Re: How to fight wrongful foreclosure & eviction

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Posted by Cynthia Luque on October 21, 2001 at 21:52:03:

In Reply to: How to fight wrongful foreclosure & eviction posted by Nancy on October 01, 2001 at 06:16:42:

Hi Nancy:

This is Cynthia, we are going to trial with Advanta on November 20, 2001. Remember my mom's house was foreclosed on January 2000, she also signed a Forbearance Agreement on March 25, 1999.

I think I told you before you can request a copy of the account history that shows how they applied your $6000.

When we requested the history we discovered although we were under a Forbearance Agreement worked out with Loss Mitigation Dept, no one informed the payment department on how to apply funds coming in according to the agreement.

Payment department applied the funds according to a reinstatement quote that was given to my mom in February 1999 and good through March 20, 1999.

When they did this, the loan was still in 90 days default, so the foreclosure department came in and starting foreclosing again.

All the time my mom is paying to catch her loan up and bring her home out of default, Advanta is foreclosing again and still taking her money and applying it towards the loan.

My filed bankruptcy without knowing her house was going to sale on Sept. 10, 1999 but was in violation of the Forbearance Agreement, so Advanta claims my broke agreement by filing bankruptcy.

Trustee sale was scheduled for September 10, 1999, Advanta had to record sale 21 days before which means they filed sale on August 7, 1999, my didn't file bankruptcy until 8-31-99 which indicates Advanta had already scheduled sale before bankruptcy and could not be reason why they foreclosed.

Get a complaint filed as soon as possible, what I have learned through attorneys, once you file a complaint in a Superior Court, no one can evict you until complaint is settled.

Good Luck

Cynthia

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