I have signed up with a loan modification that guaranteed to modify my mortgage and prevent us from foreclosure. They have ultimately failed and the house is foreclosing. Is there any legal recourse I have here? We are in Texas.
I have signed up with a loan modification that guaranteed to modify my mortgage and prevent us from foreclosure. They have ultimately failed and the house is foreclosing. Is there any legal recourse I have here? We are in Texas.
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Answer: (1)
In the state of Texas, the lender must mail the borrower a demand letter giving the borrower 20 days to come up with all of the missed payments before proceeding with a foreclosure. Mortgage negotiation organizations often send advertisements to those with pending foreclosure actions. They promise that they can stop the foreclosure and help you avoid filing for bankruptcy. Some of these loan modification companies are nothing more than a scam. These companies usually require a payment equal to one or two month’s mortgage payments to negotiate with. More often than not, they will wait until just before and sometimes after the foreclosure sale to inform you of their inability to help you. You need to seek legal counsel immediately. The first step your attorney should take is to attempt to negotiate a settlement with the lender. You may want to try and refinance and replace your old mortgage with a new one with a lower interest rate. If you have enough equity or cash value in the property, you may want to consider obtaining “hard money” financing to reinstate the mortgage. ''Hard money'' refers to the fact that you receive a cash loan secured by an encumbrance, a lien or claim, on the property as opposed to purchase money secured loan. Because you are not borrowing nearly as much capital as you would if you were to refinance, the effect of a high interest rate is minimal. If you have little equity, you may want to walk away from the transaction entirely. Your best bet is to hire an attorney who specializes in this type of law.
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Posted by Linda Adams on 22 Jan 2010