I am 63 years old and had made a repayment plan with my mortgage company. I had spoken with a lady named TJ and made the plan with a man named Daniel. I explained that the money for the first two payments would be acceptable. Now they say that I nega ...

Submitted by janjames1@hotma... on

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I am 63 years old and had made a repayment plan with my mortgage company. I had spoken with a lady named TJ and made the plan with a man named Daniel. I explained that the money for the first two payments would be acceptable. Now they say that I negated the plan because the funds did not come in a one time and therefore they do not have to honor it though it coming in in parts was agreed upon with Daniel and TJ the originators of this agreement. Any help I can get they are going to forclose.

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DakotaLegal's picture

Yes, you certainly seem to

Submitted by DakotaLegal on

Yes, you certainly seem to have a valid legal claim. The bottom line really seems to be that they actually accepted both of your payments— which should limit their ability to complain. It’s a very good sign that you seem to have a record of who said what and when. One thing to clear up, though, is when you said in your question here “I explained…the money for the first two payments would be acceptable.” I’m uncertain exactly what this (especially the word “acceptable”) means. This phrasing could be important, since it’s a common practice for lenders to keep a recording of these calls. They might be able to spin this as an ambiguity. It sounds as though you were only possibly offering to pay those two months. Were you definitely accepting what they had offered, or making your own counter-proposal?
 
Before we go one step further, I do suggest you take a look at the National Mortgage Settlement agreement, and see if your lender is listed there… http://nationalmortgage settlement.com/. This settlement will also discus some of the practices that led to serious complaints, and the settlement. Compare this settlement, if possible, with your situation. Are there similar practices?
 
We can also go under another assumption, that there apparently was a miscommunication between the two sides. It’s also possible, naturally, that they simply got as much of your money as they could, and then threaten foreclosed. We’ll talk about this in the last section. First, let’s look at some ways you can try to get some low-cost legal help. Then we’ll look into why you seem to have an enforceable agreement or contract to avoid foreclosure.
 


  • Reviewing The Legal Situation

 
Depending on your income, you might get legal help at little or no cost: http://www. lanwt.org/. There’s also some Pro Bono (free) help to some people who can’t get legal aid, through this Texas Bar program: http://www.texasbar.com/AM/Template.cfm? Section=Can_t_Afford_a_Lawyer_.
 
Since you have a worry about foreclosure, be sure to check Texas laws and whether this lender is following the law. Here’s a summary… http://www.nclc.org/images/pdf/ foreclosure_mortgage/state_laws/survey-foreclosure-card.pdf. Here’s a “dealing with or stopping foreclosure” brochure from the Texas Bar http://www.texasbar.com/Content/ NavigationMenu/ForThePublic/FreeLegalInformation/ConsumerTenantRights/FacingForeclosure.pdf.
 
If they have not yet filed foreclosure, you can be proactive and sue for breach of contract. Here’s an article describing your consumer rights under a suit for breach of contract: http://www.hba.org/folder-services/pdfs/Consumer-English.pdf.
 
Why You DO Seem To Have An Agreement…
 
Ideally, when you said the two month payment “would be acceptable,” you were accepting what THEY had offered. The Attorney General booklet (just mentioned above) has some useful information on this kind of contract, regardless of whether you actually got a written contract for when the two payments had to be made.
 

  • Did They Intentionally Mislead You?

 
Of course, it’s possible they never really had any intent to avoid foreclosure. This may rise to the level of a deceptive trade practice violation. You can surf the Web to see what complaints have been made against this company (though this may not rise to the level of legal proof; it’s still useful). The AG booklet has some great information on contacting other agencies (such as the Better Business Bureau: http://houston.bbb.org/).You should also check with more established consumer protection agencies in Texas. The Texas Attorney General has been working through a task force regarding fraud issues in mortgage lending. Try looking here for help too: https://www.oag.state.tx.us/ consumer/mortgage_fraud.shtml.
 

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DakotaLegal's picture

Yes, you certainly seem to

Submitted by DakotaLegal on

Yes, you certainly seem to have a valid legal claim. The bottom line really seems to be that they actually accepted both of your payments— which should limit their ability to complain. It’s a very good sign that you seem to have a record of who said what and when. One thing to clear up, though, is when you said in your question here “I explained…the money for the first two payments would be acceptable.” I’m uncertain exactly what this (especially the word “acceptable”) means. This phrasing could be important, since it’s a common practice for lenders to keep a recording of these calls. They might be able to spin this as an ambiguity. It sounds as though you were only possibly offering to pay those two months. Were you definitely accepting what they had offered, or making your own counter-proposal?
 
Before we go one step further, I do suggest you take a look at the National Mortgage Settlement agreement, and see if your lender is listed there… http://nationalmortgage settlement.com/. This settlement will also discus some of the practices that led to serious complaints, and the settlement. Compare this settlement, if possible, with your situation. Are there similar practices?
 
We can also go under another assumption, that there apparently was a miscommunication between the two sides. It’s also possible, naturally, that they simply got as much of your money as they could, and then threaten foreclosed. We’ll talk about this in the last section. First, let’s look at some ways you can try to get some low-cost legal help. Then we’ll look into why you seem to have an enforceable agreement or contract to avoid foreclosure.
 


  • Reviewing The Legal Situation

 
Depending on your income, you might get legal help at little or no cost: http://www. lanwt.org/. There’s also some Pro Bono (free) help to some people who can’t get legal aid, through this Texas Bar program: http://www.texasbar.com/AM/Template.cfm? Section=Can_t_Afford_a_Lawyer_.
 
Since you have a worry about foreclosure, be sure to check Texas laws and whether this lender is following the law. Here’s a summary… http://www.nclc.org/images/pdf/ foreclosure_mortgage/state_laws/survey-foreclosure-card.pdf. Here’s a “dealing with or stopping foreclosure” brochure from the Texas Bar http://www.texasbar.com/Content/ NavigationMenu/ForThePublic/FreeLegalInformation/ConsumerTenantRights/FacingForeclosure.pdf.
 
If they have not yet filed foreclosure, you can be proactive and sue for breach of contract. Here’s an article describing your consumer rights under a suit for breach of contract: http://www.hba.org/folder-services/pdfs/Consumer-English.pdf.
 
Why You DO Seem To Have An Agreement…
 
Ideally, when you said the two month payment “would be acceptable,” you were accepting what THEY had offered. The Attorney General booklet (just mentioned above) has some useful information on this kind of contract, regardless of whether you actually got a written contract for when the two payments had to be made.
 

  • Did They Intentionally Mislead You?

 
Of course, it’s possible they never really had any intent to avoid foreclosure. This may rise to the level of a deceptive trade practice violation. You can surf the Web to see what complaints have been made against this company (though this may not rise to the level of legal proof; it’s still useful). The AG booklet has some great information on contacting other agencies (such as the Better Business Bureau: http://houston.bbb.org/).You should also check with more established consumer protection agencies in Texas. The Texas Attorney General has been working through a task force regarding fraud issues in mortgage lending. Try looking here for help too: https://www.oag.state.tx.us/ consumer/mortgage_fraud.shtml.