Home Loans and Support

Letter from court....what is this???

Discussion in 'Foreclosure Laws' started by trying - hard, Jan 14, 2011.

  1. trying - hard

    trying - hard LoanSafe Member

    In today's mail I reived a letter signed by a judge saying the Plaintiff, GMAC Mortgage, has failed to prosecute the action for a period greater than six months...thus if the plaintiff has not shown good cause why this action should not be dismissed, the entry being journalized will be dismissed without prejudice.

    Now, I have no doubt the attorney's will file a motion, but what is this? Has this happened to anyone else?

    The court date was scheduled almost the day it was filed. How can the plaintiff be penalized for a court date provided by the court?

    I know this is most likely not going to stop my foreclosure, but I would like to know what this is.

    thank you,

    Terri
    Ohio
  2. RyanJP

    RyanJP LoanSafe Member

    Basically, the judge is telling GMAC to Sh*t or get off the pot and come back when they're ready to do something.

    The judge probably doesn't like having stagnant cases sitting on his schedule, and GMAC has irritated the court by having multiple cases filed that they aren't doing anything with.

    Are you trying for a loan mod with them, or are you just giving up the house and waiting for them to take it? If you are working on a mod, it COULD be the judge's way of saying "Give him a mod, or stop stringing him along."

    Either way, *IF* the case is actually dismissed, then they have to start from scratch again with the court.
  3. trying - hard

    trying - hard LoanSafe Member

    Ryan,

    Thank you...I just saw your reply. What could GMAC not been doing?

    Oh well....I THINK GMAC has refiled the foreclosure without waiting for the first to be dismissed. The court computer shows they have filed something that has not been assigned, so I should hear in about a week I assume.

    I want my house but I cannot fight anymore. GMAC led me into this current mess, and the worst thing they did was this;

    After several loan modification payments, I was late; they told me to pay a full payment over the phone and they would be able to work with me. They filed for foreclosure the next day.....the supervisor simply said "I am sorry you were given incorrect information, you should have paid two payments". Then said if I wanted to keep my house I must now pay the full amount with ALL attorney and filing fees.

    Just evil.
  4. shortsale973

    shortsale973 LoanSafe Member

    What most people dont know is, when you go to the bank for help all they do is pool your name as a potential default. So they run out and get MI to bet against you. All these mod. loan programs are not designed to help the home owner, they are designed to protect the banks best interest.
  5. Hopeful In Hawaii

    Hopeful In Hawaii LoanSafe Member

    How much do they make with the MI if they foreclose, or do they make money just for a default?

    Does the insurance company know they do this ?

    I know there has to be a reason the banks would hire 1000's of people to mods, it has to cost them alot of money and nothing near what HAMP gives them for doing it.

    I know the servicers make money on defaults, failed mods and foreclosures, but that's alot of work to make money.

    Now making bets seems more their style.
  6. shortsale973

    shortsale973 LoanSafe Member

    Remember banks are in the business of lending and making money. Banks never loose and if they do loose the govt will give them bail out money. Just think, what if the bail out money was given to the banks because the banks reported they were going to loose money (because of the defaults) and if they did, no more lending would occur. But instead they mask the bail out money behind "saving the home owner" but in fact they are only saving the banks.....
    Even if the bank forcloses, do they loose? No. They get the house back + who ever comes along and buys it and sells it, and buys it, and sells it...etc.... Banks never loose.
  7. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    You may be able to file an action yourself stating you have received irreparable damage from the action. See an attorney and get the jump on them.

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