If I have defaulted on my mortgage and they want me out in 4 days, what are my options?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have defaulted on my mortgage and they want me out in 4 days, what are my options?
I’m currently 4 months behind on my mortgage and want to catch it up over the 2 months. They’re telling me they have to have 3 months payments. I don’t have that much. I wanted to pay month and a half this week and month and a half in 2 weeks. They are telling me that I need to be out in 4 days. Is this possible?
Asked on August 1, 2011 Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
All states have requirements for a foreclosure proceeding as to a loan on one's home. Although you are delinquent in your monthly payments to the lending institution, it appears that there has yet to be a trustee's sale where title to your home has been lost and is no longer in your name.
If this is true, you have no reason or basis to leave your home because you still own it. The only way the lender can force you out is to serve you with an eviction order at this point issued by the court.
You should consult with a real estate lawyer to assist you in making up your deficient payments so you are not taken advantage of. You need to remember that you have interest and penalties accruing on the monthly payments that you have not made.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
All states have requirements for a foreclosure proceeding as to a loan on one's home. Although you are delinquent in your monthly payments to the lending institution, it appears that there has yet to be a trustee's sale where title to your home has been lost and is no longer in your name.
If this is true, you have no reason or basis to leave your home because you still own it. The only way the lender can force you out is to serve you with an eviction order at this point issued by the court.
You should consult with a real estate lawyer to assist you in making up your deficient payments so you are not taken advantage of. You need to remember that you have interest and penalties accruing on the monthly payments that you have not made.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.