Subject: Urgent Action Required — General Demand to Halt Foreclosure for Property in Missouri [Your Name] [Your Address] [City, State, ZIP] [Date] [Foreclosure Attorney's Name] [Foreclosure Attorney's Law Firm] [Law Firm Address] [City, State, ZIP] Re: Property at [Property Address], [City], Missouri — General Demand to Cease Foreclosure Proceedings Dear [Foreclosure Attorney's Name], I hope this letter finds you well. I am writing to you as the owner of the aforementioned property to assert my rights and appeal for an immediate halt to the foreclosure proceedings initiated by [Lender's Name]. I have discovered several significant discrepancies and violations on the part of the lender and believe that foreclosure should not proceed based on the following reasons: 1. Breach of Contract: [Lender's Name] has failed to comply with the terms stipulated in the loan agreement, which has resulted in an unfair advantage against me as the borrower. Documentation obtained from independent auditing firms reveals numerous contract violations, including improper disclosure of fees and charges, faulty loan servicing practices, and failure to provide accurate payment statements. 2. Violation of Consumer Protection Laws: The foreclosure process adopted by [Lender's Name] has been marred by several infractions of state and federal consumer protection laws. They have engaged in deceptive and unfair practices in violation of the Missouri Consumer Protection Act, such as misrepresenting crucial information, engaging in predatory lending practices, and failing to provide legally required notices. 3. Lack of Due Process: Throughout this foreclosure process, [Lender's Name] has demonstrated a disregard for my right to due process. They have failed to respond promptly to correspondence, refused to provide necessary documentation upon request, and neglected to provide a fair and transparent loan modification review process. 4. Dual Tracking Violations: Investigations indicate that [Lender's Name] has engaged in dual tracking, which refers to the improper simultaneous pursuit of foreclosure while a loan modification or workout request is pending. This practice is illegal under federal mortgage servicing rules, and Missouri law offers strong protection against such practices. 5. Reconsigning: There is substantial evidence indicating that [Lender's Name] has employed reconsigning practices during the foreclosure process. These practices involve the use of unauthorized individuals or automated systems to sign foreclosure documents without proper review and verification. Reconsigning is illegal and undermines the integrity of the foreclosure process. Given the compelling evidence of these aforementioned violations, I hereby demand the immediate cessation of any and all foreclosure proceedings related to my property. I request that you communicate my position to your client, [Lender's Name], and urge them to reconsider the foreclosure action based on the significant legal discrepancies and violations described above. Furthermore, I kindly request that you supply me with any additional documentation, evidence, or information regarding the case to support your client's position and justification for the foreclosure proceedings within thirty (30) days from the receipt of this letter. Failure to provide these requested items within the stipulated timeframe may result in further legal action. I would also appreciate your prompt acknowledgment of this letter and confirmation of your receipt by phone or in writing. Please consider this an opportunity to rectify the injustice that has been inflicted upon me and to ensure a fair and amicable resolution. Thank you for your prompt attention to this matter. I look forward to receiving your response and resolution to this pressing issue. Sincerely, [Your Name] [Your Contact Number] [Your Email Address]
Missouri Sample Letter to Foreclosure Attorney - General Demand to Stop Foreclosure and Reasons
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FAQ
If you can't afford to pay off your past due bills, there is an opportunity to reclaim your home after the foreclosure sale. If the foreclosing bank buys the home you can redeem it by paying the full amount of debt with the addition of any costs associated to the sale. Missouri law grants you one year to redeem a home.
Declare Bankruptcy But you need to understand the concept of chapter 7 and chapter 13 of bankruptcy. Chapter 13 bankruptcy in Missouri: It is a common option to go for to stop foreclosure. ing to chapter 13 bankruptcy, you are given a payment plan of 3 or 5 years to catch up with the payment in arrears.
Under the PTFA, the lease survives foreclosure. You may stay in the property for the entire term of your lease or 90 days, whichever is longer. The only exception to this rule is if the new owner wants to live in your unit, in which case you are still entitled to 90 days before you can be forced to move.
Borrowers must be delinquent for 120 days before a Notice of Sale can be issued, and the sale is to occur forty to fifty days after the notice. Lenders must give at least a twenty-day notice of the sale. They must publish the foreclosure in a newspaper in the county where the property is located.
Put your name, address, phone number, loan number, and date on the top of the letter. List the name and address of your lender. information about any money you have saved for a workout agreement. Tell the lender you are working with a foreclosure counselor and include their name and agency.
Equitable redemption is the right of a borrower to redeem the property before the foreclosure sale. Whereas statutory redemption is the right of a defaulting borrower to redeem the property after the foreclosure sale.
Equity of redemption (also termed right of redemption or equitable right of redemption) is a defaulting mortgagor's right to prevent foreclosure proceedings on the property and redeem the mortgaged property by discharging the debt secured by the mortgage within a reasonable amount of time (thereby curing the default).
