Contact the lender asap! You might be able to work out something with them. Find out if they published a sale date. You might be able to file bankruptcy. But talk to them.
I am dealing with Ruben Lubin and West Coast Finance. Is there any help available
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Contact the lender asap! You might be able to work out something with them. Find out if they published a sale date. You might be able to file bankruptcy. But talk to them.
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Yes, there may still be options to stop or delay a foreclosure, but because you have already received a letter, I would treat this as urgent and not wait to see what happens. HUD recommends contacting the mortgage servicer and a HUD-approved housing counselor as soon as possible; foreclosure options generally become more limited as the process advances. First, verify exactly who sent the letter and what deadline it gives you. If you mean Rubin Lublin (rather than “Ruben Lubin”), they are a law firm that handles foreclosure matters in multiple states. Don't assume the letter itself means the foreclosure sale has already been scheduled. I would do these three things immediately: 1) Call the actual mortgage servicer using the phone number on your mortgage statement—not a number supplied by a third party—and ask for the loss-mitigation department. 2) Contact a HUD-approved housing counselor at 800-569-4287. Foreclosure counseling is free. 3) Have a local foreclosure attorney review the letter and determine exactly where you are in the process and what deadlines apply. Depending on your circumstances, possible solutions can include a loan modification, repayment arrangement, reinstatement, selling the property before foreclosure, or other loss-mitigation options. The best option depends on how far along the foreclosure is, your loan balance, property value, income, and whether you have equity. Also, be extremely careful with anyone who promises to “save your house” for an upfront fee or asks you to sign over your deed. HUD specifically warns homeowners about foreclosure-rescue scams. Disclaimer: This is general real estate information, not legal, mortgage, or foreclosure advice. Because you're already receiving foreclosure correspondence, I strongly recommend getting a local attorney or HUD-approved counselor involved immediately. I’m a California Realtor and cannot determine the legal foreclosure deadlines or remedies for your property without reviewing the documents and applicable state law. — Juan Picos, Realtor
Delawn, yes, there is help available, and the single most important thing you can do today is find out whether a sale date has actually been set, because everything else depends on that one fact. Tennessee is a non-judicial foreclosure state, which means this can move faster than people expect. There is no court case you will be served with. Instead the trustee has to publish a notice of sale in a newspaper in your county three separate times, with the first publication at least twenty days before the sale date, and on or before that first publication date the trustee must mail you a copy of that notice. So the twenty-day mark is your real clock. Check your mail, including anything you set aside unopened, and look for that notice. If it has not come yet, you have more room than you think. If it has, you need to move this week. Free help first, before you pay anyone anything. Call HUD at 800-569-4287 and ask for a HUD-approved housing counseling agency near you in Shelby County. Foreclosure counseling through those agencies is free, they deal with servicers every day, and they will work your file with you rather than at you. This is the call I would make before any other. Then, separately, call your loan servicer directly and use the right words. Ask specifically about reinstatement, which is paying the arrears plus fees to bring the loan current and stop the sale, and ask them for a written reinstatement quote with a good-through date. Also ask about forbearance and about a modification. The other answers here are right that a modification is often the destination, but reinstatement and forbearance are the tools that buy you the time to get there, and servicers frequently do not volunteer them. If the sale date is close and nothing else is working, a Chapter 13 bankruptcy filing stops a foreclosure sale and lets you cure the arrears over time. I am not an attorney and I am not telling you to file. I am telling you it exists, it is the emergency brake many people do not know about, and if you are inside the twenty days you should be talking to a Tennessee bankruptcy attorney about whether it fits, not deciding on your own that it does not. Two things to know about anyone offering to help. Federal law, the Mortgage Assistance Relief Services rule at 12 CFR Part 1015, generally bars a company from collecting any fee for foreclosure relief or loan modification services until you have signed a written agreement with your lender that contains the relief that company actually obtained for you. Attorneys have a narrow exception that requires the money to sit in a client trust account. So if anyone asks you for money up front, stop and ask why. And before you sign anything with anyone, verify their license. You can look up a mortgage company or loan originator for free at the NMLS Consumer Access site, and you can check for complaints with the Tennessee Attorney General's consumer protection division. Doing that lookup costs you nothing and takes five minutes. One correction to a common belief, since it comes up constantly: Tennessee does have a two-year right of redemption after a foreclosure sale, but it only applies if your deed of trust did not waive it, and most deeds of trust do waive it. Do not count on being able to buy the house back afterward. Assume you cannot, and fight it before the sale. If none of the above saves the house, you still have better options than letting it go to the trustee sale. Selling with equity, a short sale if you are underwater, or a deed in lieu all land you in a better place credit-wise than a completed foreclosure. That is worth a conversation with a local agent well before the sale date, not after. I am a real estate professional, not an attorney and not a lender, and this is general information rather than advice on your specific loan. I work Palos Verdes and the South Bay out in Los Angeles County, so I am not local to you, but I would be glad to point you toward a Memphis area agent who handles distressed sales if it comes to that. Make the HUD call today. Zoltan Peresztegi Zoltan
Delawn, I'm sorry you're dealing with this, and yes, there may still be ways to stop or slow a foreclosure. The two calls I'd make first are free. One is your mortgage servicer, the company you actually send payments to: ask specifically about loss mitigation, which covers things like repayment plans and loan modification. The other is a HUD-approved housing counseling agency, they help homeowners in exactly this spot at no charge and can go through your paperwork with you. Before you sign anything from anyone who contacted you about the foreclosure, or transfer any interest in your house, please have a local real estate attorney read it first. That single review can protect your equity. Timelines matter enormously here and they differ by state, and since I'm a California agent I can't speak to the rules where you are, one more reason to get local eyes on this quickly. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775
Delawn, yes there might be something that can be done but I would need to know more about your case. Feel free to contact me directly and I can review on your behalf and discuss the options available to you. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States
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