[128504]

Need some help on a foreclosure issue

[excon]

Hello 1:

We'd be glad to supply it too, but we need a little more info.

excon

[128504]

We are having trouble with the scotia bank.
In 2000 we switched, our mortgage on a mobile home and land, from the cibc to the scotia bank.
The scotia bank made a mistake. In 2001 we bought a house to fix up and move into this when it was finished.
The mobile was to be sold and the money from this would go towards the house.
In late 2003 or early 2004 we discovered that the scotia bank had made mistakes.
We went to the bank to consolidate a few small bills at that time, but they didn't want to do anything unless we were signing a piece of paper that would give them some security.
We were not willing to do that because we would be without a mobile and without a house.
In July 2004 we received a letter that they were going to force this issue on us.
We then went and sought help from a trustee filled a consumer proposel and everything that the bank was trying to do would stop also we were told by the trustee to stop making our mortgage payments until this would be settled.
After a few contacts with the lawyer from the bank and the trustee we were told that we shouldn't worry and everything would be settled in no time.
As of yesterday we lost our land, have a mobile,no house any more, was sold recently.
The bank has sold the land under foreclosure, default in payments.
Now we have a mobile and no land to put it on. By filling a proposal we lost our credit can't get a loan anywhere to buy or move this mobile.
In short we were poorly treated by the scotia bank and the trustee,in the past two years this has consumed a lot of time and aggravation and not to metion the endless sleepless nights.
Where can we go from here and what can we do.
Anyone that has any advice, suggestions help just anything.
PLEASE HELP US SOME HOW

[ScottGem]

You need an attorney. I don't know what this "trustee" was or who they represented. But something more seems to be going on here. Before the bank can foreclose on the property there should have been a court hearing. Were you notified of this? Were you notified of the sale?

What alleged mistakes did the bank make?

From what I gather you owned 2 pieces of property, the land where your mobile home sat and another lot with a house that you were fixing up. Did the bank hold both mortgages?

[128504]

The trustee is a firm that deals with bankruptcy.
They were representing us.
We were not informed officially by the bank or the trustee about the foreclosure sale.
We found out by a realestate agent coming up to take pictures of the land.
The mobile and the house were on the same property.

[ScottGem]

So you were filing or contemplating filing of bankruptcy?

You bought the land with the house, then moved your mobile home onto it while fixing the house to make it livable, is that the situation?

I don't know about Nova Scotia, but in the US, there has to be a court filing before a foreclosure. Since you were living on the property, I don't see how the bank couldn't have found you to serve papers.

Again, you need to get an attorney IMMEDIATELY to file a stay to stop the sale.