There is a good chance some paperwork is missing or inaccurate. Don’t make it easy for anyone to take your house away; FIGHT BACK!! Below are some of my tips on getting started.
#1: You will be getting a package in the mail to file for mediation. All of the instructions are for Clark County, so ignore the address they give you and file with your local court. I believe the cost is $250 for mediation plus a $25 fee. If your home is owner occupied, DO THIS!
#2 Next, see if you can get some leverage with some inaccurate or missing paperwork. If you find something good enough, it is possible to make this all go away. This is my tip for getting the documents you need quickly and completely: Go to the CFPB website • start a new complaint •start your complaint • select mortgage • choose the loan type •struggling to pay •yes, you are concerned about foreclosure • yes, you’ve missed payments •no, there is a date scheduled (unless there is one) •no, you haven’t paid someone (unless you have) •yes, you’ve tried to fix this. Under what happened:
This is not a complaint, just a request for information. My servicer has filed a notice of default. I am requesting a COMPLETE copy of the servicing file, which must include a BLUE INK copy of the note and deed of trust, in addition to a COMPLETE payment history, all assignments of transfer and copies of all modifications, if any.
Under fair resolution: I need copies of all of the information requested in order to defend the foreclosure action filed against me.
Fill in your servicer info and account number. Review and submit.
Send this same request to your mortgage servicer at the address listed for correspondence on their statements.
#3 When you get back the servicing file, review it. Look at the payment history. Compare it to statements you have. Do the payments match? Do the balances match? Do the interest rates match? Does the interest at the end of the year match? Look for contradictions. Do the payments on the payment history match what you actually paid? If you put your loan on a mortgage calculator, does the balance match?
#4 If you find discrepancies or missing paperwork, start filing complaints. Here are some entities to begin with:
#5 Prepare for mediation. If you have something fraudulent, write a summary of anything and everything that is incorrect in bullet point form and attach your proof; send it to your mediator.
If you don’t have anything , start thinking about the resolution that is going to work best for you. Come up with 3 scenarios, starting with what is ideal for you, so you’re best prepared to negotiate an outcome you want. Some ideas include:
- selling your house and keeping your equity
- short sale, which allows you to control the process
- loan modification
- principle forgiveness
- forbearance
- payment plan
- deed in lieu
For more on what each of these do, visit foreclosure alternatives .
In any case, we advise you to seek legal advice. It is also a good idea to reach out to a HUD-approved housing counselor. Explore your options. If you have real estate related questions, let us know how we can help!
Christy Klingler. Realtor
