How do you know where you are at in the foreclosure process ?

About a year ago we experienced a problem and missed a mortgage payment. The bank sent a past due notice and information on working through their borrower counseling program. I filled out the paperwork requesting assistance or putting the missed payment on the end of my loan. I never heard back. After that I was able to resume normal payments. My statement would come always showing one month behind but there were never any threatening letters or default notices, just late fees. I have communicated every detail of my problem to the bank as well as the banks loss mitigation department. Communications from the bank were often confusing as if I was talking to several people who really had no idea what was going on. I never heard back on any of my requests for assistance one way or another. In March I was only able to pay $500.00 of a $781.00 payment with the plan to pay the rest with the following months payment. The bank at this point did start to get more assertive with letters threatening to start the foreclosure process and this time I did actually speak to someone at the bank who kind of pushed me into paying the past due in two installments. I did receive a forbearance letter and I did make most of the required payment this month but making next months amount they are requesting will be difficult. At this point I'm not even a full month behind. Is the bank using scare tactics or should I be worried ? I still have letters and applications in to their loss mitigation department and again am not receiving any feedback as is the case with most of my creditors. They don't seem to like to respond to any written documentation. My situation is challenging because my ex wife is the primary on the loan but the divorce gives me the responsibility and we are in dispute on terms of disposal which eliminates me from alot of traditional assistance options such as HUD etc. At this point I can't afford the fees a lawyer wants. Feedback ?

From our previous discussions and what you wrote in this post, it does not appear you are in danger of having a Notice of Defualt filed. I would bet the loss mitigation department has not worked your case because they have active foreclosures stacked to the ceiling that have preference over your case.

The law requires the lender to notify you of their intention. They almost always use a recorded document called a Notice of Default. Prior to filing a NOD, they almost always send you anywhere from 3 to 6 letters stating they will file. All this means is they are telling you in advance, because they are required to give you notification, that they will file.

Usually the last letter you receive has a date on which they will file. You can believe if you get a letter stating something to the effect, "if we don't receive payment on July 23, 2008, it is our intent to file a NOD on July 31, 2008", they will file a NOD on July 31, 2008.

You are nowhere near that stage or so it appears from your posts. Continue to work with the loss mitigation departments. They will eventually get back to you.

Are the banks getting "antsy" when it comes to sending threatening letters? It seems they jump all over people who miss a single payment

The banks are in the power position. All the laws were written to cover them so what may appear as a threat is really business as usual according to the wording of the law.

Also, the law requires they give notice. W/o notice, there really isn't any actionable case. So, they make sure they give notice. That is the purpose behind the NOD for example.

Also, the pre-NOD letters may have a tough tone but none are threatening as threats are illegal. However, stating the facts in the harshest possible manner are not.

People don't like hearing this information but then again they also don't do any research into the law either. If you know how to communicate w/them, you are one step ahead of the herd. If you know what the law says, you are a hundred miles ahead.