Should I Lawyer Up To Fight For My House?
This is such a crazy situation and I have to admit that grief and despair have allowed this situation to persist for far too long.
My mother passed away in January of last year, I have a special needs sister who has only ever lived at my mother's house. My parents were divorced, though my father's name is still on the VA loan they took out for the house and my mother was exclusively responsible for repaying the loan since their divorce. I took over the payments when my mother passed, as my father's name on the loan prevented probate from taking our house away to pay off the remaining 2 years of the mortgage. I did get behind in the spring of last year and the company sold our mortgage to another company, which we were able to get right with as soon as they were legally able to take payments. It is on file with the company that while I am not the holder of the loan I have the authority to speak with them about everything to do with the mortgage.
After we caught up with our mortgage payments, the mortgage company decided they would no longer be taking monthly payments, as we have been trying since September of 2024. First they told us that it was because my father died, and no, he did not. Then, and we have since been fighting with them about it for months, they decided there was a bankruptcy preventing them from taking payments. When my parents divorced my mother did declare bankruptcy but it was part of the divorce decree that the mortgage could not be included with that, also that was a long time ago and she had not been in bankruptcy for well over a decade before her passing. My father has never been in bankruptcy. It really begins to look, feel, and smell like they are trying to defraud us into a situation where we must default on the small amount we still owe so they can flip the property for a profit. I have already reported the company to the FTC as I fear we are not the only people this company has done this to.
We are very poor, by US standards, and are unable to afford a retainer for a real estate lawyer. Should I go on ahead and see if I can make a case with a real estate lawyer to take a cut of a settlement to sue the mortgage company now? We can't lose the house and that is exactly what they are making us do by refusing to take our payments, and their "bankruptcy department" has to be complicit in the fraud as they have been investigating it for months and every time we call we have to start the conversation all over again, like they have never heard of this issue and there are no notes on file about it. I'm afraid we have little time to stop playing helpless victim and start fighting back before they foreclose and evict us. The mortgage would have matured March of next year, that is how little we actually owe.
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