Served with foreclosure papers but first the server gave info to our neighbor. What can we do about him?
Question:
Answer:
Why are you worried about your neighbor knowing that you are having financial difficulties.
The county did not and really have nothing to do with your foreclosure other than the fact they record the notice after the lender had filed for the foreclosure. The lender then hire a service to deliver the foreclosre notice to the person in foreclosure.
The server is normally an independent contractor that does serving notices for divorces, foreclosures and other legal documents that require in hand delivery. You will find that they also work for attorneys.
You should spend your time trying to contact your lender to see if you can solve your foreclosure problem so you can save your home for you and your family.
Most lenders will work out something during this phase so you can save your home. See if they will add your late payments and fees on as a 2nd mortgage so you will be current. Now you will have 2 monthly payments one to the first mortgage and one for your late payments that include any charges made for the lender to put you in foreclosure.
If they will not do that see if they will refinance your home for you. They probablyh won't but it does not hurt to ask.
This will only work if you can prove that the situation that caused you to go into foreclosure in the first place has been cured. In other words if you were laid off from your job, you have to prove with pay stubs and a letter from a reputable company that you work there and the job normally have to be in the same field that you previously worked. If you were ill you have to prove you were ill and now can go back to work full time. PROOF IS THE OPTIMUM WORD HERE.
If youor lender will not help youo then contact a mortgage "Broker" to see if they can be of benefit to you in securing another first mortgage to pay off your existing one, or a second mortgage to get you out of the situation you are in. If the mortgage broker can help you the interest will be slightly higher, but tax deductable, as well as certain points and fees you had to pay to get this loan. (See your CPA or tax advisor for tax information)
If that does not work you may put your house on the market for sale. If you decide to use a real estate agent make that person understand the urgency of the situation.
You may advertise in the local paper that you want to sell your home and sell it a little below market, say $5,000-$10,000. Don't worry about how it is done, see if you can make a deal with a buyer. If you can do this get them to sign an agreement of price that they will purchase the property from you for. Now take this agreement to an escrow company or title company (Look in the yellow pages under each. They are professionals and will help you from that point on. Make sure you have some type of contract that you and the seller has agreed to at to price and that the buyer will get a new loan so you can pay off the old one.
Don't be angry at your lender or the person that served you the foreclosure notice or the fact that he got the address wrong. You signed a contract that you were not able to live up to for some reason. Your job now is to save your home and keep if for you and your family.
I hope this has been of some use to you, good luck.
"FIGHT ON"
try paying your mortgage.
pretty much NOTHING! i don't know if you realize it or not, but your name is going to be published in the newspapers for WEEKS. once a foreclosure has happened IT IS PUBLIC INFORMATION. they can embarass you and will try to. they will try to bully you until you want to run away screaming. i am assuming you live in the united states. if you tell me what state you're in i may be able to lead you to some answers that you didn't even know you had questions about (your rights).
Nobody cares about the poor. If your white at least you have that going for you. I would try the Attorney General call the county the state and the city attorney general. call YOUR congressman and representative. All of these government people you have elected have people that stay in the office and make official sounding phone calls to get favors for thier constituents. Try it no way it could hurt.
No, because once your home goes for foreclosure your house info becomes public info. Your home information will go on in the local newspaper stating that your house is for foreclosure and see if there are any buyers interested to pay your debts and take over your property. You really should not be concentrated that much on what the server did, because there is really not too much you can do. You should be focusing your attention on how to save your house. As far as calling your house and banking on your door-he has the right to do so since you are in default and pretty soon this house will belong to your lender, in which case they can even give him permission to enter the house. You are lucky they haven't send the sheriff to serve you.
So get over the fact that "he told your neighbor". Pretty soon your whole neighborhood will know. Instead get your act together and pay your bills!
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