Legal Question in Real Estate Law in Florida

I seem to have gotten myself in a real pickle. My husband and I took out a mortage on home quite some time ago, the yer hich I cannot remeber, but It was more than five years ago and less then ten years.The sad thing is is that our house was paid for when we took out the mortage.

To make a long story short, the mortage was an adjusble rate mortage, but was based on the bond market. In any case, my husband and I hired a company by te name of Loan Solutions a year and half ago, which at the time had an A- rating with the BBB. : Loan Solutions ;assured me that since my husband and I were both disabled and were having problems our monthly mortage, hat we were iin a great position to have our mortage modfied to a fixed rate.

As it goes, the Chase Bank kept turning us down becaue our mmortage was current, and Loan Solutions told me that "we cant tell you to fall behind, but ... ... that the bank would be more likedly to modify our mortage if we were behind. We therefore fell behind and paid medical bills instead.

I was under the impression that I was only three months behind, but the bank is stating that we are five months behind. I did send Chase payment of $900 on Monday. I'm not really sure how much my monthly payment is, as Chase has stopped sending me bills, but I think it''s in the era of $830, not counting tha $45 late charge.

In any cse, I received a letter from Chase last Saturday stating that it could not modify my mortgage becaus my gross income was too much. My net income, however is not, and our Medicare payments are therefore counted as income, even though I never see them as they are removed by Social Secuity. Chase is not interested in the fact that my electric bill alone is $300, nor do they care that my husband has reached has reached the donut hole in Medicare Pard D and I have to shell out on a charge around $400 to $500 per month for his presciptions alone. My food cost are around $600 giv or take monthly, as well. I also have a water bill, phone bill car insurance, etc.

Chase is now asking tat I pay the past due amount of approximately $3,800, which of course, I do not have ands have no way of obtaining.

Loan Solutions told me that Chase is holding about $800 in a suspense account and they will probably put the $900 in the suspence account as well. Loan Solutions also told me that it would contact Chase about a repayment plan for paying the past due amount, but Chase requires 50% down and I am afraid that Chase is going to deny a repaymnt plan as well, and I''m really going to up ther creek without a paddle.

I would really appreciate any adice that you can give me, As I mentioned in the beginning of m letter, both my husband I are totally disabled and we are no condition to pack everything up and move, nor do we have the money or a place to move to. I had perfect credit prior to falling behin on my mortge and I feel that I ruined my crdit for nothing. I have leass than $500 in my saving's account and we have no friends or relatives from qwhich we can borrow money.

Thank ou in advance for helpt or advice you can offer to me. Please also excuse the typos in this letter, as I am legally blind and have trouble typing and proof reading what I have writtten.

Yolanda Buonomo


Asked on 12/08/10, 1:43 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You probably already know that you need a lawyer. Go to the nearest Legal Aid Clinic, and see if they can find a lawyer who will defend you in your foreclosure case. If you have no way of repaying the loan, and you don't qualify for a modification, then the best you can hope for, is that it will take a very long time for Chase to foreclose and evict you from the property. Do not make any decisions, sign anything, or send any more money until you have had an attorney do a full review of your mortgage and your finances.

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Answered on 12/13/10, 4:43 pm


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