Posted on October 23, 2010.
My brother is ignorant of his eviction, based on the opinion how far it is in the foreclosure processa Looking for expert opinions on this question below that I need to meet my brother and try to encourage him to do something rather than doing nothing, which is apparently what he did until now.
With the opinion filed below, can you give me an idea of how much along the foreclosure process is ita
I have information on options depending on where it is in the process, but would be grateful if you could offer ideas based on the filing of this notice.
Thank you!
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Case no. XXXXXXXXXX
To: XXXXXXXXXXXX
and all persons entitled to the benefit of
the service members' Civil Relief Act
JPMorgan Chase Bank, National Association, successor in interest to Washington Mutual Bank f / k / a Washington Mutual Bank, FA claiming to be the holder of a mortgage covering real property in Nantucket, numbered XXXXXXXXXXXX XXXXXXXXXXXX proposed by Washington Mutual Bank , FA, dated April 20, 2007, and registered at the Nantucket County Registrar of Deeds in Book 1077, Page 106
filed with said court a complaint for authority to exclude the mortgage in the following manner: by entry and possession and exercise of power of sale.
If you qualify for benefits under the Act on the function of members of the emergency services as amended and you object to the closure as you or your attorney must file a written appearance and answer in said court at Boston on or before August 10, 2009 or you can be forever prohibited from asserting that the foreclosure is invalid under that law. Witness, Karyn F. Scheier, Chief Justice of that Court June 26, 2009.
He needs to act quickly and be present in court on August 10 or it will default and that's the end of it.
There are options out there, but he must talk to his lender, many people in his company to see what options he has. loan modification, deed in lieu of foreclosure, with locking dismissed, or let it go into foreclosure. His credit will be a great success.
But things are coming to a head soon and he needs to plan its future, rather than having his future slams him down.
August 10 he looks like. Once the auction occurs Sheriff JP Morgan will own and be expelled.
It is unfortunate that he has no house to sell. The inclusion of a home for sale often time differs foreclosure because the lender believes that you try to sell it.
It seems that if the lender has decided to exclude by using the judicial foreclosure process.
Using this procedure, the lender went to court, the courts have set a hearing date of August 20 for all parties to come and show why their side should prevail in this case.
The failure of one side to show up would be for the judge handling the case to vote for the person who appeared in court on the date of the court order to appear together.
Your brother could try calling their lender to see if there are programs available to help your brother in the foreclosure process.
There are several options the lender may have, but your brother should call and explain his situation he can not make his monthly mortgage payments.
I hope this was of some use to you, good luck.
"FIGHT ON"
I'm sorry to hear about your brother's situation. If I remember correctly, one of my friends got the same opinion after ignoring it. The last thing I know is they were able to resume. Real estate expert Brian Evans helped in the process.
Yes, your brother should take action immediately. If you need expert advice maybe you can see Brian as well. I found everything to art http://budurl.com/foreclosuregold