MODIFICATION BY MAIL OR FORECLOSURE SERVED BY SHERIFF, WHICH TAKES PRECEDENCE?
By Neil Crane of The Law Offices of Neil Crane LLC posted in Foreclosure on Monday, August 19, 2013.
Four times in the last week I've seen clients who have a Modification approval received by mail while they're also under court suit for foreclosure. Guess which one prevails over the other. The foreclosure suit, of course, is the only important controlling fact because the court action is a legal repossession of your home and the approval means nothing. It's not binding in a way. I'm sure the bank doesn't even know that both things are occurring at the same time - "it's different departments." The lawyers at Connecticut's two huge foreclosure factories are good with it - they're in the foreclosure business, so it's full steam ahead. All four clients need immediate legal advice. They're being sued to take title to their house and the modification "approval " is non-binding and totally unenforceable - even if signed and paid.
Get counsel, get into mediation immediately, and find a lawyer and a judge fast.