Legal Question in Wills and Trusts in Georgia

I started working with Chase in September, 2011 for a loan modification. I've resubmitted info at least 10 times (recent paystubs, child support docs, etc.) I received a letter from the law firm who represents Chase saying that my house was to be auctioned on the court house steps on June 5, 2012. I asked my P.O.C. why this is happening, as I was told the process to apply for a modification would stop the foreclosure.

I feel like they have been stringing me along for so long now so that when they finally do turn me down, I wouldn't have enough money to reinstate and become current. I don't know what to do.


Asked on 5/29/12, 9:50 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is no general right to a loan modification, and going through the process does not prevent a foreclosure unless the lender willingly stops it. They may have been stringing it out, and overall the modification process has been a disaster for most, but the reality is that you are going to lose your house next week. You should have received notices of this before now. You can either get them to stop it (and take their word for it), or see a bankruptcy lawyer immediately to stop it. Neither guarantees you'll be able to keep the house if you can't afford it.

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Answered on 5/29/12, 10:12 am

Glen Ashman Ashman Law Office

Chase bank is one of the worst run banks as to modifications and foreclosures. Like most of the big banks, they often "lose" paperwork, delay responses and act unprofessionally. We've seen that over and over with our clients. (Other bad players in the mortgage industry include Wells Fargo, Bank of America, GMAC, Aurora, Citibank, etc.)

You have already waited way too long to see a lawyer and need to see a lawyer TODAY. A June 5 foreclosure is an emergency. The fact that there is a date set is a message from Chase that they ARE stringing you along, as if they were seriously looking at a modification, they'd have cancelled the date.

You may need to file bankruptcy to delay or prevent foreclosure. But regardless, you should be off the computer, off the phone with Chase, and in a lawyer's office now assessing options. This is not something where you can wait a few days.

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Answered on 5/29/12, 10:14 am

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