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Can my bank sue me for one missed mortgage payment

 
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Cleveland


Hi, Can my bank sue me for one missed mortgage payment?
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    Q. How many times can i missed mortgage payment with td bank?


    ON Canada - most lenders provide a one time skip a payment especially when your payments are in time. Speak with a TD representative to avail of this program. They may even offer you other services to help you on your current issues as a stop gap solution.

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    Q. I just missed my first mortgage payment. how long do i have before the sherif sale? will i get a deficiency?

    Powered by
    Here's the full story. i bought a house in nevada in april 2006, i was straight out of college and making pretty good money. everyone i talked to told me to buy a house instead of renting. i trusted everyone and went ahead and did it. i bought the house with 2 loans. the first is interest only and the second is a really high interest rate with a 15 year balloon. i was told by my broker that my house would appreciate quickly and i would be able to refinance or sale in a few years. now for the tricky part, my fiance had to move to oregon for school in august of 2007. i decided to do the responsible thing and stay in my house and keep my job. after a year of living alone in my house and being miserable every single day, i decided to move to oregon as well. i knew it was going to be tricky financially, but i was willing to take the risk because i was seriously miserable! i was able to rent the house in nevada but the mortgage is twice as much as the rent. so i loose about $1300 a month. my new job makes about half of what my previous job made, and i have to rent an apartment here in oregon. i've been working really hard to make it work out but it is now obvious that i can't keep relying on my small savings to bail me out every month. i have decided to stop paying on the house because i've almost exhausted all of my savings and my income is not going to go up. i don't plan on moving back into the house anyway. i honestly don't want it anymore. i want to cut my losses. i have perfect credit and no other debt. not even a cent of credit card debt, no car payment, and i already paid off my school loans. i'm 26 years old. i know this is going to ruin my credit, but i feel so burned by this whole ordeal that i don't think i'll ever apply for any kind of loan again! i know it will take 7 years to repair my credit, i'm ok with that because i'm only 26. so my question is: how long is it really taking banks to foreclose now days? i'm sure they are swamped, i read that 1 in 74 homes in nevada is in foreclosure. also, how likely is it that i'll get sued for a deficiency judgment. like i said before, i have no debt but i also have no assets so i'm not worried about anything but getting my wages garnished. i should also mention that the house has lost $100,000 in value.

    It will take about 6 months to go to Sheriff's sale. There will be a ton of notices, and they will start coming soon. You should never "be OK" with trashing your credit. You will pay more for everything based on credit score, such as insurance. This may effect your ability to get a job or an apartment. You seem to want to blame others for this, and are not overly concerned with the consequences, these are decisions you made. Taking an 80/20 loan was a terrible decision, but you are not the only one who got sucked into that scam. You also left a financially secure situation, which I understand, but again, a decision you made. You would do well to talk to your lender to see if there are options available to you, and then an attorney about what is about to occur.

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    Q. Has anybody been told atty trust fees added to mortgage payment with boa?

    Powered by
    One of the "lucky" ones to actually get a modification on mortgage with bank of america. we went through heck to get it. our experience was similar to what people in nevada went through http://www.scribd.com/doc/45607578/ nevada-attorney-general-catherine-m asto-sues-bofa-for-loan-modificatio n-fraud-the-complaint anyways, we made a mortgage payment and got the statement. it showed the money going as principal only, with $118 missing of the payment made. it took my husband one hour and 10 mins on the phone to get the money put as a mortgage payment. one rep said the money was for attorney trust fees. we were transferred to the modification department who said there were no additional fees and that all fees had been rolled into the principal as we had believed. she didn't know were the missing money went, but showed receipt of the full amount that we paid. transferred back to customer service again, they told us we had fees added to the payment, which didn't appear anywhere on the statement, after a full year of being modified. we will continue to check to make sure the phantom fees don't reappear. wanted to ask if anybody else had seen this? after the heck we went through with the modification, we are concerned that bank of america is trying to pull a fast one. they tried to get us to believe that a fixed mortgage payment can jump $118 in a single month. any experiences? anybody heard of this??

    I haven't heard of that but good job in setting them straight. Make sure you document everything and every time you talk to them just in case.

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    Q. How can i sue chase mortgage?

    Powered by
    Ok last year my mom had to send in copy loan modification papers to chase well when she went to the bank to get them fax well chase ends up call and said that their gunna start foreclosing on her because they never received the papers so they started the foreclosing and we were all pissed because she knows she sent the papers and so does the bank but she called the state governor and he stopped the foreclosing, but last month chase mortgage calls her and said she has till june 10th to pay like 90k to keep the house well non of use have that kind of money and last year when they started the foreclosing their was no bids at all and now they come and tell use they bought are house...wtf, the bank and my mom didn't know till last month, she had like 3 plans, try to get a loan from the bank, see if the bank can buy it and she pays them back or sell the house, well she tried the first two and that took awhile and didn't work so we would like to sell the house but we only got 9 days left and non of think its possible to sell it that quick, and i don't think she ignore their calls either. she only missed like 2-3 payments. can she sue them? if so what can she sue them on?

    Look for a lawyer that can help you in your problem. It's better to be legal in all transaction you will have

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    Q. Father died back in september and i have a question about his mortgage loan & personal question.....?

    Powered by
    My father died back in september and the bank called in the mortgage loan he had on the house because he owed way more on the note than what the house/property is worth.... one of my questions is my half sister who my father left half the house to is claiming her attorney told her that by law the bank has to keep the insurance my father originally had when he first took out the loan that would pay off the loan if he died even if he were to miss payments(which he did--my brother had to force him into bankruptcy about ten years ago to pay off what he was behind or else we would have lost the house)because he said that is the law ever since banks started doing home mortgage loans in the late 1940's/early 1950's. then she said that her attorney said that since my dad was already a senior citizen when he took out the original loan with washington mutual, that his being a senior citizen also makes it law that the banks must carry the insurance to pay off the mortgage even if he misses payments. then she comes up with another story that her attorney said that when obama had the new mortgage laws put into place, he also made it law that banks that made mortgage loans to senior citizens must pay for the insurance that pays off the loan even if they have missed payments and even if they die during length of the loan note or if a loan mod is in the works or even if they die while house is in process of foreclosure and hasnt been yet sold. my brothther(the other person my dad left the house to)is done with the house and wants nothing more to do with the house and we are both in process of finding a new house to move into before the bank sends us the 30 days to vacate the house notice. my sister at first was going to move into another house with her boyfriend but now because of her attorney(who i think is giving her very bad advice and i think does not know anything about mortgage laws in texas), she says she is not moving out because the house is paid off because(according to her attorney)and if the bank(chase now since washington mutual merged with them)does not have that "loan forgiveness" insurance(as i call it), then she is going to take the bank to court and sue them because her attorney said that when chase absorbed the note from washington mutual, by law that made it a new loan note and they had to pay for that "loan forgiveness" insurance to pay it off because he was a senior citizen. this is causing me a lot of stress to where i have not been able to sleep good in the past three months(i am lucky to get two hours of solid sleep a night), has caused me to develop depression and aches, pains, migraine headaches, and has caused me to get sick a lot(all due to the stress of her not wanting to move out and fight the bank because of the wrong advice her lawyer is giving her). she tried to get hold of my father's entire loan portfolio from chase to show to her attorney so he can file court papers to sue them for not giving my father "loan forgiveness" insurance. i talked with the landlord who me and my brother may get a house from(owner finance low down cuz our credit scores are not great)cuz he used to work in a bank doing home mortgage loans and he said there is no such law(and hever has been one)that banks must carry "loan forgiveness" insurance on a senior citizen's mortgage to pay it off when they die. he also said that when wamu was still operating, they had the right to take away that "loan forgiveness" insurance because he missed 6 months of payments and when chase absorbed the note from wamu's files, they took it as it stood with wamu with no "loan forgiveness" insurance and that chase was under no obligation to offer my father "loan forgiveness" insurance and that absorbing the note did not turn it into a "new" note(as my sister's attorney claims)and that when my dad went into bankruptcy to pay what he was behind with wamu, the bankruptcy did not turn it into a new note(as my sister claims her attorney has also told her). i am so stressed out with her crap that i am seriously thinking of sueing her in court for mental distress and anguish as well as sue her attorney for the same as well. can i do that because as said, this mess she and her attorney has caused has made me to get sick a lot, lose sleep, and develop depression. can i also report her attorney to the texas bar association and ask his license to practice law be taken away? also, can i, as my father's legal son(my dad only raised my half sister--ne never adopted her)and co executor of the will(sister is other co exec)challenge the will in probate court and have her taken off as co exec and have her half of house taken away from her(father had depression and dementia at time new will was made which his military attorney was never informed of)so this mess can finaly end and i can move on? if anyone who knows if anyone who knows texas state mortgage loan law or is a real etate attorney in texas reads this--please respond and message me!!

    "Once you stop paying your insurance you no longer have it..."



    There is no law that an ancient and canceled insurance payment must pay. Once you stop paying your insurance you no longer have it, otherwise everyone would pay once in life and be done with it. Obama also did not pass any free no pay insurance laws. There are no special laws for seniors, that would be illegal discrimination. Loans are not new when they are sold.transferred from bank to bank. Again, that would be illegal and make it impossible for anyone to ever pay off a loan. Every loan would be new long before 30 years. You sister sound like she is talking to some whack job. You are also correct, if this sister is his step daughter she is not really related to him at all. However, proving him incompetent when the will was drafted will be hard and sounds like there is no point, there is nothing to fight over. This is all pretty simple though. Your father had debts, those debts have to be paid, no assets can be passed to anyone before the debts are paid.

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    Q. Banks/tarp/foreclosures?

    Powered by
    I’m very serious when i ask this question. if you have some smart remark to make, please save it for another post. thank you. i believe that we can all agree, politics aside, that sub-prime loans is one, if not the, reason for our current economic problems. factor in the employment situation and our nation has a long way to go before we see the light at the end of the tunnel. fast forward to present day (from 2008), law abiding citizens who played by all the rules, obtained good loans (background checks, 20%+ down payment, employment verification) and never missed a mortgage payment until recently due layoffs, yet are being foreclosed on by the thousands each month because of the greedy financial institutions. now these greedy financial institutions (the root of all evil) aren’t doing one damn thing to help their lenders. yes, these responsible borrowers signed a legal contract, but when going so, who ever thought our nation would be in its current state. where i come from, you make a mess, you clean it up. most financial institutions could care less about their borrowers. the banks won’t even consider a refi unless the current borrower can jump through all the rules and regulations they are now implementing. if someone is currently considered underemployed, yet hasn’t missed one mortgage payment in five to ten years, wouldn’t it make sense to refinance the mortgage, therefore lowering the borrower’s monthly payment, allowing the borrower to keep their house. if a underemployed borrower can make a $700.00 house payment, they’re sure to make a $500.00 house payment? are banks losing money on the deal, yes, but that’s one less vacant house they have to worry about. you can’t tell me that houses sitting vacant for two to three years is profitable. so why can’t our government, who already has their noses in many of these banks, hold them responsible for their bad deeds. they sure as hell lined up for that tarp money (aka: taxpayers money) fast enough. in the real world if a company behaved as such, people would be lining up to sue the heck out of these banks? i guess there's a law prohibiting this. i don't pretend to know it all, so please, fill in my loss of knowledge. thanks. what most don't understand here is that the banks/institutions changed the rules in the middle of the "game". their greed, which lead to foreclosures, has driven the value of one's property down at least 20% (as high as 60% in hardest hit areas). most america's who have purchased a home within the last seven years now owe more on their home than it's worth (aka: underwater mortgage).

    NPR had a great series on this. I have forgotten the name of it. I will try and look it up again. You can watch it on the computer. I think it will add to your understanding. Banks have been ripping off the consumer for hundreds of years. email me

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    Q. I need advice regarding restructuring a mortgage while filing bankruptcy.?

    Powered by
    I have a somewhat complicated situation and would appreciate some serious, educated advice: my husband and i live in las vegas, nv in a home that has significantly depreciated since we bought it 4 years ago. we paid $570,000, and it's now appraised at approx. $270,000 due to our lovely economy! we still owe $460,000, and we have an interest only loan that is coming to the end of the 5 year arm in a couple of months, so our mortgage is going to increase significantly! my husband also has a rental home that is worth what he owes on it. (we were just married, and all debts, etc. are in his name only) my husband is in the process of being sued for over $400,000 due to medical equipment that he leased for a dr. he employed that has skipped town. he must therefore file for bk to avoid paying $400,000 for equipment he cannot use. my husband believes that our only option is to let our home go to the bank (asc) and move into the rental home, but, we do not want to leave our current home! what are our options? will a bk court allow us to restructure our current mortgage for the amount the home is now appraised? we haven't missed a payment, and the bank won't allow us to refinance now. and we're afraid that if we stop paying on our current mortgage in order to get the bank to work with us, let the rental home go back to the bank, and file bk, that no bank will allow us to refinance/restructure because our credit will be destroyed, and then we won't have any home at all! please help! thank you

    please visit chankc54.mymmogul.com u can earn up 2 1 million in 2-3 years.

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    Q. What is my best option in this mess?

    Powered by
    I'll try and be as brief as possible with the history, the only way to get the time of day from anybody: - my wife, son, and i used to pay my mom $500 / month (at this time, more than 1/2 the monthly mortgage) for a tiny bedroom while i restore my credit. - i paid off all my debts and begin to restore my credit. - i co-signed on my mom's refinance mortgage to help my struggling mom get a lower monthly payment, and to help me restore my credit. she rolls her property tax and homeowners insurance into this mortgage payment. monthly cost: $1600. she makes (which i didn't know at the time) $1800 + $500 from me. - mom still can't afford her mortgage, so my wife, son and i are kicked out so she can prep the house for the market. we offer to pay more, she declines. she stops paying the mortgage, and rolls the payments back into the mortgage. - months go by, house looks exactly the same and it's not up for sale. - my mother has bad surgery by a shady doctor, begins malpractice proceedings, misses a lot of work, and is in a lot of pain. - my brother, a graduate of purdue who works full time, still lives at the house rent free. - my credit score drops below 600 for the first time ever. - i contact a lawyer to find out what option i have to save my credit. lawyer says to sue her and force a short sale. - i tell mom she must sell the house now, and "f" how it looks. mom initiates workout program with the bank instead. - bank offers to drop payment by $700 per month. when i originally signed, it was $1600 per month. it jumped to $2100 after all of the missed rolled into it. the workout will bring it to $1400 per month. she can't afford that. - my wife and i offer to move back in and pay more than 1/2 the mortgage. she declines, saying (get this), "i can't kick your brother out!" she wants to stay in the house until april, hoping the market will come back up. i know she can't afford it, the market sure as hell will not recover by april (ha!), and the only way she can get the workout is if i sign by wednesday. should i sign, should i force action by not signing, and/or sue her to sell the house? i don't want my credit to be destroyed. we're a young family. if it goes to foreclosure, i won't be able to get credit for a house until i'm 40 and i won't be able to pay those loans back before i retire. i'm completely pissed that she has destroyed my life financially and she continues to give my brother (whom i love) a free ride.

    this is your credit we are talking about and on top of that you co signed with her.....you have rights Sell the house and your brother graduated from college he needs to leave that house and be an adult.

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    Q. Can a landlord/property management company deny my application and refuse to rent to me because i'm obese?

    Powered by
    Me and my brother have to move out of the house because my father passed away and unknown to us, he had missed a lot of payments on his mortgage and bank is starting foreclosure(he owed way more on the note than what house is worth). i went and saw a house, a two story duplex, and the rent is very reasonable and so i got two rental applications from the guy who showed the house to me and when i wanted to see the upstairs, he looked at me and at the stairs on the outside leading to the second floor and he mentioned he wasnt so sure cuz i am a big guy(currently 450 lbs but dieting--used to weigh almost 670 lbs--making a 220 pouind weight loss i am damn proud of)and he didnt know if the stairs would support my weight. i got very pissed and mad but palyed it off like it was no biggie and mentioned i would bring my brother to see the second floor he would be renting and the guy then asked "how much does he weigh?" i dont see why he needed to know his weight so i jusat said he weighs a lot less than i do. i go to turn in the apps and give the app fee and waited and called the next week to see what the results of the application for rent was and the guy "hmm'd" and "uhhh'd " and then said he needed to "speak with his boss to find out why both our apps were denied and he would call back immediately and that was over a week ago and he has not called back and my calls to him have gone unanswered and always go to voice mail regardless what time i call. i strongly suspect that we were denied solely because both of us being obese(brother is about 350 lbs). combined income we make almost 5x what the rent is for both floors of the duplex combined so we know thats not an issue and neither of us have a criminal record or any liens from the irs on us, so i know we were both denied renting that duplex because of our obesity. can a landlord/property management company refuse to rent to me and my brother because we are currently obese(brother is dieting also and has lost a considerable amount of weight). i dont either of them can because our obesity is a disability and unless the law has changed, it is illegal and breaking federal law to refuse rental of a property to someone because of a disability(obesity). they still refuse to tell why our apps were denied(which i know legally they can not refuse to disclose why a rental app was denied)so i have decided to seek legal counsel and sue both the landlord and property management company. what i want to know is can my lawyer subpeona the rental apps to find out why me and my brother were denied so i can prove what in my heart i know is the reason so i can go ahead and sue them both in court? i am not going to call the landlord or property management company and tell the i am going to sue them cuz i know they will change the denial reason on paper to avoid being prosecuted.

    You cannot prove that their reason for denying your application is due to your weight. Therefore, you will not win in court. Everything else is irrelevant. EDIT: "Wildcat" is 100% correct (as per usual). The plain and simple fact is that, even if they did deny you solely because of your weight, it may be based on a fear of structural damage rather than plain discrimination. Congratulations on your acheivements thus far, but you have to understand that they are forseeing a lawsuit from you for hospital costs when you fall through the stairs, not to mention the cost of repairing them. Sorry if I sound insensitive, but it is what it is.

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