In 3 month trial period, now fourth month and GMAC says don't make anymore payments

by J. Dion
(Milton, Fl)

This is my second time going through the loan modification program. The first time,they denied me saying I didn't send in the correct papers when I did, so they gave me a second chance with my attorney involved. I just finished paying the third trial payment on July 1, 2011 and I called one week before the end of July to find out what I am supposed to do and GMAC told me they were still trying to figure out what they were going to do and looking over my paperwork and not to make anymore payments until they told me to. Second week in August 2011, I called GMAC and they told me the exact same thing and not to make any payments. Now it is Sept 6, 2011 and I still have not made a payment meaning I am 2 payments behind now and I have not heard one word from them. What am I supposed to do? They have not called or sent anything in the mail. I don't want to lose my house and have the money to continue making the payment they gave me. PLEASE help! I am so overwhelmed not knowing what to do and my attorney just says wait to hear from them. I'm afraid GMAC is going to let it go for 90 days and then try to foreclose because I have not made three months worth of payments because they told me not to. Thanks in advance for your time.

Mortgage Loan Modification Answer:

By law, lenders are not allowed to tell you to go delinquent on your payments. The fact that they told you to do so, even if it's just verbally, they are still liable. Check with your attorney on the laws in your state and to confirm that your lender cannot foreclose if they told you to not pay your mortgage while they sort things out from their end.

All the best to you!

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Sep 21, 2011
Called another loan mod attorney
by: J.Dion

I called another local attorney who agreed to just asnwer a couple of questions for me and the attorney said since my regular attorney filed papers to have the foreslosure dismissed in mediation, that they cannot do anything to me right now. The attorney told me to just wait and hear from the mortgage company and he thought it was very strange that GMAC told me not to make anymore payments until they decided what to do. He said that was a first. I said well, I have everything wrote down in my conversation with GMAC as well, so if they try to deny it, I have it on paper and as well as GMAC says they record all phone conversations. So I will just wait to see what happens and will keep you posted for others to see.

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