my bank forclosed my home without notifying me?
I was default on my payment and bank of america informed me that they would try to qualify me for a makinghomeaffordable program. They informed me that while we were being considered for a loan modification, that would stop the foreclosure process. They proceeded with the foreclosure and are now ordering an eviction notice. (Texas) Can I do anything about this situation?
Public Comments
- No. No bank is required to offer a modification. Your mistake was believing any bank would just stop a foreclosure.
- You can pay your mortgage payments that you legally owe them. A modification is NOT an entitlement. They are under ZERO obligation to do that. YOUR obligation was to pay your mortgage as your agreed to. Your notice was when YOU stopped paying your obligations. Minor correction: The bank foreclosed on THEIR house, not yours. If it was yours, they would not be able to take it away from you. It's not yours until the mortgage is paid off.
- Texas foreclosure go much faster than other states. Sounds like you are out of luck. You should have gotten notice at least 21 days before the sale that it was going up for auction. Once the trustee sells the property at a Trustee's sale, it is final As for the home not being yours, but the banks...that is not entirely true. It is your home and you own it, but the bank also has an ownership interest through a trust and if you fail to pay your loan, the trustee has the power to sell your home without court proceedings.
- It sounds like the foreclosure already took place. Unless you have something in writing stating they would not foreclose while you were in modification and that you met those requirements (made the mortgage payments on time every month) you really have no recourse. Texas has no right of redemption, so at this point you need to pack up and be out before the date on the eviction notice.
- see a lawyer.
- I have Bank of America too but I am in Indiana. I called them because we were worried we couldn't afford to live here anymore and they told me about the loan modification program and asked me some questions and said it sounded like I would qualify and that they would send paperwork to sign up for it. They never sent the paperwork. I have fallen behind by one month and a person keeps calling about that and says they will send the paperwork but they never do. It's been several months. I feel for you as I am in almost the same situation.
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