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Do I have a right to declare breach of contractt?

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eddiesteen Joined: 29 Jun 2011 Posts: 1 1.36 Dollars($)	Posted: Wed Jun 29, 2011 7:34 pm    Post subject: Do I have a right to declare breach of contractt? Like 0 Dislike 0 I had a modification agreement I paid seven months my oncology center paid three months aug, sept, october the mortgage co. cash the check I sent the next payment it was returned and they put my house in foreclosure. It has now been sold at the Sheriff's sale. Is this a breach of contract?
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Thu Jun 30, 2011 12:20 am    Post subject: Like 0 Dislike 0 Hi eddiesteen! Welcome to forums! If you've paid the mortgage payments every month on time, then the lender should not foreclose the property. Moreover, before foreclosing the property, you should have been informed about it. If you haven't been informed, then that's illegal and you can take legal actions against the lender. Feel free to ask if you've further queries. Sussane
Eddiesteen Burno Guest	Posted: Thu Jun 30, 2011 1:09 am    Post subject: Do I have a right to declare breach of contractt? Like 0 Dislike 0 where do I go to start legal action I only have to July 6, 2011 I was told that if the mortgage co. sent out letters they are not responsible for me receiving the letter. The mortgage said the foreclosure is not for nonpayment but they sent letters that I did not receive. I have a housing counselor and should he have been notified?
Eddiesteen Burno Guest	Posted: Thu Jun 30, 2011 1:17 am    Post subject: Do I have a right to declare breach of contractt? Like 0 Dislike 0 where do I go to start legal action I only have to July 6, 2011 I was told that if the mortgage co. sent out letters they are not responsible for me receiving the letter. The mortgage said the foreclosure is not for nonpayment but they sent letters that I did not receive. I have a housing counselor and should he have been notified?
sabrinatoss Community Expert Joined: 16 Jan 2011 Posts: 516 Location: Australia 82.74 Dollars($)	Posted: Thu Jun 30, 2011 2:22 am    Post subject: hi eddiesteen ! Like 0 Dislike 0 You should consult your mortgage broker expert and let them analyze your situation. You have to know the terms of your agreement and check if there's something wrong with it. _________________ Home Loan, Mortgage Insurance Calculator, Mortgage Broker
gmakerley Community Mentor Joined: 09 Nov 2007 Posts: 12376 Location: bloomfield, ct 58.49 Dollars($)	Posted: Thu Jun 30, 2011 8:32 am    Post subject: Like 0 Dislike 0 Clearly, in the first instance, your account must have been in distress to begin with, or else the modification wouldn't have been granted by the lender. If you breached the agreement in any fashion, and that would likely include being a day later than allowed; then the lender would certainly seem to be in its rights to bring about the suit for foreclosure. As for any sort of legal action that you might bring, you'll obviously need to obtain legal counsel. That you have a housing counselor working with you is undoubtedly beneficial to you as well. You'll have to ensure that you've got all documentation available to prove that you've done precisely what was required in the modification agreement if you wish to win this proposed case. _________________ George M. Akerley Mortgage Underwriter/Consultant Word of Excellence- Writing/Editing/Proofreading 860-221-5044

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