Legal Question in Real Estate Law in Missouri

Notice of Foreclosure after arrangements were made

My wife and I fell behind on our mortgage due to I.T. downsizings which subsequently led to us falling 3 months behind on our mortgage. On November 16th our mortgage company devised a plan, which we verbally agreed to, and paperwork was mailed to us to sign and fax back coupled with a payment NO LATER than December 1st. Otherwise, agreement was null and void. Meanwhile, since we were 90 days past due our house officially went into foreclosure and was referred to a law firm. However, on the 28th of November we signed the agreement and faxed back the forms. Moreover, we sent via Western Union the agreed upon amount on the SAME day. (11/28) Today, I checked the mail and the law firm who had been retained for foreclosure had given us notice our house is going to be auctioned on January 6th. Can I fight this? I have copies of all faxed forms and letters proving I faxed/mailed/wired all contracts and monies per the mortgage company agreement. I have been unable to reach anyone at the firm or mortage company as of yet. PLEASE advise! Thank you so much! -B


Asked on 12/17/02, 9:29 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Notice of Foreclosure after arrangements were made

Yes- You should be able to get them to abide by the agreement. Often the referral to the collector (law firm) is done automatically by computer. You may, however, need to have an attorney in your file a Motion to have the sale Stayed, AKA and injunction. Do not delay, as you may be responsible for the extra costs of the firm getting involved, under the terms of your loan paperwork.

Good Luck

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Answered on 12/18/02, 1:14 pm


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