The bank filed papers on me last July. The judge dismissed the case today. My long national nightmare is over. If you’re in the midst of yours, maybe something I’ve learned can be of value to you. Or perhaps not.
Why was the case dismissed?
Technically speaking, the case was dismissed because they (Citimortgage) made me an offer – I completed 3 “trial payments” according to a schedule they provided, they agreed to provide me with a mortgage modification to set my future mortgage payments.
The Citi attorney moved to dismiss with “leave to reopen” if I didn’t follow though on the agreement. The judge agreed and dismissed the case without giving me an opportunity to respond.
I didn’t really want a dismissal today, because in my mind there are issues still to resolve. For instance, I don’t have a modified mortgage to sign and I don’t even know how much I’m supposed to pay by June 1. Their offer specified an APR and a mortgage term, and I’m concerned that when my mortgage papers arrive, they will write in different terms. I believe this is possible because for months I’ve been receiving letters from different Citi offices with conflicting information, and showing no awareness that there are other Citi reps telling me different things.
Oh, yeah, they took 3 payments adding up to nearly 3 grand, and they didn’t apply it to my mortgage balance – they just banked it. I wanted to know whether the money I paid would go toward paying off my house, or for hookers & blow for the Citi execs. But now I don’t have an option to find this out.
Even if it’s a minor victory against Citi you are still a hero to the people. Hope it all works out for you in the end.
It sounds like you are in limbo now, do you have any idea what the next step will be?
Jubilation!—(Simon & Garfunkel.) I’m truly glad for you.
I’ve been living under the low-grade fever of impending foreclosure for a while now. In June it’ll be real. We’d been paying a mortgage for over thirty years—moved a few times. What we owed at the beginning was $8,000.00. It might as well have been a million. Here’s my unfinished poem.
The Eviction of America
Mama’s snowball bush at the corner of the house—
I couldn’t bear to uproot it so left it to
anchor another one’s dreams.
That dip in the backyard that’s hard to mow—
the kids liked to squish there after a rain.
Hope the decaying pets never sully the soil,
instead nourishing new plants nodding
toward the sun.
The walkway’s cracked, but leads into a family room for
stacked albums and pictures and spring-boards towards the future.
The kitchen’s bright with birthday candles; the hallway’s dark
with midnight tears.
I could have walked these rooms forever even blind, but there always comes a time for goodbye. Just that—now the natural progression
has been interrupted.
I sent an email to Citi’s attorney this evening asking that question – I need to know how much to pay and where to send it, and I need to know it will actually be applied against my debt while I’m still waiting on the revised mortgage.
Just a few weeks ago, I learned another surreal fact about Citi. They recently appointed a “sole point of contact”, a named individual, for me to talk to about my mortgage concerns. She has sent me letters encouraging me to call about any issues. However, at about the same time they appointed her, they also told her she could NOT talk to me while my property is in foreclosure. That is what she told me when I called her to discuss my account.
The opposing lawyer has consistently refused to communicate with me or answer any questions, except when I’m in the courtroom in front of the judge. So I’m not holding my breath for a reply.
And if no one replies, and they don’t send be instructions for my next payment in the next 10 days, they could reopen the case.
I’m very sorry to hear this. What exactly happens in June? Is that when you are expecting them to file suit? Has there already been a judgment against you?
Sorry about the hijack. 
No final judgment yet but it’s coming. And I spent yesterday looking at apartments we can’t afford so this hit too close to home. (pun)
Again, I’m sorry but I am glad for you.
Also, I would get a lawyer now, at least for a consultation, before the 10 days are up. Legal Aid does this for free.
If they start the process over they’ll hit you with new fees.
30 year mortgage rates are back down to 4%. I hope the APR they’ve established for you is at least near that.
Good luck to you and Becky.
In WI state, even after a judgement, it’s still another 6 months until the sheriff shows up for an eviction. Theoretically it gives both parties a bit of a cooling off period and some additional time to reach a settlement to stay in the home.
Have you looked into whether there is something similar where you live?
Why weren’t you able to present your case in court? The judge was there, the opposing council was there, and it seems that you were also. Why did the judge close proceedings without hearing from you/your counsel?
The opposing council literally phoned it in, and has never appeared in person in the courtroom. The judge basically steamrollered me, as I was at midday on the calendar and they were running late. I don’t think she imagined that I, the defendant, could have any possible objection to dismissing the case against me. So as soon as the Citi lawyer moved for dismissal “with leave to reopen”, she said “Congratualtions, Mr Boyo” and reached for the gavel. When I tried to talk she only allowed me one question, which was whether I too could reopen the case if I believed they were not keeping to the terms of the settlement. She agreed that I could too – but I’m skeptical that re-opening my own foreclosure case would be a good idea under any circumstances.
Another lesson I learned is wait for a day when you can be the first case on the calendar, or who knows what will happen or when.
Dude, get a lawyer on this. I hate to use cliches, but if this wasn’t a miscarriage of justice, I’d have a hard time finding a better example. As it stands, it seems that you are at their absolute mercy.
If I could afford a lawyer, I would have been foreclosed on.
Congrats?
I’m sure you are at the point of keeping excellent records - but if not, do so. Certified mail isn’t expensive for your mortgage payments.
I just wanted to say that I think this whole proceding against you has been complete and utter shite, and I hope that this is the last rotten thing that CitiBank does to you.
Congratulations and fingers crossed! 
Did you find out if Citi had the original note? In Florida we’ve had a lot of people successfully defend foreclosures because the loan was sold on and the new owner only had electronic records.
Nitpick: counsel.
Also, unless your state’s rules of procedure are really weird, there’s not much an attorney could have done for you. A party can basically dismiss its action once at any time (though you might be entitled to costs as the prevailing party.)
Yikes. I came in to shout CONGRATS, then read the rest and realized they basically stopped the process without FINALIZING anything.
So that 3 grand isn’t being applied to your mortgage retroactively? there’s nothing anywhere saying where that goes? What if you quit making payments now - would they keep the 3 grand and say so long, sucker?
I do strongly encourage you to refinance away from Shitibank as soon as you have the means to do so!!! Tough right now with a recent foreclosure (or at least actions leading up to) on your record, but maybe in a few months…