We claimed Chapter 13, after many pleas with Equicredit to give us a chance to catch up our payments, story short, no go. We learned quite by accident that we were in foreclosure, we immediately retained a lawyer and filed Chapter 13.
About 6 wks later, we were served with a three day writ of sale. Granting Equicredit the possession of our home, to vacate with in three days. Equicredit even had hired a company to watch our house to see if we moved out! Thank God for our Lawyer, he got right on it and they HAD to call it off! We were under the protection of the Chapter 13. Four years later (and two different 'new' mortage companies, Fairbanks and now Select Portfolio Service) We are refinancing our home the Title Clerk call me last week informing me that the title search reveals that Equicredit Of America's name is on the title and not ours! Once again, our lawyer to the rescue. Seems the foreclosure had gone through! Tell me how! Isn't that illegal? However, now there is much scrammbling and papers flying to CORRECT the mistake, fedxing the information over night to the courts, etc.
Not recending their claim on the tile an OVERSIGHT??? I think not...!
It's been a nightmare, even during the Chapter 13, with Fairbanks and SPS, claiming continuence, 3months in the rears! How can that be, when the courts were making our (ONTIME) payments! In othre words, ladies and genltemen, we have been paying RENT for the last four years under the heading of Mortage payments!
SO, my suggestion is that you check with your county tax collector on title, ownership. Esp. Under the same type of conditions we've experienced. You can do this online, follow their instructions. Good Luck!
Florence
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