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Forums » Get Foreclosure Help - Help Stop Foreclosure Forum » Forecloure in KS Help Please

Forecloure in KS Help Please Subscribe to Forecloure in KS Help Please

8 posts by 6 users

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Homeowner · Overland Park, Kansas


Situation: Signed a morgage 3 years ago and was told it was a fixed rate. It was'nt. Payment went up nearly one thousand $ per month. Requested a loan mod. sent all doc's and was told to wait about 2 to 3 months and to save some money for down. Two days ago a letter was stuck to my front door saying to contact this real-estate Inc. becasue "we have been sent here on the behalf of the bank or asset mgmt. company representing your home morgage". I called them and was told I have been foreclosed on and that I must surender the keys in thirty days. I've recieved no other notice from the bank or sheriff. What should I do now?


Real Estate Investor · Denver, Colorado


Did you read the docs at closing and it said fixed rate? I assume you still have those docs, so check them now. If they say fixed rate, and your terms are being adjusted, something funny is going wrong, and you should pursue that.

Check with the county recorded about the status of your house. They may well have records online. If a foreclosure sale has actually already occured, you should have received numerous notices well before now. According to the Kansas foreclosure process, its four months between when the process starts and when the sale occurs, and a lawsuit is required. A lender typically wouldn't even file for foreclosure until you're several months late. So, you would have to miss something like six to eight months of payments to have had the sale actually occur.

To have received absolutely no notice of this would be very strange. Have you moved out of the house and not left any forwarding address or something? Is this a property you lived in?

Maybe the person who showed up is just trying to bully you into leaving. Check the county records and find the real situation.

If you loan was changed against the written terms, or if this all happened with zero notice, you need a lawyer.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Homeowner · Overland Park, Kansas


My original doc's where disclosed as fixed but in fine print on the back page it said fixed for 2 years in micro print. The public records in my county are not showing my home on the foreclosed list. I agent that contqacted me said they just have not recieved the papers yet from Chase. How should I have been notified? Thanks so much for your help


Real Estate Investor · Denver, Colorado


I'm not sure of the exact process in KS, but it typically starts with a "notice of default", a "lis pendens" or some other document being filed against your property. You should certainly be notified when that happens, assuming the lender has your correct address.

You may not be able to get anyone today or tomorrow, but call the lender as soon as you can and ask if they have filed the foreclosure.

At least according to the page I linked to above, you will have at least 120 days from the date of the filing until the sale occurs.

It could be they're considering your request for a modification, and have sent the agent to give a value for the house.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Loss Mitigation Specialist · Jacksonville, Florida


Call your lender and you will find out. Some Realtors solicit this houses in foreclosure process before trustee or sherif sale and they misrepresent foreclosure status of property. With all due respect to all honest Realtors.
I had a client a few weeks ago in CA with the same announcement from Realtor "representing" lender and there wasn't trustee sale yet.
[REMOVED]


Residential Real Estate Broker · Conroe, Texas


Same advice as the others. Check with your lender. Kansas doesn't allow non-judicial foreclosures. So, it seems that you should have recieved some contact or notices of default, acceleration, sale date...ect.

I've heard of property mgmt co.'s going out and prematurely re-keying doors on properties that are due to foreclose but haven't actually foreclosured.

best of luck


Real Estate Investor · Ohio


Sounds like a scammer or maybe an unscrupulous investor to me. As stated, it takes a while to go through the process to complete a foreclosure. In addition to the certified mailings you would have been receiving as the process unfolds, if you didn't qualify for a workout after submitting a package you would have gotten a letter from the lender stating why you didn't qualify.

The only other thing that makes sense to me is It could also be a property preservation company sent to winterize or do an inspection and they weren't told it was occupied. Call your lender ASAP.

Good luck

Mike C


Real Estate Consultant · Savannah, Georgia


Originally posted by Bob Johnson
My original doc's where disclosed as fixed but in fine print on the back page it said fixed for 2 years in micro print. The public records in my county are not showing my home on the foreclosed list. I agent that contacted me said they just have not recieved the papers yet from Chase. How should I have been notified? Thanks so much for your help


The agent is lying. They were hired to do a property inspection. I would call your lender and tell them what the agent said. I would also call the broker of that agency to inform them of what the agent is doing. IF you can't get resolve either way, you can call the local board of Realtors for their advise.
If they were told to get your keys...that program is called cash for keys, and they are to offer you cash for you to move out and turn over your keys. I wouldn't do that. You own the home, and are responsible for it until ownership is turned over.

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