Legal Question in Real Estate Law in New York

foreclosure

In 2004 I had my house foreclosed on. Before all this came to the end I tried to work with Option One Mortgage Co. I sent $1500 then $2000 then $1000 and they wouldn't accept my money and returned it to me. Each time I tried to talk to someone like a supervisor, I was given the run-around each time, that I either had to pay the entire amount or I would be foreclosed. The level of management and trying to work out a plan was impossible, 3 days before the house was to go for auction I spoke again with Option One and the lady I spoke with ''Kim'' said there was nothing I could do it was too late. Not one to give up, I asked to speak to a supervisor and she stated that there was no to help me, I said you mean to say you have no supervisor in your office, and I was told no, they did not have one, I said well you have to have someone who is your Boss after a long back and forth she finally handed me over to a ''Supervisor '' that did not exist....His name was Mike. After pleading with him to help I was able to come up with a plan and he told me I had to send $2000 to stop the foreclosure. This was good for 30 days, they laid out a list of expenses that I just couldn't meet...question what can I do to recover my money from option one?


Asked on 4/05/07, 1:46 pm

1 Answer from Attorneys

florence hessen florence f. hessen,esq

Re: foreclosure

Hi:

If they offered to adjourn the foreclosure for a period of 30 days for a payment of $2000 and you agreed then I believe you are without recourse. That being said, you might want to call the State Banking Department, or potentially think about an action in samll claims, if you believe your facts support this action.

Good Luck

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Answered on 4/05/07, 4:55 pm


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