Saturday, September 14, 2013

An Update on the Progress of Saving My Friend's House From Foreclosure

The most recent trustee sale date was Tuesday, September 10, 2013 at 1:00pm. The sale had already been postponed twice. 

My friend had previously hired an attorney to help him fight this thing, and it was this attorney who got the first two scheduled sale dates postpone, after my friend paid him $2,500. 

The problem was that my friend made it as clear as he could, from the very first, that he did not want a loan modification and instead wanted the attorney to help him force the alleged loan servicer and alleged trustee, that they had legal standing to foreclose on him. 

But, the attorney said that demanding that the bank produce the note was not the way to go, and kept pushing my friend to accept a loan modification. The whole time, my friend and I were both doing lots of research online. 

From an organization called Fraud Stoppers, I got two letter templates as email attachments. One of them to modify and send right away, and the other to  possibly modify and send later--depending upon the response we got to the first letter. 

I modified the letter and a week before the scheduled auction, we mailed a copy to the alleged servicer and a copy to the alleged trustee. Both letters were mailed certified and priority mail. We did the certified to get the signature cards back, for proof that the letters had both been sent and received. And we did the priority mail, just to speed things up.

A couple of days latter I used the certified mail numbers to track the letters, and they had both arrived at their destinations. 

Up until the morning of the auction, my friend's house remained on the auction site listing as still on the auction schedule set for 1:00 pm. But, at around 6:00 am on the morning of the auction, the strangest thing happened. All but two of the properties scheduled for auction, disappeared from the site. 

We thought that it was rather odd that all those houses would disappear at the exact same time. So we decided to go to the auction, just to see for ourselves. 

At the auction, there was only one house, and one condo up for bid. When we got back home, my friend had two voice mail messages from the secretary of the attorney that my friend had hired. Neither she, nor her boss knew what to make of the sudden disappearance of my friend's house from the auction schedule. Neither of them knew about the letter we sent. 

When she called back and left a second message, she said that she had talked to a representative of the alleged servicer, and that she had been told by that representative that the sale was to go on as scheduled. We knew this was a lie, because we had been there in person and seen for ourselves that almost nothing was auctioned as scheduled that day. 

Later that day my friend's house reappeared on the auction site, but this time it was listed as cancelled. At that time, none of the other disappearing houses had returned to the site. But, a few hours later, or maybe it was the next day...several of the other houses showed back up. They were all listed as postponed, with new sale dates,

Since that time, the number of the postponed houses, keeps  fluctuating. Sometimes there are more, and sometimes there are fewer. But, not once since it first reappeared, has my friend's house left that site. It remains there with the same "cancelled" listing, with only the September 10, 2013 sale date, and no picture. 

And we have yet to get any communication of any kind from the alleged servicer, or from the alleged trustee. 

I seriously doubt that the alleged servicer or trustee are going to give up that easily. I am sure that they are trying to figure out what their next move will be, or something. But, I will continue to find the whole situation a bit unnerving, until we get some kind of response. 


1 comment:

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