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Error in foreclosure paperwork served to me



robertandsusan@fastmail.fm (Robert)
3/11/2004 8:57:10 AM


I underpaid ( I was short of funds) several mortgage payments. I just
recieved foreclosure notice from an attorney. Within 20 days I am to
recieve a letter telling me how much it will cost in back payments,
late fees, attorney fees, survey fees, etc. to repair my account and
resume my monthly payments. In this paperwork, I (a single male) am
referred to as a single female multiple times (every time)through out
the entire paperwork. Does this identification error give me one more
chance to deal directly with the mortgage company to pay all back
monies and save the foreclosure process and associated fees?
 
 
"Scott Hedrick"
3/12/2004 11:54:15 AM




"Robert" <robertandsusan@fastmail.fm> wrote in message
news:avr050d4fbfcukbkimgkp4imr9rr0ef0tr@4ax.com...

In this paperwork, I (a single male) am
referred to as a single female multiple times (every time)through out
the entire paperwork.
Is your name spelled correctly? If so, how are your interests being harmed
by being referred to as female?
You know you're behind, you've received actual knowledge of the action, a
minor paperwork error like this is harmless.
You've *always* had the option of talking to the mortgage company. Did you
talk to them *before* you started shorting payments? Did you attempt to come
to terms with them first, and do you have this in writing?
 
 
"Paul Cassel"
3/12/2004 11:54:22 AM


Robert wrote:
I underpaid ( I was short of funds) several mortgage payments. I just
recieved foreclosure notice from an attorney. Within 20 days I am to
recieve a letter telling me how much it will cost in back payments,
late fees, attorney fees, survey fees, etc. to repair my account and
resume my monthly payments. In this paperwork, I (a single male) am
referred to as a single female multiple times (every time)through out
the entire paperwork. Does this identification error give me one more
chance to deal directly with the mortgage company to pay all back
monies and save the foreclosure process and associated fees?
IMO, no becuase your gender isn't material to the facts of the matter here.
That is, it makes no difference if you are male or female to the facts of
foreclosure, fees or other items you're dealing with.
That said, while you can't force anything here, there is nothing preventing
you from directly contacting the lender. If this has gone to an atttorney,
then I doubt they'll exuse any of the expenses because these expenses have
been incurred. Read your mortgage carefully to see what fees you're liable
for. Audit any statements you get to make sure other ones aren't tacked on.
Also attorney fees need to be reasonable. Always remember that all things
are negotiable here, but you aren't bargaining from a positon having much
strength.
-paul
ianal
 
 
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