Legal Question in Real Estate Law in Oklahoma

No response from Mtg. Co. who purchased loan

I did a refinance with one company, who kept saying my payments weren't recd. I started sending them Fed Ex, but after a while they started returning them as not enough. A few months later, they filed for foreclosure. I filed a counter claim & completed a lengthy deposition with their attorney. This was in Sept. 2000. About that time, the mortgage was sold to another company who contacted me once about trying to settle this. I provided them w/a recap of the problems, and call them on a regular basis. Until this Friday, I could find no one who could even find the loan number, but am now finally talking to an individual who is again putting me off. I would like to refinance w/another company at a much lower rate, but everything says my loan is in foreclosure & I can get no where! How long can they just sit ther. What can I do to have it dismissed. I have a box of papers, receipts, etc. that they do not have. Is it my responsibility to AGAIN copy for them.


Asked on 10/21/02, 12:18 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: No response from Mtg. Co. who purchased loan

Thank you for your question. I assume you do not have an attorney to ask these questions of. Generally a case in which there has been no activity for one year will be set on a disposition docket. This means that the judge is asking why the case should not be dismissed for failure to present. If you want to move the case along, you might file for a scheduling conference to get some dates set as to when things should be completed and ready for trial or you might file a notice with the court of the lack of activity. However, this may affect your counter-claim also if you have not moved it along. Your other question asked whether you it is your responsibility to again make copies of your paperwork and provide it to the new company. Technically, you should be communicating with their attorney or referring them to the attorney who represented the company that started the foreclosure. However from a practical point you may wish to provide the copies in the hopes that it will result in getting your account corrected and in good standing.

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Answered on 10/21/02, 3:11 pm


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