Foreclosure (Trustee sale Jan 28 )

[cirderf]

I have been trying to stop foreclosure on my home since September of 2009
In an attempt to pay all the back payments and fees I turned to my 401k plan for a hardship withdrawal on several attempts being denied withdrawal every time. Here is a list of activities that took place.

1) September 09 request of hardship withdrawal (Denied due to no mention of foreclosure on 401k letter received from loan servicer ASC )

2) October resubmitted new request with new letter from servicer ASC. ( Denied due to no forclsure date on the letter. just a demnad of payment date.)

3) November submitted new request with another new letter from servicer ASC ( Denied because I had a 401k loan available not enough to cover back payments and fees though. Withdrew the loan amount and resubmitted the hardship withdrawal. ) again denied with no explanation this time. When I called my 401k provider the representitive told me the paperwork from ASC (Mortgage Servicer) had expired and I would have to re-submit.

4) On Nov 30 2009 contacted ASC again for a new hardship letter again but the new letter i would receive this time would state past due amount due in full by dec 10th or total mortgage amount due of 120k on dec 30th. received this letter on dec 7 called ASC back and they told me that all corospodence would now have to go through their attornies.

5) Contacted the attornies on dec 7 to request a reinstatement quote and a letter of hardship from them. They Agreed and told me they would send them. Waited about a week and nothing came in the mail. So I called the attornies back they told me they sent the documents to me, But I told them I never received them so They agreed to send them to my email. 2 days went by and I did receive only the re-instatement qoute but didn't receive the letter of hardship. So I once again called te attornies back in which they now told me they couldnt send it to me unless I requested the hardship letter in writing. So I drafted up the letter and sent it overnight to the address they provided me. I requested that they email me the document and also send it to me through the mail. to this day I still havent received the letter of hardship from the mortgage attornies.

So in summary this is where I stand today.

Dec 26 received notice of Trustee substitution nortarize on Dec 3
401k wouldn't accept this notice because no forclosure Date.

Jan 6 2010 Had notice of Trustee sale posted on my home Trustee Sale date Jan 28 10:30am Sent this notice to my 401k plan ( still in process with plan hardship team ) Calling 401k reps daily Still being met with some resistance but haven't been denied yet. Registered letters of trustee sale received and signed for on jan 11 2010.

still interested in saving and keeping home as primary residence. What steps if any can be taken to stall the trustee sale and possibly save this home.

 

[army judge]

You could seek a TRO, enjoining the sale from being held.
To prevail, you need a reason for the TRO.
Health issues are often used, as are cold weather conditions.
Are you in the military?
Are you a senior citizen?
In Texas, foreclosing a home is not easy.
Liens are placed on the home, but dispossession is very difficult.
A TRO is not easy to obtain in these circumstances.
Your hourglass is running low.
Speak a legal aid society lawyer.
They might help you.
Otherwise, you have to retain a CA attorney ASAP!

 

[cirderf]

Thank you for reply.

In efforts a california Attorney has been selected but not yet put on retainer.

I am waiting for further denial from the representives of my 401k plan if that is what they choose. Today I expressed to my 401 k plan that in the event of denying this claim it wont protect me from this law firm from further lawsuit action and possible complete wipe out of my 401k thru a judge that see's it ASC's way.

Yes in a way a veteran . served USAF 1980 -1984 Unfortunately not look at as a veteran.
No. Not a senior citizen only age 48

Problems stated with auto accident of wife in january of 2007. Case still under litigation and trial against other party and other party insurance company doesn't start untill march of 2010. Wife left disabled after completing and obtaing EMT liscense in november of 2006. Stroke of bad luck on our part in subsidising our income.

Unfortunately the attorneys now know I have other savings such as my 401k so any attempts to short sale now have been denied.

For a little further info here this is where I stand.
Pendiding 28k withdrawal from 401k plan to throw a wrench in there gears on a good faith payment.

America servicing copany , benificiarys to original lender but a subsidary of Wells Fargo bank. Has obtained an outside legal firm NDex in the state of Texas to handle recovery of Debt.
America servicing company signed transfer of temporary trustee was executed in north carolina.

Ndex in Texas disclaims receiving any overnight or any postals received by me.

This all sound like foul play here.

ASC rings my phone nightly Guess to see if I am still here but when a representive comes on line they say "sorry , wrong number"

There is a game being played here I DO SEE IT.

Ndex of Texas is probably going to challenge me to not succede and then as a third party to sue me for all they can get

Yes the hour glass is ticking . As I have explained to my 401K reps.