Pre Trial Hearing From Mortgage Co

[Phoebers]

Okay, in late April, our mortgage went ninety days past due with Ameriquest. We had sent in a partial payment to help catch things up but they returned the check to us. In the mean time, I spent two weeks trying to get payment arrangements made with them so we wouldn't lose our home. Sometimes I think they waited so long so we had to pay the extra thousand dollars in lawyer's fees. Anyway, I kept playing phone tag with the mortgage retention department about the reinstatement fees. Finally, we came to an agreement and a day later we are served with court papers. They kept asking if we had received anything from the lawyer and the answer was no. Well, we came to payment arrangments to keep us from losing our home. We paid half of the past due balance plus their lawyers fees via certified check right away. We have this agreement in writing with the mortgage company. It's supposed to be in effect until the end of December and then we can go back to monthly payments. We have been discussing Chapter 13 bankruptcy over the last couple of weeks for my husband. The home and mortgage are in his name only. He had it long before we got married but he refinanced with Ameriquest last year. We've been sending the certified checks via UPS or UPSP registered mail like is stated in the agreement. Well, yesterday we both get notices from the local clerk of courts. It came in regular mail which kind of suprised me. I am known as Jane Doe. It states that their is a pre-trial hearing set for August 18th at our local court house. It took us awhile to figure out what for because it gives a different bank name than Ameriquest. The paper we just received didn't include much detail. So we pulled the other court papers and figured it out. Does anyone know what this would be? It just basically states a pre-trial hearing/conference and the lawyer has been notified for the plaintiff. ??? We have been in agreement with the terms we came to with the mortgage company. We have also receipts and documentation that we need. Will they go ahead and just foreclose on us even though we have kept our end of the bargain?

[SinkingFast]

This may be part of the foreclosure process in your State.

What State do you live in?

Maybe part of the reinstatement process and specific to Ameriquest.

Not sure.

Our Lender didn't say squat when they moved forward for Foreclosure. We just got a notice via Certified Mail from the Law Firm hired to act as Trustee for the Sale.

[Phoebers]

Well, I was reading the forebearance agreement with Ameriquest. The payment has to be there by the 30th of every month with no grace period. All previous payments were there but this month's won't get there until tomorrow morning via UPS. Ugh, hubby sent it Friday when it should have been there on Friday. It states that if the 30th falls on a weekend then it has to be there the business day before. He left a voice mail with the retention department with the tracking number yesterday morning. Well, we live in Ohio if that helps. I've been trying to do some research on foreclosure laws but nothing too specific yet. It states this was filed on the 28th so would they have filed that fast??? It also states that in the original papers that we received that we also had to send something in writing to the lender's lawyer. I think hubby just called them so we screwed up there too. God, I'm really kicking myself in the butt right now.

[SinkingFast]

It could be that you're on your way to a Foreclosure trial hearing.

http://www.foreclosureuniversity.com...elaws/ohio.php

From the website referenced above, it sounds like the Lender has to take you to Court for a ruling to proceed for Foreclosure.

That may be what this letter was about since you didn't formally file whatever paperwork required with the Lender like they wanted.

If that's the case, you can tell the Court your Hubby verbally agreed in a phone conversation/message on thus and so date. And you can prove that you are in compliance with the agreement by showing all the payments you've made so far.

Odd that their agreement would say the Business day BEFORE when the 30th falls on a weekend or holiday.

[Phoebers]

Well, we did sent the response the court but not to their lawyer. I'm just hoping the mortgage company sent the lawyer their dang legal fees that we had to pay up front. The payment will be there by ten thirty tomorrow morning so it's not like we weren't trying to do the right thing. Should we contact the lawyer representing the lender? I guess maybe hubby should call the clerk of courts before we contact anyone else.

[Phoebers]

Interesting website and this does sound like the next step in the foreclosure process. Thanks for posting that because I feel a little bit better now. I remember the mortgage company telling me that they would follow up with the lawyer. We just needed to send in the reply to the courts, which I did with a copy of the forebearance agreement. The timeline seems about right for this. I had just been in a car accident the week prior so my head wasn't screwed on straight. I guess we should have followed up better but we thought everything was taken care of. I guess hubby will call the clerk of courts in the morning and we will go from there. Heck, I can call too since I am his spouse.