Legal Question in Real Estate Law in California
I have a mod agreement with my loan servicer. They posted a NOTS on my house anyway. They acknowledge the agreement, accepted the first of three trial payments, but will not cancel or even postpone the trustee sale. I contacted the trustee and they will do nothing without the servicer's directive. Now my servicer is saying there is a new agreement in the mail which nullifies the one I just signed. I had no idea of this and would not have known had I not been calling repeatedly to try to get the sale canceled/ It's in the 11th hour and they say a new agreement must be signed and returned to stop the sale. How can they get away with such tactics?
2 Answers from Attorneys
They will, unless you do something about it. Don't wait until after the sale.
You are going to have to find a knowledgeable attorney and file with the court for an injunction, now, to stop the sale.
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