Trustee Sale And Forbearance Agreement

My husband and I entered into a Forbearance Agreement in November with our lender to keep our home from Forclosure. To date we have kept up with all our payments and have proof of such. Recently we received notice on our door and in the newspaper that a Trustee Sale will take place next month. After calling our mortage company they confirmed that we are in compliance with our Forbearance Agreement and don't know why the Trustee Sale is taking place. We live in California and needless to say I am more than a little worried that our house will be sold from under us even though we have been complying. Is there anything else we can do other than to contact a lawyer asap? Added note: We have not filed bankruptcy.

Comments(3)

  • narasland15th February, 2004

    Hello there, usually its your lender who can contact a trustee and fix these sorts of misunderstandings. Another possibility is that you have another lender that may be foreclosing on their loan. Read your private message for more info.[ Edited by narasland on Date 02/15/2004 ]

  • InActive_Account15th February, 2004

    What we have here is a failure to communicate. Have your mortgage company call the legal department . Often one division doesn't know what the other is doing.

    You have complied with your Forebearance Agreement. I presume you don't have any other lender who would be foreclosing. You would have gotten a notice of default if there was. Call the loan mitigation department for help and get some sort of written letter stating that all is well.

  • strandwoldm16th February, 2004

    Thank-you for the assistance. I was able to verify that it was my first mortgage company who had hired the trustee to forclose even though we are in compliance. Thanks for the advice and I truly do believe that the trustee and morgage company are not talking to each other. I am going to take the advice about getting a letter from the mortgage company stating we are in compliance but I am also going to seek an attorney to be safe. Unfortunately we have had many problems with both the mortgage company and trustee claiming not receiving info when we have sent them info via certified return receipt. Thanks for all your help. You have helped allay my anxiety a bit. Thanks again.

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