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Questioning attorney advice on loan mod and intention for a long stay.

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    #16
    If I am understanding tools2teach's strategy here is to simply try to stay in the house as long as possible before the foreclosure process and eviction force him to leave. Is this correct? Then your attorney's advice was good in asking for a loan modification or asking for a short sell with your mortgage company to buy you a few more months.

    e.g. you can ask your mortgage company for a few extra months so you can short sell your house (you aren't really going to do it, you are just asking for a few extra months to try to short sell). I tried this once they put a trustee sales notice on my door, but this was too late to ask for it. They said had I asked earlier, I would have had enough time. So you somehow have to ask for this strategy a good month or so before the auction date of your home, yet after the NOD. But you really don't know what their timetable is, so its a tough gamble.

    I am attempting a loan mod now and will be happy with paying a reduced loan payment for a forebearance plan of 6 months if that is what I have to do to stay in my house a while longer. I don't have a job, so it won't be easy to rent another place yet. I understand your strategy of wanting to stay in your home longer.

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      #17
      Any updates to this story???

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        #18
        Minnesota foreclosure is non-judicial normally. The sale of my condo was postponed after I rejected their debt validation as insufficient. The FDCPA is but one tool at your disposal; I used it to demand to inspect the original note - I got a gem in an illegal notarization in what they sent me.
        C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
        Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!

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          #19
          I filed with a rental budget. The rent is half of my mortgage + tax payment.BofA filed a claim on the last day. Based on their pperwork submitted with the claim should be no standing. I plan to file objection to claim next week. Haven't paid for 16 months. This what they get for being greedy. I applied for a mod back in Feb 2009. they could 've approved at 5% and I would've called it good. Now it's too late for a mod. We'll have to decide in court.

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