Chase Mortgage in Foreclosure going to Auction Nov. 1st -- what can I do?

[DntMessWTX]

I have been visiting this forums for a few months for a credit card lawsuit, but along with my credit lines my house was in foreclosure a few months back and in the same month I was notified of default, it went to foreclosure and auction, unreal. I called Chase and spoke to their loan mod department and they referred me to one of these HUD certified advocate groups, specifically frameworkscdc.com in Austin, TX. I gave them a ton of paper work and they basically file it on your behalf. They did, it stopped the auction. Its been a few months and I was about to contact them and see if there was an update on the loan mod--- BUT, today I was given a certified letter saying my house was up for auction on Nov. 1st!!! Now, I am back where I started...

I am confused since, I wasn't contacted by Chase, nor frameworkscdc.com by my agent. I put a call in of course, emailed, and faxed frameworkscdc.com and no response yet. I will try again tomorrow.

But, my general question is -- I have put nearly $100K in payments in this house and I am not letting it go without a fight. What are my rights? Shouldn't I have been notified by this agency or chase? It seems that no due process at all was taken and I feel like these "hud recommended" not for profits are in only in it for some kind of tax write off, kick back for loan mod bounty, who knows and once they get your loan mod paper work and hand it off they don't care--

Maybe, maybe not.

In the meantime, I want to know my options on how to get the house out of auction if indeed Chase did NOT have to contact me, nor this frameworkcdc.com and they can do what they want and this 30 day auction notice is the best I get.

So, can I file something legally? Can I sue for some obscure or not reason and try and tie the auctioneers in court or Chase themselves? There is no way on earth I can move in 30 days, I run a small biz from my house and this would be devastating --

What are my legal options? I keep hearing about all these "programs", I spend hours on the HUD site, this and that, and seems like EVERYTHING is smoke and mirrors a bunch of lies -- and no ONE seems to know what's going on??? Please help!

Thanks in advance --

Thanks.

[Massive]

Did you not fight the foreclosure lawsuit and demand the original note and the full accounting from the "loans" inception??

[Guest usctrojanalum]

Have you spoken to a lawyer? Is an emergency 13 a possibility?

[DntMessWTX]

The house went from not making payments for 2 months to foreclosure, no default, no warning, nothing. I was expecting Chase to tell me first it was in default, then threaten foreclosure and FINALLY work with me with a loan mod - which is what I was trying to get before this all happened, but I have NEVER missed a payment on my credit cards or loans until jan this year, that's when I just couldn't keep up and had to stop making payments on things. I called chase, they laughed and said I was a perfect customer and the only way to get a loan mod is to stop making payments. I tried for a refi,they wouldn't do that either, credit debt too high at that point...

Anyway, to the surprise of everyone, in 3 months from not making a payment they in one fell swoop foreclosed and put it for auction on may 4th. At that point, I called Chase to see if they would finally do the loan mod -- so no, I didn't sue or do anything since I didn't really know what I was doing (and still don't). I was able to start the loan mod process though, and as I said, it was going all well as far as I knew -- then poof I get this auction document from the same firm Chase hired before.

As far as attorneys, not that I have $200-400/hr to hire them, but I called over 20 attorneys in the Austin area for consulting on an hourly basis and NOT a single one of them was interested, they all want a "case" with lots of hours and limitless billing. So, my legal council is limited since I can't hire a damn attorney by the hour and at least get some ideas and my rights.

That said, you comment about the suing for the loan inception and all paperwork is intriguing -- sounds like we are going to force them to prove they have the loan on the house and drag them into court and waste time?? Is this still an option for me? Or another tactic?

I am not sure how bankruptcy would help the auction though? I am not against it simply to discharge my debts, but unless 7 or 13 can stop auctions, I am more looking for a proactive offensive tactic like suing them which is intriguing and I would like to hear more?

Feeling overwhelmed --

Edited September 30, 2010 by DntMessWTX

[Guest usctrojanalum]

Okay so by your response to Massive's post it is pretty obvious that Texas is a non-judicial foreclosure State. And now I am a bit concerned that you really do not have a grasp as to what is going on or how foreclosures and bankruptcies work. Honestly, find a BK attorney and see if you can qualify for a 13. A 7 would not save your house.

[DntMessWTX]

@usctrojan, I am reading more about 13, and going to spend 8 hours today making calls to BK attorneys and see if I can get one to talk on the phone --

The one thing that concerns me about 13 is my income though, I have a small biz and my company makes a lot, but my expenses are greater, thus my net is negative each month, side effect of economy and why I am in a bankrupt state for an intent purposes, but still I make a lot of money, just no net, seems the judge wouldn't like that either way?

Another question I have is this; say the house is auctioned, bought. Then at that moment I become a tenant. From my understanding, the new owner still has to start eviction process if he wants me out which means, I have to be served and then we have to go to court? Judge has to rule? Then say the landlord gets the judgment, how long do I have? 30-45 days? Or like 2 days?

What are some tactics to stop or slow this proceeding? If Plan A, stopping the auction doesn't work -- which I still don't know how to do, and hope some people have some ideas here.

Thanks --

[Guest usctrojanalum]

I did a some searching and found the below, the foreclosure process can happen at a relatively rapid pace in Texas it's pretty amazing, just like what you described.

Power of Sale Notice Requirements:

Prior to initiating a foreclosure the lender must send a demand letter requesting the payment of past due amounts which gives the borrower twenty (20) days to pay any past due amounts otherwise foreclosure proceedings will begin.

After the twenty day notice above and at least twenty-one (21) days before any foreclosure sale, further notice of the foreclosure must: (a) be filed with the county clerk in the county in which the property is located; ( mailed to the defaulting borrower (and other creditors whose liens affect the property) and; © be posted at the county court where any sale would occur.

Foreclosure sales must take place on the first Tuesday of each month (between 10AM and 4PM) at the courthouse, even if the date falls on a legal holiday. The trustee will auction the property to the highest bidder including the lender who is given credit for the value of the balance of any outstanding indebtedness under the loan.

In Texas, the lenders can also go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. If the deed of trust does not contain the power of sale language the lender must seek judicial foreclosure. The property is then sold as part of a publicly noticed sale. A complaint is filed in county court along with what is known a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed upon.

[DntMessWTX]

Yes, it can be very fast. So, your head is spinning. That said, the house was foreclosed on, we stopped it, went to loan mod, now it got out of loan mod and back to foreclosure. I will try to get it back in loan mod. But, I assume the worst, so I want as much ammo and ideas to stave off the auction, and if I can't do that, to stave off eviction, or at least being removed from the house.

However, I don't want it to get that far, so its really important I find an angle to do something during this 30 day period -- so hopefully, there are some good legal ideas here ...

I am looking into 13, but thing I don't want it to pay anything to anyone. They have got their pound of flesh 10x over. So, if I do a BK I am walking away from it all, and not paying creditors, the bank etc. At least that would be my goal... don't know if that's realistic, need to learn more.

However, I would rather play games in court with Chase and hold them up from auction or foreclosure process as long as possible, that's the real play.

I think this thread is super relevant to like 20-30million americans So hopefully there are some good ideas. Other boards seem to be full of scammers, this board is the only one that seems legit, so hopefully I can get more ideas here!

[Dr. Evil]

aren't all chase foreclosures on hold?

[Gandolf]

DntMessWTX,

Is it your goal to try to do a loan mod and keep the home? Or are you primarily looking to just stall the process and live there for as long as possible before moving out. If you're looking for the latter, I am not the best one to help you. But, if you are looking to do the loan mod and keep the home, I work in that line and work and can give you some insider tips, which can probably greatly help your chances of success. Please be specific in describing your goal and I will see if I can help you.

[FL4answer58]

DntMessWTX,

. But, if you are looking to do the loan mod and keep the home, I work in that line and work and can give you some insider tips, which can probably greatly help your chances of success.

I know two individuals with decent credit scores, but in trouble (2 months behind) and turned down for mods. A few on this board are indicating few banks really want to do mods - would prefer to foreclose instead.

What’s the real deal?

Just how attractive do you need to be for mod?

[Gandolf]

I know two individuals with decent credit scores, but in trouble (2 months behind) and turned down for mods. A few on this board are indicating few banks really want to do mods - would prefer to foreclose instead.

What’s the real deal?

Just how attractive do you need to be for mod?

A high credit score won't help you get the mod. Most of the people getting their loans modified are behind in their payments and thus would have bad credit scores. Actually, as several have pointed out, you need to show the bank that your payment situation is unsustainable and that default is imminent if they don't modify the loan.

If your loan qualifies for the HAMP program, that is your best bet as the guidelines are straightforward and readily available. Also, the government fronts half the bill for the reduction in payments, so the banks are more likely to do a HAMP mod than they are with other mod programs where they are taking all of the loss. The main problem, as you will read from just about anyone who undertakes the process of trying to get a loan mod, is that the loss mitigation departments in these banks are disorganized messes. It's common place to turn in a file to be reviewed for modification, only to have it sit on someone's desk, never get looked at, get declined for no real reason. Meanwhile, the homeowner won't be notified and will get the runaround if you go through the standard channels of trying to call in the general 1-800 numbers for customer support. Basically, you will never get anything accomplished that way, unless you are just extremely lucky and have your file assigned to someone with half a brain.

It is very late here tonight, but this weekend I am going to write up a detailed post, where I outline the steps to take to maximize your chances of getting a mod. They also expediate the whole process so you will get a clear cut answer without being at the mercy of the customer service reps who will tell you the same BS such as it's a standard 30-45 day process, only to be told the same stuff 2-3 months later after you've been going around in circles. Hopefully there is interest here at this forum to hear what I have to say. I know I have helped three of my friends obtain modifications. All three of these people had been trying fotr 6-9 months to get their loans modified and were getting stonewalled at every step along the way, and were all able to have the final approval in a matter of weeks.

Stay tuned...

[FL4answer58]

A high credit score won't help you get the mod. Most of the people getting their loans modified are behind in their payments and thus would have bad credit scores. Actually, as several have pointed out, you need to show the bank that your payment situation is unsustainable and that default is imminent if they don't modify the loan.....

Stay tuned...

Great info -

thank you, ...

ADMIN - could this thread get bumped into appropriate sticky?

Edited October 1, 2010 by FL4answer58

[Gandolf]

Great info -

thank you, ...

ADMIN - could this thread get bumped into appropriate sticky?

let's hold off on sticking this one, as the OP has some specific issues that don't pertain to mods. This weekend I will make a comprehensive loan mod guide (in a new thread) and that should probably be a sticky.

[FL4answer58]

let's hold off on sticking this one, as the OP has some specific issues that don't pertain to mods. This weekend I will make a comprehensive loan mod guide (in a new thread) and that should probably be a sticky.

Should have been specific - I meant your 'comprehensive loan mod guide''.

[marl4]

I seen this on another site! Maybe it could be of use?

http://www.debtorboards.com/index.php/topic,12471.0.html

[Guest usctrojanalum]

I seen this on another site! Maybe it could be of use?

http://www.debtorboards.com/index.php/topic,12471.0.html

Texas is a non-judicial foreclosure state, so this would not apply.

[Gandolf]

Should have been specific - I meant your 'comprehensive loan mod guide''.

I started my thread for the loan mod guide (although it's still a work in progress). You can check out what I have so far if you're interested.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1077981#post1077981

[DntMessWTX]

@gandolf,

Yes, I want to get the loan mod if its reasonable, if not then I will have to vacate if I can't afford the offer. But, that said, if they don't give the mod, or continue with these tactics, that might not be an option, so that's why I am looking at legal slow them down, counter sue, paper work, whatever, I can to stop foreclosure proceedings, the ensuing steps thereafter...

So, what's happening now is the following -- the person handling my loan mod review at Chase, quit, moved, got transferred, something -- then all her files just sat on the desk, then a new guy was hired, he didn't think to update the files. So, the dept. that handles the foreclosures, went biz as usual and put my house on the chopping block. Now, I still don't have confirmation that the loan mod is back in process due to the "mess" that Chase is inside, so trying to verify this.

But, either way, I just almost got auctioned off in 30 days and still maybe, by the end of this week I should have confirmation either way. But, even if I get it back in mod, then might not give me a good deal, so it may go back to auction, so that's what I really tactics for as well -- what can I legally do in Texas to stop, hold, slow, by months or even a year or more the foreclosure process once they are hell bent on it and won't deal with the loan mod?

However, I am very interested in getting the loan mod, but I am not optimistic about them giving it to me or the terms, we will see.

Finally, as far as all foreclosures being put on hold -- I am not sure about the reality of that. There are a lot of hold, 50,000 at chase supposedly says yahoo, but doesn't look like mine is one. But, its good news since it will slow them down.

So, really my primary concern right now is HARD core tactics to keep my home by any legal means possible, court, squatter law, anything -- not to loose my $100K of payments into it, and be auctioned and evicted. That's what I really want to know --

Tactics for the 3 escalating scenarios:

- 1. Foreclosed and going to auction, what to do before auction day?

- 2. Sold at auction, now what to do?

- 3. New owner, what to do?

- 4. Eviction notice from new owner, now what to do?

I think a complete strategy from a lawyer would be very helpful to 1000's of members of this board, so anyone with some proven tactics or has been thru this please let me (us) know. I haven't slept at all since last week when I was served this, and won't until I feel like my house isn't going to be pulled from me. Its nerve racking having to work 100 hour weeks as it is to survive, but then to think I might have to move in a moments notice is making me crazy.

[admin]

You can sue to stop a foreclosure, even in a non-judicial state...

AZ is a non-judicial state and this guy has been fighting for himself and others.

http://www.kpho.com/local-video/index.html?grabnetworks_video_id=4359096

Below is this guy's letter to Arizona Governor Jan Brewer.

Dear Governor Brewer,

I appeal to you to give Arizonans a 90-day break from the calculation of all Foreclosure / Trustee’s Sale time periods. Here is the reason.

I am a distressed homeowner facing a third Trustee’s Sale late this month on the same home. I am still in my home because I have been holding my loan servicer’s and my trustee’s feet to the fire. I have demanded that they strictly comply with statutory notice provisions and contractual requirements. This has resulted in my securing two prior trustee’s sale cancellations. However, I think I will be mowed over on this go-around in favor of the statutory provision that essentially absolves all statutory and contractual requirement errors and oversights. That is statutes A.R.S. § 33-811( & © which essentially allow the presumption of contractual and statutory compliance once the gavel drops on the sale.

I’ve been watching carefully what is happening in other states. It seems readily apparent that the foreclosing entities are partaking in a fraud of magnanimous proportions! First we had the cancellations of select foreclosures by GMAC, then JPMorgan – Chase quickly followed by Bank of America and Marshall & Ilsley. I did notice that those moratoriums were in states that foreclose judicially. This is important because those are states where a foreclosing party is likely to have to show documents in a court of law. Lenders have realized that their documents are insufficient and the exposure of further problems may result in sanctions and an accurate disclosure to the public of their fundamental abuse of power. I surmise that no lender moratoriums were issued in trustee’s sale states because it is unlikely that a lender would ever have to present any documentation to exercise the power of sale against a distressed homeowner. In fact, it is almost impossible for a distressed homeowner to get any validation from their loan servicer.

I doubt that it was the intent of the legislators of Arizona (1971) to adopt Title 33 Chapter 6.1 Deeds of Trust and deny the body politic of Arizona the right to defend themselves against a foreclosing party. As it turns out, that is exactly what has happened. A homeowner can’t even find sanctuary in court. Why are Arizonan’s that are trying to defend themselves against egregious acts of lenders, not afforded, at a minimum, to have a judge support their request to compel the aggressors to prove they have standing and the authority to proceed? It seems the body politic of Arizona is having homes stolen from them every day by multi-billion dollar foreign corporations. Why are our elected officials and judges not watching out for us?

I believe I have probably helped at least 80 friends, associates and referrals review the documentation associated with their trustee’s sale process. I have not seen one set of documentation that meets the “strict compliance” standard as ruled on by the Arizona Supreme Court. I will boldly step up and state with a high degree of confidence that the Trustee’s Sale process has never been met by a foreclosing party in the state of Arizona .

I beseech you to put a 90-day delay into the Trustee’s Sale process in Arizona immediately. We do not need a moratorium; we need for everybody to have their Trustee’s Sale process delayed by 90 days. If we put in a 90-day moratorium thousands of homes would foreclose right after the holidays. The trustee’s would run down the clock on distressed homeowners while the moratorium was in place. A 90-day delay would freeze the calculation of the 91 days necessary to wait after the Notice of Trustee’s Sale has been filed. This would result in a true 90-day benefit for your constituents.

If you would like to assemble a few (random) distressed homeowners with their Trustee’s Sale documentation; I would be happy to show you the flaws in the trustee’s sale process being executed against each of them.

May your possibilities be unlimited and your opportunities bountiful.

Darrell Blomberg

[DntMessWTX]

@massive,

So, I contacted chase and gave them updated loan mod information, they had lost the information for the loan mod, someone moved to a different dept. whatever their lame excuse was, but they are reviewing it now and said that fannie mae is reviewing it still.

The problem is the house goes to auction Nov. 2nd. At this point, I am cutting it close, and I need a weapon. Massive, you said:

"Did you not fight the foreclosure lawsuit and demand the original note and the full accounting from the "loans" inception?? "

I think I can do this still now? Right? So my question is, what exactly do I need to do this week in a court of law. I am going to file a lawsuit, am I going to sue? Then in the lawsuit request a stay of foreclosure pending this information is produced, or do I file a motion to stay the foreclosure? Not sure if I can file a motion if there isn't a lawsuit yet?

What exactly can I do in court to stop this and tie it up this week?

Thanks!

[vettegirl]

I did the "Produce the Note" strategy in a judicial state (FL) - BOA ignored me for 2 years then dismissed the case. I'm sure they'll file again in the future, but now I know I probably have a good year to keep building my business and re-establishing income

Here's info on how to do it in a non-judicial state:

http://www.consumerwarningnetwork.com/2009/03/05/how-to-use-produce-the-note-in-non-judicial-foreclosure-states/

Good luck!