Trial Modification started and now court date set for foreclosure - help!

[Buskerfellow]

After amost a year long battle we received a loan modification trial last month from litton. We sent the first payment on time along with the signed mod forms. Yesterday we get a call from our lawyer that we have to be in court monday morning that that litton is proceding with the foreclosure. I thought the nightmare was over but after reading a few posts, (I was away from the forum for a while), I see it is not over.....

Do I need to show up at the court hearing? why are they doing this if we are in the modification period? All the anxiety is returning

[davephx]

The Treasury directives are very clear about not doing foreclosures if there is HAMP or any other foreclosure alternative available.

Sadly the servicers are not following the directives and there is no enforcement provision in the law so you will want to fight the foreclosure. At least you have a judicial one where you can go to Court many of us don't even get that chance

[B Stevens]

I would go to court and bring the loan modification documents you signed. I would also look for the articles of whatever modification plan you received and if there is anything saying the foreclosure process is to be stopped during a modification, take it in there too.

I would think the judge would be more sympathetic and want the banks to follow the rules than the banks are being.

[Buskerfellow]

unfortunately we both thought we made copies but neither did. anyone know what plan litton is offering? I thought it was HAMP.