Legal Question in Real Estate Law in Wisconsin
Bank of America has March, April, May, June, July and August house payments and I have receipts that they were cashed and they say I am behind on my mortgage payment and started foreclosure on me. I have records that all is current and have spent countless hours talking to them to resolve the issue. Nothing is getting done. It is now been reported to the credit bureaus and the ccap. I am frustrated. Do I have any recourse after I get things straighted out?
1 Answer from Attorneys
If you feel that you have a defense in a foreclosure case, it is critical that you file an answer within 20 days of being served with the summons and complaint. Service can sometimes occur via newspaper publication, so it is important to follow the legal notices in your local paper. If it is too late for that, you can re-litigate the correctness of the bank's claimed arrearage amount in a chapter 13 bankruptcy proceeding, which can also stop the foreclosure and allow you to resume payments. However, if you do neither of these things, you will indeed lose your home by default and your arguments and receipts will never be considered by the court. The bank has no obligation to talk with your or even act reasonably once the foreclosure starts. You are in dire need of a consultation with an experienced bankruptcy attorney, who can provide the details about all of these options. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. These public comments in this online forum do not create any attorney client relationship with anyone.