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Modification started now Chase has set sale date! how to stop?


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My last payment was December 2012, This is now a rental property. I applied for a loan mod in person at a face to face, with all documents in order and accepted on 8/12/13. I received a couple of collection calls after the paperwork was turned in and I told them I was in a loan mod and told them who to contact. On, 9/25/2013 Chase came and posted on the property a "Notice of Sale", & "Notice of Trustees Sale" it had been recorded on Sept. 23rd. for Oct. 21st 2013 Sale!  The original NOD was recorded 5/30/2013 according to the notice posted. (Actually the posted notice has it reversed and says the NOD recording is 9/23/2013 and the Notice of Sale recording is 5/30/2013).  Which is weird because I tried to pay all my back payments on May 24th and the bank had refused payment.


I went to the bank immediately, asked to speak with a supervisor, which of course was unavailable. Sat with the same person as before. He of course, apologized. Updated my file.(proof of rental income) Said he had it under control. Gave me a type written letter saying due to pending modification review the pending foreclosure sale will be suspended due to the California Homeowner Bill of Rights.


Went to my mailbox today, 10/2/2013. Certified letters, postmarked September 30th declaring the Sale date! WTF!


I need some help! I know it is illegal. But illegal doesn't help me if my house sells on the steps. Seems like I should be able to sue them for fraud, abuse of power, something?


I know that Fannie Mae is the investor.


This isn't the first time that they have pulled this crap. It is the THIRD time. Last year I tried to do a mod and they kept saying I didn't send in this or that or they didn't get it time after time after time. They beat me down Until I gave up. Then I hired a company to do the paperwork for me. 6 weeks before the sale date. They did the same thing with them. Even though all things were in order, they just lied and lied and screwed around until the sale date was within hours and I borrowed the funds and caught up. That was when I lived in the house. Now, I have moved out and rented it, but I had a lot of work to do to get it rent ready (long unnecessary story).


There are unscrupulous groups here in Cali that prey on people like me that want us to pay thousands of dollars to try and save our homes and I don't want to be that victim. I am finally able to work again my little minimum wage job, thinking that I would never work again. So, I want to keep my home. I can see myself in it in 5 years if I can keep good tenants.


Your advice is greatly appreciated.

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There’s 2 ways to stay an upcoming sale:


(1) File a civil action and get a Temporary Restraining Order (10 to 14 days) and injunctive relief.

(2) Declare bankruptcy for the purpose of delaying the sale


You can initiate a civil action and sue the bank.

You as a debtor have the right to challenge the bank to produce proof of claim before they can proceed with the sale.


The Trustee is not obliged to stop the sale unless:

(a) Ordered by the court through a preliminary injunction or a temporary restraining order

( b )Made personally liable for the action through a Notice of Cease and Desist

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