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    Need Help!

    I'm not really sure what to title this as I am completely confused and any help is greatly appreciated. Here is the break down.

    I am in Florida. This is concerning my mortgage with Citi. We are currently in a modification plan with them. In Feb I received the paperwork explaining our payments are to be received on March 1, April 1 and May 1. Also, we are to respond either verbally or in writing that we accept the offer, by March 5th which we did both, on Feb 27th and they have record of this. It also States that any foreclosure proceedings will be stopped as long as we agree to the plan and are making our payments on time.

    We received third party "save your home" letters from lawyers in the mail so I knew exactly what this means. Sure enough, I check my circuit court records and there is a pending lawsuit from Citi! It was filed on March 12. Hunh???! I called Citi and the lady said there is nothing indicating a foreclosure, everything is recorded that we're in a modification agreement and everything is on track. I have a scheduled appt. With the home assistance specialist I have been dealing with to call me tomm. Morning. Apparently she has the ability to look further on the back end to see what's going on.

    3/12/12
    Filed complaint

    3/12/12
    Civil coversheet

    3/12/12
    Value of real property/Mortgage foreclosures claim form

    3/12/12
    Notice of Lis Pendens

    3/13/12
    Correspondence

    3/14/12
    Summons Issued ORG to Elite Process (recorded 4 times on same date)

    3/15/12
    Issued 3/15/12; 20 days; Hand orig+copy to Elite Process.

    We have not been served yet. I am completely confused as per the mod packet we got it States this isn't supposed to be happening. Has anyone heard of this?
    3/12/12 Value of real property/Mortgage foreclosures claim form

    #2
    Apparently, they lied to you. I would try to contact their foreclosure department and ask what is going on. Shame on them... really. However, this may have just been one of those issues where the modification approval crossed the timeline where it was sent to an attorney.

    I hope that they actually find out what the other hand is doing, and halt the foreclosure process... albeit they may just stop prosecuting it rather than dismissing it.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Seems like the lawyer for Citi didn't get the memo. Ugh. I talked to out attorney and he said when the summons comes he will draw up the paperwork to file an answer and it will be taken care of.

      Comment

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