To Foreclose or Not to Foreclose – That is the Question

Countless Americans are in a state of limbo as the lenders and courts sort through documents undecided about when or whether to foreclose or not to foreclose; that is the big question. One couple is waiting with the sword of Damocles hanging on their head. Lynne Moore is a comedian and her husband has Cougar Jay was previously a wrestler. They are about to lose their house in St. Augustine when at the eleventh hour PNC Financial Services Group cancelled the hearing. The couple made their last payment for the mortgage during middle of 2009. They had to continue to stay till January at least when 50 year old Dion hopes to get a grant under federal education plan. With that they could shift to rented accommodation. Moore said that if they are forced to move out they would be in real trouble. They have neither money nor any place where they can seek shelter. For them and thousands of others the delay arising from the robo-signing mayhem has come as a breather. They can live for free for some time at least. Moore had inherited the house from her mother together with a mortgage payment of $2,200 per month. Attorney Chae DuPont of Miami said about legal suits, Its a slow moving animal and in the case of foreclosures, there are a multiple of defenses to a foreclosure action. He not only takes up the cudgels for house owners but also hosts a show on the radio regarding mortgage law. Like Moore there are many who are not contesting the foreclosure but prepared to leave when the time comes. Some are waiting for loan modifications while an increasing number are flexing their muscles to challenge the lenders in court and get their property back. Those who resort to confrontation after having been delinquent are only postponing what is inevitable remarked John Courson of Mortgage Bankers Association based in Washington. He said, The fact that theyre in default to the extent that the loan has proceeded to foreclosure is an indication that likely any attempt theyve made, or lenders have made to assist them, have not been successful. The end result is still going to be the same, unfortunately. The delays are increasing the related expenses for the banks and mortgage servicers. The longer the properties stay clear of the market the prices get pulled down.

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