Mortgage company attorney will not give reinstatement fees

[k3elee]

Hello all and thanks for all of the wonderful advice onhere.

Got a question...

Is it extreme for a mortgage company's foreclosure attorney to not provide a reinstatement amount? I have been asking this attorney for the fees that they would be charging for over 3 weeks now. They keep putting it off saying that they are calculating figures. I have been told at least 1o times that I would receive either a call or an email with the fees broken down before the end of the day. Still haven't gotten any information from them. The mortgage company tells me that they are waiting on them as well. What can I do? Is there anything that I can do to force the issue without being too rude. I understand that my foreclosure process is in their hands and don't want to make them mad and have them speed up the process of foreclosure. I haven't received a sale date yet, but would like to get this completed as soon as possible. It sounds like they are delaying things so they can collect more money. Any advice you could provide would be greatly appreciated.

[Moe Bedard]

If you received any type of Notice from the lender there should be a number that isn't the attorney's number for you to call to get that figure........or ask for the foreclosure dept. and see if they may be able to help.

[k3elee]

I have spoken to the case worker at the mortgage company who says that she can not give me a reinstatement quote until the attorney provides their fees. Spoken with the person assigned to the foreclosure at the mortgage company's attorney they have retained to file my foreclosure and they just keep telling me that they haven't gotten all of the figures together and they are waiting for information from the mortgage company. On the paperwork from the mortgage company and from the attorney they just say attorney fees to be determined. I even asked for an approximate figure and they will not even proide that. How long should I expect to wait to find out about their fees? I know I messed up by allowing my loan to become delinquent, but I just want to pay for my mistakes and move on. I am just worried that they are trying to hold off to either truly foreclose or milk me for more money.

[Moe Bedard]

When is your sale date?
What state are you in?
Is there equity in the property?

[k3elee]

no sale date yet
Louisiana
yes, probably about 20k or so

[Moe Bedard]

I know that you are wanting to cure the default and have been trying and are not getting anywhere.......I would suggest that you speak to a real estate attorney to help you because what you are going through is sounding pretty familiar with the lender going at a snail's pace when they know that their is equity in a property.................. and you are in a state that has no redemption rights for you if they do move to accelerate the foreclosure.............and the timeline is very short in Louisiana......
Please find an attorney to help you to push the lender to give you the figures.......

Louisiana Foreclosure Law

[k3elee]

Thanks ***,

That helped to answer the question on the need of getting my own attorney to help with this. You explained exactly the situation that I was afraid of. The mortgage comany said that they would work woth me and that I would qualify for a mod, but with the way they are dragging their feet, and will not provide the requested information, I am afraid that time will run out. I will be finding an attorney to help if they do not provide me with the reinstatement balance today. Thanks again!!!

[k3elee]

By the way, this is an FHA loan, do you think that a HUD approved counselor would be able to assist with this?

[Moe Bedard]

Having an FHA loan does make a difference.............and HUD themselves would most likely intervene with a case like this............first call the corporate headquarters to speak with a rep.............then call an office that is near you............and keep trying until they help you resolve this..............let them know that you are wanting to cure the default and they are not telling you the amount needed.

U.S. Department of Housing and Urban Development
451 7th Street S.W.,
Washington, DC 20410
1(202) 708-1112

HUD's Local Office Directory - HUD


Also if you were not offered a Partial Claim before going into foreclosure to bring the loan current if you were able to continue the payments if that would have been offered.............then let HUD know this as well.

Partial Claim Frequently Asked Questions - HUD

http://www.hud.gov/offices/hsg/sfh/nsc/rep/pcfact.pdf

[k3elee]

I asked my lender about a partial claim, but they said that all they would consider doing would be for me to pay a full reinstatement or a loan mod. Is this something that they should have offered me as an option? Or is it up to the lender to decide what is best?

[Moe Bedard]

it should have been looked at as an option before the property went into foreclosure..........

[k3elee]

Well, I'm going to call HUD and see what they can do for me. I also am currently waiting online for my assigned person at the mortgage company to see what terms they are talking about on a loan mod. I currently owe nearly $4,000 in arrears with late fees and then whatever attorney fees they finally decide to charge me, so I would like to see what they would offer. Any idea on what a typical down payment would be on a loan mod. I'm really trying to avoid it because in teh long term it would be more money, $600 titke fee, cost of mod, etc. In the short term though, with the right terms, it could help out my monthly finances.

[Moe Bedard]

In the case of FHA loans, what I have seen them do is the Partial Claim or a forbearance taking the past due amounts and breaking them up over a number of months and adding that amount to the current payment. So you will need to see what they offer you.

[k3elee]

I will keep trying to get in touch with my case worker. No one seems to be available to help me there today. Hopefully they will work with me, but since they said a partial claim is not an option and the only thing they would qualify me for is a mod, I'm not really sure what terms they are talking about. I am just getting really worried with them not being able to even provide me with a reinstatement balance.

[k3elee]

Can they push the foreclosure through and get a sale date without even giving me a reinstatement quote? Or even without telling me what the attorney fees are? I think I may need to contact an attorney because something about this whole thing just doesn't sound legal.

[Moe Bedard]

you will need to speak to an attorney that is familiar with the foreclosure laws in your state for that question.............as I said........the process in your state is very quick.

[k3elee]

So what kind of tame frame would you think? I know it says 60 days, but that is 60 days from when. I received returned check for 3 months of payments back from mortgage company on 12/23 and received certified notice from their attorney on 12/29. Have been in constant communication with both, but am still getting nowhere.

[Moe Bedard]

You really need to consult with an attorney that is familiar with the foreclosure laws in your state to answer that for you.....................

[k3elee]

Thank you, I will try and set up a consult with an attorney for tomorrow.

[k3elee]

Finally got my reinstatement figures. It is a bit more than I expected. And I was served papers from the sheriff on Friday. The mortgage company says that I am approved for a loan mod, but they are waiting on figures from the attorney so they can get the mod going. How long of a process is this? I just don't want to run out of time trying to get the mod and have them auction off the property. The mortgage company says they will let me know my options on Wednesday and then it will be a matter of paying the good faith money and filling out the paperwork on the mod. The reistatement quote says that it is good until 1/29, so I still have a little time, but I'm sure not much.

[Moe Bedard]

you will need to ask on Wed. because it is the lender that can pull the plug on a sale.

[k3elee]

Just a little update. I received a phone call from the mortgage company and they said I was pre-approved for a loan mod. They needed me to have a bank wire transfer of basically a good faith money. Wired that money on 1/22. The bank received it and called me with my options for the loan mod. Not extending my time frame and paying an extra $20 a month to cover the deficit. Sounds like everything is going through fine, haven't received the loan mod paperwork to have notarized and sent back yet. The mortgage company has said that all foreclosure proceedings have been placed on hold until the paperwork is completed, but there was a sherriff's sale notice published in the newspaper on 1/28 that listed a sale date of 3/4. Should I be concerned or is it normal to have that published in the newspaper although everything has been placed on hold? I'm hoping that it is just a timing thing and that it was set to print in the newspaper prior to the mortgage company placing everything on hold. Any advice would be appreciated.

[Moe Bedard]

It was probably just that.................any concerns that you have about seeing the sale date would need to be confirmed with the lender because they are the ones telling you that the sale date has been placed on hold.

Your modification docs should come in the next couple weeks........just be sure to follow up if they do not come soon.


Congratulations! I am so happy that you were able to get something worked out here.

[algebrateacher]

How much was the reinstatement amount? I'm going through the same battle with citi getting the amount? Would you please break it down for me?