14 responses

  1. Michelle
    January 19, 2016

    We have a mortgage that is in my father in laws name. Been paying it 19 years have 1 year left. He passed away 5 years ago. We have kept paying the mortgage and know we will have to deal with probate court when it’s paid off. If we get behind 45 days or less can they foreclose quickly because he is deceased? Or is it more or less days.

    Reply

    • John Watts
      January 20, 2016

      Michelle,

      Normally the federal law RESPA says no foreclosure until 120 days behind. Does the mortgage company know your father in law passed away? They know you guys are paying the monthly payments?

      If you are starting to fall behind, my suggestion is reach out to the mortgage company to ask for loss mitigation help — this can include a loan modification.

      You may want to go to http://www.ForeclosureDVD.com — this is a free video training series with a detailed workbook that can help you.

      Best wishes and let me know if I can help you.

      John Watts

      Reply

  2. Michelle
    January 20, 2016

    They do know. It is a credit union. She said they could foreclose because he is deceased. At less than 60 days. I thought there might be a different law since he was deceased.

    Reply

    • John Watts
      January 20, 2016

      Michelle,

      Occasionally small credit unions have different rules but normally the timeline is 120 days. Has a probate estate been opened up?

      Bottom line is you need to get with a lawyer pretty quickly as sounds like a number of issues at play here — if you are in Alabama give us a call at 205-879-2447 and ask for Carolyn — tell her we connected on our website.

      Thanks!

      John Watts

      Reply

  3. Shea
    February 2, 2017

    If my house foreclosed and was then sold for a lower price than what I owed, how long does it take for the lender to come “knockin?” It’s been three years and I haven’t heard jack squat.

    Reply

    • John Watts
      February 3, 2017

      Shea,

      I’m assuming you are in Alabama.

      Typically the lender (or whoever bought the “deficiency”) would have 6 years from the date of the foreclosure or the acceleration. The acceleration occurs before the foreclosure.

      So probably not out of the woods yet.

      Pull your credit reports and see what is being said.

      Get with us about who the lender was, what your reports say, etc. and we can give you some thoughts.

      Call us (assuming you are in Alabama) at 205-879-2447. Ask for Randi.

      Thanks!

      John Watts

      Reply

  4. Melbin Gross
    April 3, 2018

    We are more than 5 years behind on our mortgage. We’ve tried working with our lender. Our home is set for foreclosu
    re on the 27th. We’ve decided to do cash for keys. Is there any other options out there for us.

    Reply

    • John Watts
      April 3, 2018

      Melbin,

      I’m assuming you are in Alabama.

      The other options would be:

      1. Reinstate your loan — hard with being that far behind
      2. Sue to have a court look at the foreclosure
      3. File bankruptcy
      4. Do loss mitigation — sounds like you have tried this but might be worth a final try if you want to save your home

      If you want some help, call us at 205-879-2447 (again assuming you are in Alabama) and we’ll help you think through your options.

      Thanks

      John Watts

      Reply

    • LP
      August 13, 2018

      Wait you can be 5 years behind and still live in your home?

      Reply

      • John Watts
        August 13, 2018

        LP,

        Pretty unusual — most foreclosures happen at about the 120-180 day mark in Alabama.

        Sometimes we find the mortgage companies know they messed up and so they delay foreclosing.

        Thanks

        John Watts

        Reply

  5. Mary M.
    June 22, 2018

    Mr. Watts, I typically pay my mortage within 30 days of the month it is due. It’s how my pay periods run. My mortgage company starts harassing me after the 15th of each month (the payment would be 15 days late at that point) even going as far as sending me certified mail to remind me to pay it and sending personal messengers to my home to see if it’s occupied. Is this legal? I can understand if I was 60 days late, but I am never that late. I usually pay it by the last day of the month in which the payment is due. This particular company’s tactics are tiresome for me. They are relentless. Do I have any recourse?

    Reply

    • John Watts
      June 23, 2018

      Mary,

      Probably not — at least not in Alabama.

      The contract gives the due date and technically paying even one day after that is late (regardless of any late fees). It is annoying they do all of this.

      Couple of possibilities:

      1. They truly are concerned about you not paying on time and believe you may have abandoned the house. If so, then it makes sense what they are doing.

      2. This is designed to harass you and hope you don’t respond to the “are you still living there” letters so they can claim you abandoned the house and they take it.

      If possible, see if you can get back on track making payments on time. I know that’s tough — once we get a few weeks behind its hard to move up the payments. But if you can, that would be great.

      And get with a consumer protection lawyer in your state to see the specific details. For example, if you are in Alabama we would suggest sending some RESPA letters (Request for information and Notice of error) asking about their practice of sending the occupancy letter. We would see if this company is considered a debt collector under the Fair Debt Collection Practices Act (FDCPA) — if so we would have some options.

      Check your credit reports to make sure they are not reporting you as being late.

      Bottom line — you don’t want this to get out of hand so keep doing your research and get with a lawyer soon as you can to find out your options.

      If you are in Alabama call us at 205-879-2447 and let the receptionist know I asked you to call Randi in my office about this.

      Thanks!

      John Watts

      Reply

  6. Amanda Dobarro
    July 10, 2018

    My loan company foreclosed on my home. We had no letters or notice on anything, just a side note in an email response to another email topic( received on June 22nd) our house was sold June 13th. I have seen nothing on any of it. Since then we have had several individuals come up on my property and leave paperwork from various sources. The people all say” Are you so and so? We have nothing to do with this. Call/contact(various names).” I have asked them to leave. They take their time and do not seem bothered my threats to call the police. It happened today after 5pm during dinner with my kids right there. So, I promptly called 911(no help), the lawyer(voicemail) then the loan company(OCWEN out of India). Please note that the very first time this happened(a week or so ago) OCWEN said it was a scam and not to have anything to do with them-to call the police. OCWEN changed my account number and said the creep’s visit was an attempt at fraud. Then today it happened again. Same lines. I called OCWEN and at first they hung up on me. After calling back the OCWEN rep said, no the lawyer was not with them and they would put in a code to stop the people from trespassing. After being put on hold several times, the rep then said yes those lawyers were the foreclosure lawyers and they could not stop the people coming on my property as it was “public news”. The rep also agreed that OCWEN did not give us any time to “buy back” our home and that they went straight to foreclosure/sale. I have not received any paperwork on any of it except for today. This latest “gift” was a filing in Jeff Co court(e-file) from the lawyer who was supposedly initially filing an eviction. I asked the rep several times if she knew she was contradicting herself and she got testy and said I had no paperwork to cover my story and so could not “dispute anything”. I said I was contesting the foreclosure on those and other grounds and she got angry and said ” On what grounds” I said no paperwork, you skipped the proper procedures and the address is wrong on the paperwork the creeps keep leaving on my property. She got real aggressive and bitey so I thanked her and hung up. I have no idea what to do. We thought we were the victim of fraud as OCWEN said and now those “fraudsters” are actually working with them. I have minor children and have lived here for 14 years. It doesn’t seem like they are following any of the proper channels. I don’t know really anything because I have received nothing from them. Just from the creeps. Can they do this? How do I stop the creeps and find out what the heck to do? I plan to move(no choice) but how long do I have and how can I fight this? This all stems from the original convicted fraudsters INDYMAC BANK my original mortgage company who illegally tried to foreclose on me way back when. Then they became ONEWEST and now OCWEN.

    Reply

    • John Watts
      July 13, 2018

      Amanda,

      I’m assuming you are in Jefferson County, Alabama. Give us a call at 205-879-2447 and ask for Randi. She can look up the ejectment (eviction) case and see where you stand in the court case. Then we can see what your options are. Indymac/Onewest/Ocwen — all different companies but they all act the same if you know what I mean.

      We’ll be glad to help you — call us at 205-879-2447 thanks.

      John Watts

      Reply

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