post. I can't advise you on which is better, short sale or deed in lieu, but if I were in your place I would be fighting very very hard to slow this down and not let yourself go through the stress of losing your home. Perhaps someone else with more knowledge of your question about which is better can answer that question.

Keep us posted on your progress!