I would exhaust all remedies available in the state courts first. Motion for reconsideration, then hearing,, relief of judgement, then hearing, appeal, motion to correct transcript, reconsideration, petition to state SC, ... would buy you at least another two years. Save the Federal for later. I am still waiting for Bank of America to enforce the foreclosure judgement (file a writ of execution to kick me out). I fought 5 law firms, a bunch of crooks ( I mean attorneys), and still here.Off to Federal Court I go. I received from the FHA today some of the info on my note and mortgage to confirm that yes on the 60 month of delinquency my note was sent to DASP while still in loss mitigation.
I am proud of myself though. I have been in foreclosure for 10 years with 3 different banks, and I paid down only about $20K of the $200K loan.
Its funny how there are periods of like 5 months where the servicer is reviewing the financial reviews and then it states in the 6th month that I was ineligible because I never responded.
But since I am suing for breach of contract over $75K I have to go to Federal Court. Learn all new rules, etc. And damn, they are expensive...$450 just to file a suit.
So I am in state court waiting to file my appeal.
And now Federal Court to sue the first servicer.
Oh and that stupid storm is coming my way.