Foreclosure Hamlet

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Going over 3 years of foreclosure in NJ

Really don't know where to go. I'm under foreclosure just over 3 years. BOA is the servicer & Wells Fargo MBS is (according to what they say) is the holder. I contested the first time on the foreclosure complaint and got a dismissal WO prejudice...since then, haven't heard anything. Don't know how long I have until we have to move out.

Attempted to mutually work out a solution (ie modification, payment plan) but bank won't nudge.

 

Any advise would certainly be appreciated. Thanks

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Comment by Esskay on July 17, 2012 at 9:23pm

Thanks Sharon

Comment by Sharon Jones on July 15, 2012 at 11:09pm

nemo dat quod non habet  one cannot give what one does not have

Comment by Sharon Jones on July 15, 2012 at 11:02pm

Under the terms of the National Mortgage Settlement they need to provide you with documents that show that they are the "holder" or release the lien.  See www.nationalmortgagesettlement.com  Click on servicer standards.  Also your state was required to appoint a monitor that should take all complaints for failure to comply with settlement.  Find out the name of the monitor and start reporting.  I tell people to use form on www.findyournote.com (QWR letter and debt validation letter combined)

Comment by Esskay on July 15, 2012 at 5:18pm

Thanks Jersey Girl, we'll try to stay as long as we can. Don't know how long we have left.

They haven't refiled since it was dismissed last year.

Comment by jersey girl on July 15, 2012 at 12:12pm

Don't leave your house... whatever you do.  Again, this was just asked on this forum, about getting the whole thing dismissed for lack of prosecution.

Comment by Esskay on July 15, 2012 at 11:21am

I asked that Wells Fargo MBS provide proof that they were the holders of the note & that they didn't provide me a notice of intention to foreclose....

After all this, they still don't want to work out anything that would be a win win situation for the bank and my family..

Comment by Phred Maldonaldo on July 15, 2012 at 11:12am

What were the grounds for dismissal? What was your defense to first FC?

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