[gailgor]

:confused: My daughter is buying a mobile home and land package deal. She started buying it in 2002. In 2004 she lost her job and got behind on her payments. So the mortgage co put it in foreclosure. She paid a little over 5 thousand to stop the foreclosure. Then in 2005 she had to take a different job with a cut in pay. Got behind again and back to foreclosure. This time she $5,310.61 (lawyer fees and interest and past due mortgage payments ) she paid $2,655.31 and still had a balance of $2,655.30 that they fixed a repayment plan to pay. Her mortgage payment went up to $714.02 a month for 12 months until she got it paid back. The payments are due on the 1st of the month. They started Sept 1 2005, she sent the check it cleared the bank on Sept 8. She sent the Oct payment and it cleared the bank on Oct 17. Then she mailed the Nov payment Nov 4 and they returned her (letter dated Dec 12) check along with a letter saying she was 4 months in default. And Nov 20 they turned it over to their lawyers again. For them to foreclose. It is going to be auctioned off Feb 8 2006. She sent the Dec payment but it has not cleared the bank and they have not sent it back to her. My daughter fought hard to keep her home and now they wanted a little over thirty eight hundred dollars, for her to keep her home. What can she do ? I feel as if they are taking advantage of a young mother trying to provide a decent home for her child. Do you have any suggestions that might help her keep her home. Because until they returned her Nov payment she was not behind on her payments. Thank you and have a great day..

[fredg]

Hi, gailgor,
I am so sorry to read this. She sounds like a wonderful person, caught up in legalities of the deadline dates.
I am sure you will get more answers than mine, maybe some with a better suggestion.
I would call, or go see, the manager of the Mortgage Company, and explain it to him/her. They have the power to stop this, if they want. I do wish you and she the best, and good luck.

[mr.yet]

In most mortgages she would have the right to cure the default before foreclosure can start, What state are you in. Did they refuse payment?

[gailgor]

The problem is she was not in default until they rejected her Nov payment and sent it back to her... She is not 4 months in default the way they claim she is. :confused: And they have already sent it to their Lawyers for Foreclosure ( Feb 8 2006)

[mr.yet]

Pay the payment again, and all necessary payment to bring current, keep a log on it. If they refuse payment again they will place themselves in a position of dishonor, by making payment you remain in a position of honor. Ifnecessary check will your local court or attorney on your options, if they continue to dishonor payments.

[klmgb]

Well, I'm not a financial expert, but I have read the eensie weenie tiny tiny print on many a loan paper. Unfortunately the loans are not written to benefit anyone but the lender, most all your rights come from either federal or state law. Second, if the payment is due on the first, but the check isn't clearing until 4-14 days later, that is probably what they are using as basis for foreclosure. Also, normally loan paprework will say something to the effect that if you are late on even one payment, the lending institution can start foreclosure, and even if you pay the back payments and catch up, the lending institution has the right to accept the payment without losing their right to foreclose. You need to read all the paperwork real good. Realizing your daughter probably doesn't have the money to hire a lawyer, there are usually free clinics in most places that will give advice. You may be able to call your courthouse and/or public defenders office and find out if any is available in your area.

I wish your daughter much luck, it sucks when someone is trying to do the right thing and keeps getting behind.