Legal Question in Real Estate Law in Texas

two mortgages . One was charged off

Two home loans . Became behind on both . As of 12/18/08 I made arrangements w/ mortgage co. to have smaller loan brought current on 12/31/08 . Money was taken out . But did NOT go to pay back payments , went somewhere else ! I did NOT authorize this . So now , a charge off has been made . Second loan is in loan modification process as we speak . Both loans by the same Co. . Got a letter of foreclosure from a Dallas attorney of a sale date of Feb 3rd . . My mortgage Co. . Says that shouldn't be happening . Since it was a charge off . And I'm in negotiations with them as of right now on larger loan . What am I to do ? Sale date around the corner . Every time I call mortgage co. . I ask the same question , get different answers . I take notes oh who I speak with , time and date . Any advice ?


Asked on 1/16/09, 9:31 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: two mortgages . One was charged off

Call the trustee on your notice of foreclosure and explain the situation. If that doesn't work you can get an attorney to seek a TRO to stop the foreclosure, but be prepared to post a bond. You also may want to talk to a broker who specializes in short sales. I use www.brusenhanandassociates.com. Good luck.

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Answered on 1/16/09, 10:54 am

Re: two mortgages . One was charged off

Unfortunately, this is very common. The level of incompetence in these situations is astounding. Anyway, you need to have the mortgage company, trustee and attorney all speaking with each other. Otherwise, they'll pass the buck and delay you until it's too late. I'd suggest you get an attorney involved, NOW.

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Answered on 1/18/09, 10:45 am


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