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Can GMAC foreclose?

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Icon Mini Profile senenrodriguez





Joined: 14 Mar 2010

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Post Posted: Sun Mar 14, 2010 9:11 pm    Post subject: Can GMAC foreclose?
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I called GMAC regarding my pending permanent modification because I was uncomfortable signing it since it referenced that MERS has the ability to foreclose on my property. After several calls to GMAC I was told not to sign the agreement by GMAC and that GMAC would look into why the agreement referenced MERS and that someone would get back to me by Wednesday, March 4th. Since the 4th is past the deadline that I had to return the permanent modification, which was set at March 1st, I was told that I no longer am eligible for the modification. I also contacted money management International, Inc. (MMI) whom have filed to their management,(FannieMae) on this problem. I send the signed packet back to GMAC persuant a conference call between GMAC, MMI, and myself.

Ques: Can MERS be legally active while found in law suits in several courts around this country?



Thank You,
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

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Location: New Jersey
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Post Posted: Mon Mar 15, 2010 2:48 am    Post subject:
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If you are not paying your dues and if your loan modification is not accepted, then the lender has the rights to foreclose property. If you can negotiate with your lender and get a loan modification, then you would be able to save the property. In case your lender does not accept it, then you can apply for a short sale and get rid of the property.
Icon Mini Profile senenrodriguez





Joined: 14 Mar 2010

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Post Posted: Mon Mar 15, 2010 12:39 pm    Post subject: Can GMAC foreclose?
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u need to understand that GMAC instructed me not sign the mod agreement. I complied. Then on March 4, 2010, I was told that I do not have a modification.

r u saying that GMAC can do what ever they want?
Icon Mini Profile sara
sara
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Joined: 05 Jul 2006

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Location: New Brunswick, New Jersey
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Post Posted: Tue Mar 16, 2010 2:44 am    Post subject:
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Hi senenrodriguez,

If you did not sign the modification documents with your lender, then it is natural that you won't be allowed a modification. You need to contact your lender and re-negotiate with them so that you are able to sign a modification agreement with them.

Take care.
Icon Mini Profile senenrodriguez





Joined: 14 Mar 2010

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Post Posted: Tue Mar 16, 2010 12:01 pm    Post subject: mod signature
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sara, AGAIN...I was told not to sign! and to call back 2 days past the deadline. What are my rights?
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

Posts: 4770
Location: New Jersey
499.28 Dollars($)
Post Posted: Wed Mar 17, 2010 3:17 am    Post subject:
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Do you have a written proof that your lender asked you not to sign the loan modification documents? If there is no proof, then I don't think you will have any rights in this regard. The lender, on the other hand, will have the rights to foreclose the property. I would suggest you to contact an attorney and take his opinion in this regard.
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