I am getting ready to go to the county courthouse this week. I think it is time for me to get an attorney.
It depends. Can you afford to stay in the house? Seriously, spending a few thousand on an attorney if you're not going to be able to keep up with payments is pouring good money after bad. But you do need legal counsel at this date - the fuse has been lit.
Having said that - STOP TALKING TO ANY OF THEM ON THE PHONE! (pardon my yelling - see the response to you RESPA question below).
GMAC is my servicer and FreddieMac owns my loan. I have been contacted by a law firm in Houston, Codilis&Stawiarsky, who state "comes now Mortgage Electronic Registration Systems, Inc., ...and file application for order for forclorsure, etc."
MERS is the proxy shell game company that keeps track of who allegedly owns the mortgage and/or note. In theory, the owner registers (assigns) the mortgage to MERS for county recording purposes so that each time it's sold the owners don't have to make the effort to record the change and of course, pay a recording fee at the county. In some jurisdictions they're having trouble asserting their right to sue, in others they just steamroll the victim.
A lot of this is state dependent but if the Houston head of the Codilis Hydra is coming after you you must be in Texas. Texas is a little different and again, if you can actually afford to live there you should consult an attorney.
I have tried and continue to try working with GMAC and FreddieMac but all to no avail.
If you've been trying to work with them on the phone you might as well have been talking to your neighbor's cat, especially if there's any equity they can steal from you through foreclosure.
Codilis&Stawiarsky stated they want to "help" me stay in my home but they sure don't seem to want to. I tried to pen down a lady at the law firm to try to explain to me exactly what they are doing and I am just more confused.
What they're doing is really quick and simple. They are giving you 21 days to come up with some outrageous amount of money for reinstatement or a forebearance or loan modification agreement that will indemnify them from any possible litigation for anything they've done or will do to you in the future.
She told me I would have 21 days to vacate my home, what? I am getting real sick of the runaround. Any suggestions and also can you tell me was a RESPA notice is?
A suggestion, again based on whether or not you can afford to live there, is one - google "RESPA QWR letter." It's too late to have any effect on the fast-pace foreclosure process in Texas but at least see what should have been done.
None of this is legal advice but the sad fact is verbal communication is meaningless.
They're filing suit for foreclosure and as I said it's a quick process in Texas, but because MERS is involved there is a chance they're not going to be able to overcome a dogged defense strategy of producing the actual original note. However, unless you're particularly adept at studying the law and have an unlimited number of hours to devote to learning how to mount a defense in the next three weeks, at least talk to an attorney.
So, if you really can afford to pay the mortgage and the property taxes in Texas and want to put up a fight, get an attorney tomorrow to file a response to the foreclosure action! Otherwise you're on the fast track and need to find a place to stay.