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This is a discussion on In Forebearace with Chase but now Foreclosure court date set within the Florida Attorneys forums, part of the Ask the Attorneys? category; I have been in forbearance for 2 months and have one more payment on June 15. Yesterday we got the ...
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| Member Join Date: Oct 2008 Location: Cape Coral , Florida
Posts: 17
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | In Forebearace with Chase but now Foreclosure court date set I have been in forbearance for 2 months and have one more payment on June 15. Yesterday we got the court date for the foreclosure hearing/motion for summary final judgement that is on June 12. How am I supposed to handle this? I have not even made the third payment yet and the clerk of courts here in Lee County said that they will make a decision as to granting the motion to Chase. They said if judgement is for Chase the house will go up for auction in 30 days and if not sold at auction then it will go up for sale. Chase gave me a run around as to why this has been scheduled for a court hearing. Everything I have read is that while in forebearance the foreclosure date would be delayed since we are in an agreement with Chase. The Homeowners preservation deparment at Chase told me that is this goes through that she is out of the picture. The Modification Department said to talk to the Fannie Mae department -- they would be the only ones to delay the court date. The Fannie Mae Department said that the court case will go as scheduled and that the property cannot go up for sale as long as we are in a forebearance agreement. I am so confused. What are the Florida laws on this subject. I called the Executive Office for Chase today and they said they will refer it to the Executive Loan Office and to wait a week. Please give me an idea as to should I pay the final forebearance, should I call their attoney get my own attoney or should I start packing? |
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| Real Estate & Mortgage Law Attorney Join Date: Jan 2008
Posts: 88
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: In Forebearace with Chase but now Foreclosure court date set That is terrible....if you have a valid forbearance agreement, they should not be proceeding with the case. You can contact me if you'd like to discuss it, or at the least contact the lawyer for Chase and explain you have a forbearance agreement and why are they still litigating the case. I am sure if Chase's lawyer handling the foreclosure case knew about the forbearance, he/she would not proceed with the summary judgment motion, but you need to get his/her attention!
__________________ Law Offices of Marshall E. Rosenbach Please call me anytime at (561) 627-8990 www.FloridaLoanLaw.com The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Licensed to practice law in the states of California & Florida. |
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| Member Join Date: Oct 2008 Location: Cape Coral , Florida
Posts: 17
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: In Forebearace with Chase but now Foreclosure court date set I found out something very interesting. When I went on the Fannie Mae site and search my property , it says that Fannie Mae owns my mortgage. Does this mean anything? I know when the foreclosure papers were first sent Chase stated that they lost the promisory note. Could it be that they had already sold it not lost it. I am going to call their attorney tomorrow and see what happens. |
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| Real Estate & Mortgage Law Attorney Join Date: Jan 2008
Posts: 88
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: In Forebearace with Chase but now Foreclosure court date set Ask whether you are eligible under any Fannie Mae loan workout programs. Let us know what they tell you and why they say you are eligible or not.
__________________ Law Offices of Marshall E. Rosenbach Please call me anytime at (561) 627-8990 www.FloridaLoanLaw.com The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Licensed to practice law in the states of California & Florida. |
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| Senior Member Join Date: Feb 2009
Posts: 1,303
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: In Forebearace with Chase but now Foreclosure court date set Sera, yes this does mean something. Have you gone to Fannie mae website to see criteria for qualifying? Hold your ground and get an attorney pronto to stop this! |
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