Is my home legally in foreclosure if the judge has not granted judgment against me due to an upcoming hearing on the complaint of foreclosure?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my home legally in foreclosure if the judge has not granted judgment against me due to an upcoming hearing on the complaint of foreclosure?

My bank has been accepting payments on my home loan and telling me I was not in foreclosure. My hearing is in about a month to ask judge to dismiss complaint of foreclosure. 2 days ago I tried to make a payment for full past due payments which would bring my mortgage up to date, leaving $1300 in fees – lawyer, title verificationhome inspection, etc. I was asking to make payments on these fees. That phone call they told me my home was now in foreclosure and would not accept my payment. Now they are sending me a reinstatement amount with additional reinstatement and lawyer fees. Can they do that if a judge has not ruled on complaint?

Asked on July 8, 2011 under Real Estate Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds like you are in a judicial foreclosure where a lawsuit has been filed against you by the mortgage company. If so, by virtue of the lawsuit your home technically is in a foreclosure claim by the mortgage company.

Before the upcoming hearing, you should consider filing paperwork with the court statung that you want to pay any due amounts as soon as possible to be current on the mortgage but that the other side is not cooperating. When you show up at your next court date, bring a check book to make the payment in court in an amount the judge decides to make you current.

The other side seems to be piling on extra fee claims as a means to pad their bottom line.

Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption