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Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: Leia Biggbe ()
Date: July 10, 2014 12:21PM

Does anyone know if is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?

My loan was modified and then sold to another company. I was laid off in the fall and had to start working a several part time jobs. Then I got behind on payments and received a foreclosure notice. They marked the foreclosure filing that no modification had been done when in fact it has.

I filed with the court to have them provide a copy of the modification documents and they have not done so. Please note I have also tried working with the mortgage company so that my hardship has been resolved and they have been less than helpful. Is it possible to avoid foreclosure if they lost this paperwork?

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Re: Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: Answer! ()
Date: July 10, 2014 12:28PM

No. Anytime you cease making payments, whether it is on the original mortgage or a modified agreement, the current lender has the right to foreclose. I suggest you immediately speak to an attorney to see if you can modify again or short sale, to avoid losing your home in foreclosure. The first consult is always free of charge.

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Re: Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: Troll Alert ()
Date: July 10, 2014 01:48PM

OP making up numerous troll threads along these lines.

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Re: Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: bumper zzz ()
Date: July 10, 2014 08:06PM

bump

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Re: Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: MCYhT ()
Date: July 11, 2014 03:48PM

yes. it's not legal for a mortage company to do that.

how can a mortage company claim an adjustment withotu proof the homeownder agreed to it ?

(one way would be to show a transfer which the homeowner's bank agreed happened)

-----------------------
contract adjustments without a contract ?

please

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Re: Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: FcXyv ()
Date: July 11, 2014 05:55PM

MCYhT Wrote:
-------------------------------------------------------
> yes. it's not legal for a mortage company to do
> that.
>
> how can a mortage company claim an adjustment
> withotu proof the homeownder agreed to it ?
>
> (one way would be to show a transfer which the
> homeowner's bank agreed happened)
>
> -----------------------
> contract adjustments without a contract ?
>
> please

Bullshit, they can foreclose on you at any time for non-payment.

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Re: Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: True The Vote ! ()
Date: July 11, 2014 06:04PM

they foreclosed on my townhouse and now I live with my parents again

it sucks

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Re: Is it possible to avoid foreclosure if mortgage company lost paperwork for a previous modification?
Posted by: You gotta think ()
Date: July 17, 2014 12:01AM

When an account gets sold to a new servicer the lender does not change. Just bexause the servicer does.

Next the modification is not always sent to the new servicer and the new servicer is unaware of the mod because the prior servicer may also use different types of documents. How they label them. Some loan files are enormous.

Beyond that you your mortgage company is not why. You should of did more that the judge could use to stop it. Simple as that. had a mod in place you need to get on the phone and make sure they have it noted somewhere you called them. They cant foreclose for the first 60 days a loan is transferred just for the reason the account may have a mod or apprved short sale in place.

The best thing you could do is always keep documents YOU SIGNED FOR THE MOD. Some prior servicers are closed down. Can be difficult getting documents from those cases.

You can always provide tbe same documents and this is your house. You should have those on file always.

There is a huge amount of why you dont have your house.

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