Legal Question in Real Estate Law in North Carolina

I fell on my mortgage in 2008 but called my lender to make the proper arrangements. The lender�s customer service rep advised me to let my mortgage get more than 3 months behind then request a loan modification. I did as I was told and was granted a modification which increased my regular fixed rate by $200 per month. In 2009 I fell behind on the higher payment and called my lender and a different rep told me to let my mortgage become default by more that 3 months and I could request a new modification with a lower more comfortable monthly payment. I did as advised and received a new monthly payment which was very comfortable for me. I was told I would be placed on a 3 month forbearance period then I would receive documents at the end of the 3 months making the payment permanent until the end of the loan. I made the 3 payments but never received any documents form my lender. I called several time daily then finally received a letter stating that I was denied for the modification. Now 3 years later I am still working with lender to modify my loan. And recently the lender has filed for foreclosure and is not making any effort to modify my loan. Each time I call to check on the loan I am told that �it is still in underwriting�.

What advice can you offer me? Should I file a countersuit for fraud or misrepresentation?


Asked on 9/18/12, 6:40 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

I would not advise a lawsuit as they have not been succesful and proving that they told you to get farther behind will be very difficult.

You need to call Legal Aid of NC, or a hosuing counselor in your area. If you go to www.hud.gov, this can lead you to a list of approved housing counselors in your county. You need to get assistance with working out your modification.

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Answered on 12/07/12, 4:03 am


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