Forclosure notice after forbearance, reestablish note

Posted by Ann on October 21, 2007 at 16:16:39:

I am at a loss. It is a long story, I will make it shorter. I am totally disablied and have been in the hospital a lot this year. On top of this our mortgages have re-adjusted (we have 3 or them). Taxes WAY, double since we bought our home, up as well as Insurance, tripled (we live in Florida). At that time we were unable to keep up with our mortgage payments (4 months behind). We contacted our lended and they agree to a forbearance and faxed the details to us. $3,900 cashiers check to the bank, sent in the to the mortgage department in the inner office mail, then fax a copy, completed by Sunday October 14th. We had 10 days to come up with this money. Friday being a payday but we would be unable to access the funds for a cashiers check until Monday. We called our lender, since the 14th was a Sunday, they would allow payment by Monday October 15th. We did exactly as requested, 2 cashiers check's at the bank,then sent in inner office mail, faxed a copy.

Friday night October 19th we were served papers from the County Courts, that was filed on October 17th. It was a notice of foreclosure and request to reestablish the note. This doesn't sound right to me. First, why after we paid the requested $3,900. Then, it took 2 days to be served and they waited until 7:30p on a friday night, we lost 2 days to respond. And, re-establish the promisory note, how could anyone get a new note? How do I know someone isn't going to show up with the original? What about the additional fee's? This seems like a scam. I have always been happy with Bank of America, this doesn't seem right.

We don't have the money to hire an attorney, money is tight. Could I respond myself? To who? Should I contact the lender again? Thank you in advance

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