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teena_witt · Joined: 16 Jan 2009 Posts: 1 1.43 Dollars($)

I live in Texas . Small loan was charged off 12/29/08 . Even though on 12/18/08 I made an agreement to pay past due payments by check by phone method . That money was due to go towards 3mos. back payments of $613.00 on smaller loan . To come out on 12/31/08 . However I was told a meeting was held on 12/23/08 agreed charge off would occur . Even though I made an agreement to pay . To bring account current . Money was taken out , but put towards "other fees" . Not towards bringing account current .
Charge off was finalized 12/29/08 . On 1/14/09 . I received a letter from a Dallas attorney . With a for sale date of Feb. 3rd. .
I'm in negotiations as we speak with my mortgage company for larger loan as we speak . loan modification .
Does any of this make sense ? I made the payment on smaller loan . And it still went into charge off .
And now I'm getting the sale date letter . Can they foreclose when I'm in negotiations with the mortgage co. , and can they foreclose on smaller loan since it went into foreclosure ?

evolovik26 · Posted: Fri Jan 16, 2009 9:55 pm Post subject:

The second mortgage cannot foreclose on your house unless they payoff the 1st mortgage.
The fact that you made payment arrangements and they didn't accept them is fine but if they took your money and didn't lower your balance then they simply stole your money and you should seek legal help.
Its tough to tell what happened without the whole story

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two mortgages . One was charged off