Legal Question in Real Estate Law in Texas
I'm desperately attempting to avoid foreclosure without losing my one and only home (and it is homesteaded by the way). I have already received notice by certified mail that I have until 7/6/10 to come up with some $3500 (3 past due payments+ late fees) that I can't possibly pay by then. I'm going through a divorce and I have a 13 year old daughter who may never have anything if I can't find a way to hang on to our very modest little 47 year old, 3 bedroom home in Collin county, near Dallas, Texas.
I've made continuous attempts to work out some kind of loan modification or forbearance but my lender is totally uncooperative. Like a fool, I took Obamas' advice last year and refinanced, thinking it was my only real option at the time but it only dropped my monthly payment by $100. Because I haven't been in the new note long enough I can't qualify for any loan modification programs.
When I refinanced, I felt like a sheep being led to the slaughterhouse and I have reason to believe that I may be a very good candidate to join one of the many class action lawsuits against Wells Fargo Home Mortgage as they appear to have violated numerous federal laws not only when I refinanced but when they originally acquired my note in '05.
As I recall my note changed hands two or three times within the first 90 days or so and it ended up in the hands of Wells Fargo, much to my dismay. I'm almost positive that a forensic loan audit will prove me right but I'm doing all I can do just to catch up on past due bills and put food on the table now so I can't afford a loan audit or a bankruptcy at this point.
I'm also very curious about House Joint Resolution 192 and the whole "accepted for value" process! Since there really is no money (backed by gold,) and since Federal Reserve Notes are actually debt instruments, how can any of us possibly pay a debt with a debt instrument?
I'm an independent contractor (a telephone technician for 30 years) and when the economy is doing well, I have no problem making a decent living but I've never seen things so bad in this country in my entire life! My customers are closing their doors and filing for bankruptcy faster than I can replace them! My income now fluctuates like the stock market and I've been doing as many odd jobs for cash as possible (so I can't even prove all of my income to my lender).
I find myself in this desperate situation through no fault of my own and I'm just wondering if anyone can help me or point me in the right direction?
Thank you in advance and may God bless you all for helping us poor, broke, working stiffs at no charge!
1 Answer from Attorneys
Unfortunately I don't have good news for you. Unless you can work something out with your lender, you are probably out of luck. Maybe they will give you a forebearance or modification - just be more persistent and go to a local Wells Fargo Bank and get a live body to help you. Time is not on your side.