New owner

Yes, the new bank certainly can foreclose on your home. As long as the assignments and the sale of the mortgage from one company to another are correct, which they usually are unless there is a securitization issue, then the new holder of the mortgage and note can foreclose on you. If you're in the process of being foreclosed upon that means that you had missed some payments, this would've definitely hurt your credit. The fact of having work and new job, is not an automatic acceptance of a refinance. The banks are in business to make money, so they will certainly want all the payments that you had missed and all the penalties that accrued because of missing those payments. It's hard to tell if a bank is going to go all the way through with a foreclosure or if they just want you to catch up as soon as possible, usually is this depends on the amount of the mortgage and the value of the home. Usually in foreclosure sales the bank does not receive the full amount for the mortgage and may work out a deal with you, but if your home has a lot of equity in it and the bank will most likely recoup all of their money at a foreclosure sale, this will be the fastest way of making money and this would usually be the route that they would take. This does not mean that you cannot save your home, there are numerous ways to prevent a foreclosure and get back on track the best way to do this would be to seek the advice of an experienced attorney in your area. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147