How can they proceed with the foreclosure case if the account is no longer behind? 5 Answers as of January 02, 2014

Received foreclosure papers from mortgage holder a little over a month ago even though had assured them. 2 past due payments were on the way. Have since gotten account current but am worried. I received notice that a hearing was being requested in court. How can they proceed since account is no longer behind? Will they hit me with legal fees? Probably drop it and not go to court?

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Janke Legal Consulting | Bruce C. Janke
The simplest answer is to call the lender and ask them about the status. Confirm that your two late payments were received. Ask if there are late fees or other costs still outstanding and ask what you have to do to reinstate the loan. Ask the lender if the court hearing will be cancelled and ask that they send you written confirmation of that. Take careful notes during the phone call and send a letter by certified mail confirming everything that was said. Call the court clerk's office and confirm whether the hearing is still on calendar or has been taken off. If it is still on, you must attend. I don't know what you mean by "foreclosure papers," but if the lender has filed a lawsuit against you, you must file a written answer with the court or the lender will win by default. Call the lender's attorney and ask what he intends to do. You really need to show the papers to an attorney to get proper advice on how to proceed. Your local County Bar Association may have a Lawyer Referral Service that can set up a consultation with an attorney for a nominal fee. It would be money well spent. If not, get the names of a few attorneys from the internet and call and ask whether they give free consultations. In either case, be sure to ask or look for a real estate/foreclosure specialist. Whatever you do, DO NOT trust the lender to do the right thing. The lender is NOT on your side. Do not assume the lender wants to work with you to prevent foreclosure. Do not believe anything the lender tells you without confirming it yourself. Tens of thousands of people have lost their homes to foreclosure by believing what they were told by the lender on the phone.
Answer Applies to: California
Replied: 1/2/2014
The Law Offices of Mark Wm. Hofgard, Esq.
The Law Offices of Mark Wm. Hofgard, Esq. | Mark Hofgard
If you were in default, the loan servicer may accelerate the balance due under the promissory note and initiate foreclosure. However, you may file a verified response to the notice of hearing (C.R.C.P. Rule 120) at least seven days before the date stated in the notice, and present the defense that you are not in default. You would provide evidence of your payments and the acceptance of those payments by the loan servicer. Additionally, you have until noon the day before the foreclosure sale to cure all amounts past due. You must file an Intent to Cure with the Public Trustee by 15 days before the sale date. Under all of theses scenarios, you will have to pay late fees and attorneys fees incurred in foreclosing. It is a good idea to go to your loan servicer and simply ask them to direct that the foreclosure be withdrawn after they receive all of your payments.
Answer Applies to: Colorado
Replied: 1/2/2014
Pelsinger | Kenneth Pelsinger
I am not sure if you received a Summons and Complaint if so you must respond to those papers If you are talking about settlement conference which is required in New York State which is a 3408 hearing in any event you must attend the court date and request a discontinuance on this matter otherwise it will stay open. Do not trust the Bank the foreclosure process and Bank process are two separate actions always respond to both.
Answer Applies to: New York
Replied: 1/2/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It may be held in suspense account if you did not send to the right place. If they had started a foreclosure then you may need to contact the banks law firm, which would be on the foreclosing documents, to have the foreclosure withdrawn.
Answer Applies to: New York
Replied: 1/2/2014
OlsenDaines, PC
OlsenDaines, PC | Kristoffer Sperry
Once the foreclosure process has begun there are several fees that the lender will add to your account. So even though you've paid the back mortgage payments, you may still show that you're behind because of the fees they've incurred. A typical foreclosure proceeding does not require any court hearings, they may be trying to sue you for breach of the contract rather than foreclose on the property. You may want to get an attorney involved sooner than later, but call them immediately and ask for the amount they are showing that you are behind and typically if that is paid they will dismiss the hearing.
Answer Applies to: Idaho
Replied: 1/2/2014
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