While in court today, the hardest hit fund was brought up and some time was spent discussing a huge problem , and often overlooked aspect of the fund, with it. The fact pattern seems to be the same – a borrower is in an active foreclosure lawsuit, applies for (and is accepted into) the hardest hit fund, the fund starts paying the creditor (the bank), and tells them that the foreclosure lawsuit will stop. This is not the case. If you are in the hardest hit fund you still need to defend your foreclosure lawsuit!
What is the Hardest Hit Fund
Think of the hardest hit fund as a different kind of reinstatement. It requires a very specific hardship – divorce, disability, and death do not qualify. It requires unemployment, or underemployment, that is not your fault. This is different from a loan modification – not every hardship qualifies you. If you do qualify the fund may either provide mortgage payments or pay off your arrearages (directly to the servicer) in order to get you current or keep you current with your mortgage.
Sounds Great Right!?!
Not if you have on ongoing foreclosure case. If so, the advisors may forget to tell you to defend your case and keep the court informed as to developments with your participation in this fund. If you do not do so, it can have dire consequences. If you do not hire a competent foreclosure defense attorney, or at least defend the suit on your own, you may still end up losing your home even after you have gotten into the fund and had them pay money to your servicer.
If you have applied for the hardest hit fund, have been accepted and your servicer is receiving payments, it is still important that you defend your foreclosure case until your suit is dismissed by the bank. If you would like to schedule a consultation to review your case and your status in the hardest hit fund, please call my office at 813.502.6768 or email my office.
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