chase foreclosure after being reviewed for modification

[juliomaiza]

chase said we will not foreclose if you are being reviewed. and they misled me and chase took the house back. now they want me to move out and i spoke to an attorney and he said i needed a motion to vacate sale. this is going to cost a lot of money. i had a prior lawyer where he took my money and 6 weeks later he was in trouble and came out on the news of all the scams they were doing.. i feel is very unfair that chase took the condo back. i have been calling every week and sending them everything they need. i keep receiving letters to modify my loan and the condo has been sold to chase again. i spoke to melissa reed at chase and she said theres nothing we can do you lost your home.. this means that david lowman is not improving in nothing with the modifications. my wife and are working is not like i want a modification without a job.. i requested many times to start making payments and they said i couldnt until i was approved. over the phone many times they gave me estimate of what i was going to pay approximately 800 dollars. and they would tell me expect the paper work from 7 to 10 days. well paper never were sent. i spoke to many people and if there is an investigation and they read all notes its very clear i have been misled all the way through..i want to have a motion to vacate sale and have it reversed.

[davephx]

Ironically this was the concern raised in yesterdays House Oversight Hearing and Lohman assured Congress this would not happen......

If you have any Democrat Congress folks would try and get them to help. If only R's probably not much hope. Would also file complaint with OCC - they DO respond. Did twice for me.

Actually once via McCains office so not all R's will do nothing.

If you are Freddie or Fannie backed they can be attacked (especially Fannie).

Obviously from what you said this is not suppose to happen and in theory should not have to pay a lawyer to correct it.

Big issue may be who bought the house. If Chase far easier to try and fight than if an investor/private party.

[nickelnm]

I agree that it sounds likes you were trampled on by the big guys, so go to the law library or get online and so some research. If you are in a judicial state, then you can file a motion to vacate sale and use your notes from your conversations (who you talked to, when you talked to them, and what was said) as an exhibit.

If you are in a non-judicial state its a little harder as you will have to file a lawsuit against them and pay the filing fee (mine was over $200.00), but if its a chance to save your home - then give it a shot. It does take lots of research though.

I am not a lawyer and this isn't legal advice, rather my opinion based on my own experiences.

[SavvyOne]

Juliomaiza
I would send the whitehouse a fax -- and am email complaint to the oversight committee. I don't know all the surrounding circumstances, I just know my experience lets me see all the lies the banks tell. I think you need to be pro-active and if nobody yet bought your home and it went back to the Bank = you may have a chance. Oops just noticed your post date. It's maddening. Good luck.

[Againsttheodds]

Julio.. It looks like your in a Non-judicial state. There's not much you can do but move out. Even if you file a lawsuit (which can be very expensive) the best the lawyers can do is find error during your foreclosure process (not sending you a NOD, posting in local newspaper, etc) If the banks followed the steps, then there's nothing the lawyer can do.

Unless you received a documents that state they're offering a trial mod (sign and returned) then all it was is a standard phone calls. All the notes on their system will not do you any good.

Sorry, I have to be the bearer of bad news. Good luck and let us know what you decide to do.