We took out a home equity in 1998 . It was sold to several different companies over the years. This last company (Caliber Home loans). My husband was hurt at work, had surgery, etc. got compensation. I called the mortgage company and told them our payment was coming, yet would be late. "No problem" according to them. I sent them two payments to catch up. The money was sent back to us. There was a note stating after so many missed payments, they will refuse payments and proceed with Forclosure unless we pay 50% of What was due them. At the time, it would have been approximately $80,000.00! We had only missed 2 payments! Our mortgage amount was down to about $65,000. They stated that with legal fees, principal and intrest, etc. our NEW percentage rate of 10.99% so on and so forth. Our amount due was approximately $165,000. We went to court to stop the Forclosure, that didn't work but, they never followed through, after 4 yrs. I received notice that our home was up for Auction in 4 days.
If you filed bankuptcy, you did the only thing you can do. I assume you have a lawyer. Use that person and do the Loan Modification program in the court. Do not miss the deadline for doing this. You have not paid in many years. You are going to owe money. The oral promise to accept payment after default is not going to be an argument for reducing the balance.
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