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Local Law Firms Home > Bankruptcy & Foreclosure News > Homeowners Illegal Foreclosure Resolved

Homeowners Illegal Foreclosure Resolved

The family, who had always made their mortgage payments on time, received a knock on the door over the summer by individuals who were informing them that their property had been sold and that they were facing eviction. Not only was the family expected to pay rent in the meantime, but they were also informed that they only had two weeks to vacate the house.

In 2012, the family had modified their loan with Ocwen Financial Corporation, and other than a call and a letter shortly after regarding Ocwen selling their loan to Nationstar Mortgage, the family had received no notifications regarding any existing issues with their mortgage. It was not until receiving the visit to their home and subsequent eviction notice that they had any idea their home was being foreclosed.

Once Nationstar had acquired their loan, the company had attempted to refund the family's first mortgage payment to them with no explanation. Unable to get a reasonable response why Nationstar had sent them the money back, the family continued to make payments as usual.

After numerous inquiries regarding the eviction notice, the family was informed by a Nationstar representative that the reason for the foreclosure was them not notarizing one paper from the loan modification they had originally made while Ocwen was handling the loan.

As it would turn out, this was an invalid reason as the loan modification was in fact notarized. Despite the fact they were not in the wrong, the family was unable to receive any support from Nationstar regarding the issue. Phone calls to Nationstar representatives regarding the foreclosure and eviction proved to be futile as further inquiries would be met with the same "call back in two days" response, according to a member of the family.

It wasn't until the family brought the situation to the attention of the media that Nationstar acknowledged the issue and committed to resolving the matter. The sale of the home was rescinded and the loan modification that was originally put into place would be honored, according to Nationstar.

The family is still upset over the situation, and understandably so. The threat of losing your home is nothing to be taken lightly, and it is important to know your rights. It is illegal for a foreclosure to take place without your knowledge, and if you are paying your bills on time, there is no reason you should be forced out of your home.

Did you know?
Both federal and state agencies mandate and enforce the laws that surround all aspects of bankruptcy.
State law mandates the loan and the mortgage amount that a borrow may owe, while federal law often enforces the sale of the interest from mortgage pool and payments.