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Posted: Sun Jul 30, 2006 5:15 am Subject: Another Mortgage Problem

You guys might remember me writing back in April that our mortgage was going into foreclosure. Well, we received the summons from the courts via certified mail. Hubby picked them up from the post office and everything. Well, we came to payment arrangments with the mortgage company that would get us caught up by the end of the year. Officially, in December will will be out of the total foreclosure process. We sent this information to the courts and hubby talked to their attorney. I don't think we ever officially mailed him anything and that might have come back to bite us in the butt. At the time, I had just been in a car accident so my mind was all over the place. We received a letter via regular mail yesterday saying we have pre-trial hearing set for August 18th. We couldn't figure out for what and it's the same as the earlier foreclosure papers. It wasn't certified mail or anything, which was kind of odd to me. Friday, we overnighted our payment to the mortgage company. We have been doing this since early May when we paid them half down. This seems odd to be because these papers state they were filed in the courts on Friday. I'm not sure what to think at this point. I do remember sending a letter to the clerk of courts in May with the arrangements we made with the mortgage company. Now this hits us and hubby thought he had spoken with their lawyer. UGH! Well, we have all copies of cerfied checks and tracking notifications. He left a voice mail with the mortgage company yesterday stating the tracking number because it's not going to get there until Monday when it's supposed to be there by the 30th of every month. There is no grace period with this arrangement so now I am worried. I don't want us to lose our home. Should we contact their lawyer tomorrow and the clerk of courts to see what this is about? We have all the doumentation we need but I don't want to lose our home because we were late with our mortgage payment by one day this month. I told hubby to overnight it on Thursday so it would get there Friday. Today is the 30th the the mortgage company is closed. I don't know what to think or do at this point. Sad

Posted: Sun Jul 30, 2006 5:18 am Subject:

Also, I remember the lady from their retention department stating they would also send documentation to their lawyer because we had to paid then nearly $1000 in fees to get this matter straightened out. I will also call the mortgage company tomorrow since I am allowed to discuss his mortgage. I'm not on the mortgage papers but things come to me as Jane Doe.

Posted: Sun Jul 30, 2006 7:34 am Subject:

Is it possible that they'll be fine with it as long as it's DATED for the 30TH? Also..They can't get mail on a Sunday..So in the event that the 30th would fall on a sunday or a holiday, it seem like the due date would have to be the next day.

I'm sorry Mishele..I know spending your entire weekend worrying really sucks. I think it'll be ok for you..

Posted: Sun Jul 30, 2006 7:38 am Subject:

I beleive that the mortgage company while honoring your arrangement, continues on a parallel track with foreclosure proceedings right up to the point of actually taking your home. This is done so that if you fail to honor your agreement, they don't have to start over. This is what I was told by chase when I fell a little bit behind with them a few months ago (and they refused to help me in any way shape or form)

Posted: Sun Jul 30, 2006 7:55 am Subject:

Thanks Fin for the reply Smile

Well, he didn't get paid until Thursday so he didn't have a chance to go to the bank that day. We have all the receipts that we need to prove that we have made the payments by certified check, which costs a mini-fortune anymore, along with UPS and USPS 2nd and overnight delivery tracking numbers. Hubby and I talked about it this morning some more and he said he sent it two day air so they would get it on Monday. If he sent it overnight on Friday, it would get there Saturday and he said he didn't know if anyone would be there on a Saturday to sign for it. It's supposed to be there tomorrow morning. He said he should have called them on Friday but he did leave a voice mail with the tracking number. We've done all that we can do for now.

Posted: Sun Jul 30, 2006 8:03 am Subject:

What a pain!!! Mishele, I've got my fingers crossed for you!!

Posted: Sun Jul 30, 2006 8:06 am Subject:

Clay,

That stinks and that is something that we didn't think about. Heck, before we officially went into foreclose they refused a payment by us to try and catch up. We were trying to dig ourselves out of my payday loan mess but I didn't realize we were that far behind on the mortgage. Hubby and I talk more openly now so I guess that's a benefit of the things we've gone through financially this year. Hubby said he would call the clerk of courts in the morning to find out exactly what is going on. We're both kind of confused because the paper doesn't state much except that is a pre-trial meeting/conference that is scheduled. I guess he will need to also consult with a lawyer, which we can't afford right now. We'll have to find one that offers free consultations or something. He needs to go to the hearing; I think I have stressed that point. I'm not sure if I need to be there since I'm not on the mortgage. But maybe so since I'm Jane Doe and received the same notice as hubby did yesterday and prior to this. Our mortgage is with Ameriquest and we are not happy about this at all. Yes, we got behind but they sure don't make it easy to catch up. I argued with them two weeks before we got the official mortgage notice. We faxed in the documentation so I could discuss the mortgage. I'm a little better at those things than my hubby. He gets too frustrated and defensive about it. I told him not to beat himself over it. We all make mistakes so let's concentrate on the solution. We also have the check that they returned to us. It does state on the statements they have the right to refuse payment. I do have a call log of all the conversations with the mortgage retention center, plus a record of all the voice mails. I usually called from my cell phone so that's a good thing. I'll contact the mortgage company tomorrow on my lunch hour to see what this is about. I also want to make sure they paid their lawyer the fees we had to cough up for that in the beginning. ARGH!

Posted: Sun Jul 30, 2006 8:09 am Subject:

Thanks Fin, I'll keep you updated. No sense in worrying about it and ruining the rest of my weekend. I just don't see a judge in this area taking our home away from us when we've been trying to do the right thing. Then again, ya never know anymore. Rolling Eyes

Posted: Sun Jul 30, 2006 8:13 am Subject:

Hubby was talking for awhile about filing Chapter 13, even got some advice from another forum member. Things just kept hitting us and we got a little scared. We've made arrangments to pay the big medical bill that has been following us around and that's all in writing now. We had to unlist some of his stuff from the debt settlement program because they are collateral loans. The funny thing is that they accepted Consumer credit counseling. It was Citifinancial who suggested that he go with this even though there is a computer and some tools on the loan as collateral. That saves us quite a bit per month. We're catching up on some little medical bills that have gone by the wayside. Things have to work out for us. Laughing

Posted: Sun Jul 30, 2006 8:15 am Subject:

Posted: Sun Jul 30, 2006 10:13 am Subject:

Mishele-

Also,see if you are able to pay them directly online.
It gets credited the same day,and it's usually not
deducted from your account for a day or two.

And you save yourself 13 bucks!

In addition, check your states foreclosure laws,some
allow reclaimaition of the house right up to the last
minute.

Posted: Sun Jul 30, 2006 11:44 am Subject:

Jeez Mishele..
I don't know what to say. Fedex is pretty reliable, I'm sure if you overnited it for Saturday, it's probably there.
When I had some problems with foreclosure, I was able to stall til the very last moment to get my payment in.
I know that these banks would prefer their money, not your house.
Keep us posted, and I'll do some extra special praying for ya!

Posted: Sun Jul 30, 2006 2:24 pm Subject:

When Wells Fargo tried to foreclose on our home and we were trying to come up with the funds, they told us they really didn't want the house because they had over appraised it, but if we didn't pay the money they would take the home. Just another prime example of what hte pdls can do. If we didn't have the pdls and money stolen, we wouldn;t have been in that situation. Mishele, hang in there and remember we are all here for you.

Posted: Sun Jul 30, 2006 4:10 pm Subject:

Sorry, having log in problems. Clay, you're right, he should have overnighted it whether they were there or not. It would have looked better for us. I started worrying about this a little bit ago and I've made myself sick. We can't even access our online account until our mortgage is caught up by the end of December. We can't even send in a regular check. It has to be by certified check or money order. We've always done the certifed check through the bank. It's just odd that this was filed on Friday and the payment was even due until the 30th. I don't know what to think at this point. I am starting to think if they threaten us then he'll file Chapter 13 so we can save our home. We take the responsibility that we fell behind but we are always trying to catch it up. It seems that Ameriquest has been in trouble over the past year or so for charing absorbent interest rates to those with not so decent credit. I guess we'll know more tomorrow. Please keep us in our prayers. I'm just an emotional wreck right now.

Posted: Sun Jul 30, 2006 4:20 pm Subject:

Mishele-take a deep breath!Since the 30th fell on a Sunday,you'll probably be fine. There is nothing you can do until tomorrow,so take a bubble bath or something to get your mind off this. We lost our home,actually we did an assisted foreclosure because our house flooded and we couldn't sell it. The bank told us,too,that they would rather have the money than go through with taking the house,re-selling it,etc., so you are probably ok.Everytime I get off on the "I Shoulda,",I'm in trouble. I should have,could have,etc.,but I didn't,so next time I'll know to do that. Hang in there,you are in my prayers Very Happy