Legal Question in Real Estate Law in Florida

My house was put into foreclosure, recently . Feb. 18, 2010 was the day my last payment went in on a (3 month trial period), under a home modification plan. THEY( my mortgage company) said they contacted me and left voicemails on Feb. 22, and Feb. 25, 2010.They said my modification was turned down, because of a failure to reply to their contacting me. My phone's *incoming & calls missed log* , PLUS detailed phone company records, for the whole of Feb, 2010, show NO calls from my mortgage holder. Can these records i have of no calls from them, be used as any type of defense (that i WAS NOT notified by them, before being turned over for foreclosure)???? i would think i'd at least deserve a letter in the mail, before they try to take my house.


Asked on 4/04/10, 2:46 pm

2 Answers from Attorneys
Royce Bishop Mr. M & Save My Home

You need to get help quick. Whether you hire a attorney on your own; contact county bar or Florida Bar Referral Service. These companies are so big they could be modifying in one department and foreclosing in the other department and they would not know each other. If you absolutely have to defend yourself "pro se" I would submit an answer to their complaint showing your receipts that you payed and the modificiation contract. This shows you acted in good faith. I would also show your phone records that no one called you.

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Answered on 4/09/10, 5:14 pm
Lesly Longa Longa Law P.A.

I agree that you need the assistance of an attorney here. It sounds like the bank acted in bad faith and you may have defenses available to you. Definitely keep a copy of the phone records. You have 20 days to file an answer to the foreclosure lawsuit, so don't delay. Please feel free to call me if I can be of additional assistance. Regards,

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Answered on 4/13/10, 8:59 am


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