Legal Question in Real Estate Law in Illinois

I have been fighting foreclosure on my home for years. My original loan was held by Bank of America and I attended mediation from 8/2012-4/2013 with them continuously indicating at our sessions that my chances looked pretty good however could never provide a firm answer as my case was always "under review" Finally when I went to my last session with high hopes that there would be some resolution, my case was referred to trial because BOA failed to participate in good faith. Needless to say, BOA then sold my loan to Nationstar and we never did go to trial.

I received a welcome letter from Nationstar dated 8/23/13 encouraging me to go to their website for new information about my account. When I logged in I was thrilled to see that my modification was approved so I immediately called them to find out that the information was incorrect and basically the only way they could assist was if I paid arrears. If I could have paid all arrears or was advised by BOA early on when I was only a couple thousand dollars behind, we wouldn't be in this situation because it would have been handled somehow. The representative also advised that my mortgage was not protected by my chapter 7 bankruptcy and that a lot of people are mis-informed about that. I really feel she was trying to scare me into a short sale.

My relationship with BOA was for 13 years with my financial difficulties beginning when I was going through my divorce (10-11 years into loan). I did purchase the home as a single mother and was never late on my own or during the duration of my marriage. Unfortunately, through the course of our marriage a lot of debt was incurred based on 2 incomes with ALL of it being in my name and him not taking any responsibility for any of it when we split. My credit went from being pretty good to horrible in a very short period of time forcing me to file bankruptcy. To make matters worst, I recently lost my job of almost 7 years due to our customer re-locating out of state.

I did submit a modification package to Nationstar and spoke with their representative mid June. He indicated that I needed to submit additional docs which I did send however they claim they never received them. I find it a little ironic that the ONLY time I didn't send them certified, that they didn't receive them and they were never returned to me.

Anyways, last Thursday, I received via US mail a packet from a law firm representing Nationstar which included a notice of Motion to appear in court on 7/23/14. This packet included a Motion to Substitute Party Plaintiff, Motion for Entry of an Order of Default, Motion to Dismiss Party Defendant and a Motion for Entry of a Judgement for Foreclosure and Sale.

I feel like they are doing some real shady stuff and when I called Nationstar they indicated that they were shooting for a sell date of 8/7/14. The gentleman also said I can fill out and complete another package with more current information to try to stay. I have completed several packages and for some reason they never have everything they need and request me to do the same paperwork over and over again. I would have thought with a new lender that I would have a chance at mediation with them since I never did go to trial with BOA.

Any help or advise would be greatly appreciated.

Thank you.

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