QUESTION
can they have a foreclosure date while appealing a modification denial decision
Asked on Jun 09th, 2021 on Foreclosures - North Carolina
More details to this question:
for the last 3 years, I have made several attempts to apply for a modification and the servicer keep denied all the modifications filed including refusing to collect monthly mortgage payments from me. now they denied me a recent modification at the same time they have a sale date of June 28 I want to know how can I prevent the forclosure is there any violation of the law. can I sue them to prevent foreclosure instead of filing bankruptcy?
1 ANSWER
4 Awards
Filing a lawsuit in Superior Court to enjoin the foreclosure sale would be much more expensive out of your pocket up front (because of the attorneys fees) than filing for Chapter 13 bankcuptcy, and it is not likely to succeed in the long term. It may very well be that under the terms of the lender, you do not qualify for a loan modification. Your safest bet is to file Chapter 13 bankruptcy and you must do so before the sale date to be safe. Either way you will need a qualified and experienced attorney - do NOT hire out of state "foreclosure rescue" firms - hire a local, experienced, North Carolina attorney. Do NOT try to handle this on your own. Filing this type of lawsuit in Superior Court is too complicated for a non lawyer to handle. You can file Chapter 13 without an attorney but most non lawyers do not understand how to propose a confirmable Chapter 13 Plan, and you may end up worse off than you are now and not be allowed to file Chapter 13 again for several months if you file Chapter 13 without following all of the rules and without serious intent.
Answered on Jun 10th, 2021 at 5:43 AM
This is general legal advice only. You do not have an attorney-client relationship with Attorney Lynn E. Coleman without a signed retainer agreement and payment of any applicable fees.