LIEB BLOG

Legal Analysts

Monday, February 22, 2010

Modification and Foreclosure

I just had a consultation with a client who wanted to know why they were being foreclosed on if they were close to agreeing to a modification.

This question has been asked so often that I need to lay out the rule to everyone.

Unless a Court action is withdrawn, dismissed, or otherwise - it exists!!!

Negotiating a modification, whether under the government's making home affordable program or otherwise, does not stop a foreclosure. You must answer legal papers if you are served regardless of your modification. If you think otherwise, you are incorrect. If you think the nice bank will just stop going after you, you are incorrect. Unless you have a written agreement providing for the end (discontinuance) or pause (stay) of an action or a Court Order, you are still being sued. WAKE UP.