Unless you notify us within thirty (30) days after receipt of this letter that the validity of this debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within thirty (30) days, we will provide you with the name and address of the original creditor if different from the current creditor. We may proceed with suit against you without waiting the thirty (30) days, if so requested by our client. This communication is an attempt to collect a debt, and any information obtained will be used for this purpose.
We have found that many questions are asked repeatedly by consumers with whom we interact. We have compiled a list of our standard answers to the most commmonly asked questions. Please select which state your property is in, and click on that state. You will be taken to the FAQs for your state.
Missouri Foreclosure FAQ
email inquiries to: Missouri Foreclosure Department
Kansas Foreclosure FAQ
email inquiries to: Kansas Foreclosure Department
Nebraska Foreclosure FAQ
email inquiries to: Nebraska Foreclosure Department
The attorneys at Kozeny & McCubbin represent the bank or mortgage company that holds your loan. Therefore, we cannot give you legal advice, but we can give general answers to some frequently asked questions about the foreclosure process.
WHAT IS THE FORECLOSURE PROCEDURE?
In Missouri, mortgages and deeds of trust are foreclosed by advertising the property for sale in a local newspaper, and then selling the property at the courthouse, at the day and time advertised. At the foreclosure sale, the property may be purchased by the mortgage company, or any other party. If you are being foreclosed, notice of the day and time of the sale will also be mailed to you at your last known address. The foreclosure will go as scheduled, whether or not you actually receive this notice.
WHAT IF I DISPUTE THE DEBT?
If you dispute the debt, you must submit the dispute to us in writing. WE CANNOT TAKE YOUR DISPUTE OVER THE TELEPHONE. If the dispute concerns the amount of money owed, please supply clear copies of the front and back of all checks or money orders reflecting payments for which you believe you have not been given credit. If the dispute concerns any other matter, please supply legible copies of any documents supporting your dispute. Please include a description of your dispute in your own words, including your name, account number, property address and lender name with your dispute so we may reference your account. You may fax your dispute to 314-991-6755. You may mail your dispute to Kozeny & McCubbin, 12400 Olive Blvd., Ste 555, St. Louis MO 63141. You may email your dispute to mofc@km-law.com. If you dispute the debt in writing, we will obtain verification of the debt as required by law. However, we will not stop or postpone the foreclosure unless we are authorized by our client, or required by law, to do so. You may have other options available to you to dispute the debt, this is not intended to advise you of all of your legal options.
CAN THE FORECLOSURE BE POSTPONED?
Please note that we will not stop any pending foreclosure procedures unless required to do so by law, or unless directed to do so by our client. Any scheduled hearing dates, sale dates and other deadlines remain as scheduled unless you receive specific written confirmation from us to the contrary. Your inquiry or dispute does not stop any of these pending procedures. We cannot advise you as to legal options you may have to postpone or stop the foreclosure.
I HAVE THE MONEY TO PAY THE MISSED PAYMENTS, WHAT DO I DO?
The foreclosure is happening because you failed to make your mortgage payments. The foreclosure can be stopped if you pay all of the missed payments and any other amounts past due, together with the fees and costs incurred by our office since your file was received by us, if this is done on time and according to these instructions. This is called "reinstating" the loan, and the amount you have to pay is the "reinstatement figure."
If you believe you have the funds available to reinstate the loan, then you may call us at 314-991-0255. You will be connected to our Consumer Help Line, an automated telephone system through which you can request the reinstatement figure. You may call 24 hours a day, seven days a week. Because of the volume of calls during the business day, it may be best to call in the evening. You may also send an email to mofc@km-law.com to request a reinstatement figure. If you call or email to request a reinstatement figure, it will be mailed to you within 3-5 days after receiving your request, along with instructions on how and where to send the money. Because interest continues to accrue on the loan, and foreclosure costs are being incurred, the reinstatement figure will have a "good through" date. The reinstatement figure is valid only through the "good through date," and moneys received after that date may be returned to you. But, you may request a new reinstatement figure at any time, through the Consumer Help Line. The loan cannot be reinstated after the foreclosure sale is held, so reinstatement moneys received after the sale will be returned. If you believe you have the money to reinstate your loan, call as soon as possible to request the reinstatement amount, so that you will have ample time prior to the sale, to obtain the reinstatement figure and send in the money. This firm is a debt collector and any information we obtain from you may be used for that purpose.
WHAT WILL HAPPEN IF I REINSTATE THE LOAN?
If you reinstate the loan, once we verify with the mortgage company that they have received all funds needed to reinstate the loan, within the time to reinstate, the sale will be canceled and the newspaper publication will be stopped.
WHAT IF I AM REFINANCING THE LOAN?
If you are refinancing the loan, your new lender will want to know the total payoff balance on your loan. Your new lender, or the title company, will contact us to request the payoff balance. Ordinarily, we cannot postpone or stop a sale to allow you to refinance. Any scheduled hearing dates, sale dates and other deadlines remain as scheduled.
WHAT IF I HAVE BEEN DISCHARGED IN BANKRUPTCY?
If you have been discharged in bankruptcy, we are not seeking a personal judgment against you, nor are we trying to collect the debt from you personally. The mortgage company is, however, exercising its right to repossess the collateral for the loan (your property). If you have questions about the effect of your bankruptcy on the foreclosure process, you should direct those questions to your bankruptcy attorney.
WHAT IF I AM NOW IN BANKRUPTCY?
If you are now in bankruptcy, contact your bankruptcy attorney about the pending foreclosure for further advice.
I AM A TENANT, WHAT DOES THE FORECLOSURE MEAN TO ME?
If you are a tenant in the property, you may receive notice of the foreclosure sale. The property is being foreclosed because a loan on the property is in default. We are not seeking to collect the loan from any tenants. The foreclosure will go forward, however, even if you have been paying your rent on time. You should contact your landlord, rather than us, if you are a tenant in the property.
WILL THE FORECLOSURE HURT MY CREDIT STANDING?
Kozeny & McCubbin, L.C. does not report the foreclosure to any credit bureaus, but the foreclosure may appear on your credit through other sources. Therefore, we cannot advise you about the effect the foreclosure will have on your credit standing.
WILL I HAVE TO MOVE AFTER THE FORECLOSURE?
At the foreclosure sale, the property will be sold either to the mortgage company or some other party. Since we do not know who will buy the property, we cannot tell you when you will have to move. However, you should expect that the purchaser of your property will demand possession after the foreclosure sale.
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The attorneys at Kozeny & McCubbin represent the bank or mortgage company that holds your loan. Therefore, we cannot give you legal advice, but we can answer generally some frequently asked questions about the foreclosure process.
WHAT IS THE FORECLOSURE PROCEDURE?
In Kansas, mortgages are foreclosed by filing a foreclosure lawsuit. We will be filing a foreclosure lawsuit against you. You will receive notice of this lawsuit as required by law. You may also receive other notices directly from the court. Our goal is to obtain a judgment allowing a foreclosure sale of the property, as well as a money judgment, unless you have been discharged in a bankruptcy, then, we are only seeking foreclosure of the property. The judgment we are seeking will authorize the sheriff to sell the property at the courthouse. After the sheriff’s sale, you will have a period of time in which to redeem the property by paying the purchase price of the sheriff’s sale into court. If you do not redeem the property, the sheriff will issue a deed to the purchaser. If you have questions about the foreclosure process, you should consult an attorney of your choosing.
WHAT IF I DISPUTE THE DEBT?
If you dispute the debt, you must submit the dispute to us in writing. WE CANNOT TAKE YOUR DISPUTE OVER THE TELEPHONE. If the dispute concerns the amount of money owed, please supply clear copies of the front and back of all checks or money orders reflecting payments for which you believe you have not been given credit. If the dispute concerns any other matter, please supply legible copies of any documents supporting your dispute. Please include a description of your dispute in your own words, your name, account number, property address and lender name with your dispute so we may reference your account. You may fax your dispute to 314-991-6755. You may mail your dispute to Kozeny & McCubbin, L.C., 12400 Olive Blvd., Ste 555, St. Louis MO 63141. You may email your dispute to ksfc@km-law.com. If you dispute the debt in writing, we will obtain verification of the debt as required by law. However, we will not stop or postpone the foreclosure unless we are authorized by our client, or required by law, to do so. Also, mailing us a dispute does not excuse you from responding to the lawsuit in court. If you want to dispute the foreclosure in court, you should consult an attorney of your choosing. You may have other options available to you to dispute the debt, this is not intended to advise you of all of your legal options.
CAN THE FORECLOSURE BE POSTPONED?
Please note that we will not stop any pending foreclosure procedures unless required to do so by law, or unless directed to do so by our client. Any scheduled hearing dates, sale dates and other deadlines remain as scheduled unless you receive specific written confirmation from us to the contrary. Your inquiry or dispute does not stop any of these pending procedures, nor does it excuse you from any court notices, deadlines or dates. We cannot advise you as to legal options you may have to postpone or stop the foreclosure.
I HAVE THE MONEY TO PAY THE MISSED PAYMENTS, WHAT DO I DO?
The foreclosure is happening because you failed to make your mortgage payments. The foreclosure can be stopped if you pay all of the missed payments and any other amounts past due, together with the fees and costs incurred by our office since your file was received by us, if this is done on time and according to these instructions. This is called "reinstating" the loan, and the amount you have to pay is the "reinstatement figure."
If you believe you have the funds available to reinstate the loan, then you may call us at 314-991-0255. You will be connected to our Consumer Help Line, an automated telephone system through which you can request the reinstatement figure. You may call 24 hours a day, seven days a week. Because of the volume of calls during the business day, it may be best to call in the evening. You may also send an email to ksfc@km-law.com to request a reinstatement figure. If you call or email to request a reinstatement figure, it will be mailed to you within 3-5 days after receiving your request, along with instructions on how and where to send the money. Because interest continues to accrue on the loan, and foreclosure costs are being incurred, the reinstatement figure will have a "good through" date. The reinstatement figure is valid only through the "good through date," and moneys received after that date may be returned to you. But, you may request a new reinstatement figure at any time, through the Consumer Help Line. The loan cannot be reinstated after the foreclosure sale is held, so reinstatement moneys received after the sale will be returned, but, you may have a right to redeem the property by paying full purchase price . If you believe you have the money to reinstate your loan, call as soon as possible to request the reinstatement amount, so that you will have ample time prior to the sale, to obtain the reinstatement figure and send in the money. This firm is a debt collector and any information we obtain from you may be used for that purpose.
WHAT WILL HAPPEN IF I REINSTATE THE LOAN?
If you reinstate the loan, once we verify with the mortgage company that they have received all funds needed to reinstate the loan, within the time to reinstate, the sale will be canceled and the newspaper publication will be stopped.
WHAT IF I AM REFINANCING THE LOAN?
If you are refinancing the loan, your new lender will want to know the total payoff balance on your loan. Your new lender, or the title company, will contact us to request the payoff balance. Ordinarily, we cannot postpone or stop a sale to allow you to refinance. Any scheduled hearing dates, sale dates and other deadlines remain as scheduled.
WHAT IF I HAVE BEEN DISCHARGED IN BANKRUPTCY?
If you have been discharged in bankruptcy, we are not seeking a personal judgment against you, nor are we trying to collect the debt from you personally. The mortgage company is, however, exercising its right to repossess the collateral for the loan (your property). If you have questions about the effect of your bankruptcy on the foreclosure process, you should direct those questions to your bankruptcy attorney.
WHAT IF I AM NOW IN BANKRUPTCY?
If you are now in bankruptcy, contact your bankruptcy attorney about the pending foreclosure for further advice.
I AM A TENANT, WHAT DOES THE FORECLOSURE MEAN TO ME?
If you are a tenant in the property, you may receive notice of the foreclosure sale. The property is being foreclosed because a loan on the property is in default. We are not seeking to collect the loan from any tenants. The foreclosure will go forward, however, even if you have been paying your rent on time. You should contact your landlord, rather than us, if you are a tenant in the property.
WILL THE FORECLOSURE HURT MY CREDIT STANDING?
Kozeny & McCubbin, L.C. does not report the foreclosure to any credit bureaus, but the foreclosure may appear on your credit through other sources. Therefore, we cannot advise you about the effect the foreclosure will have on your credit standing.
WILL I HAVE TO MOVE AFTER THE FORECLOSURE?
After the foreclosure sale there is a redemption period provided by law. The redemption period is stated in the foreclosure judgment. If the property is not redeemed, the Sheriff will issue a deed to the purchaser. Since we do not know who will buy the property, we cannot tell you when you will have to move. However, you should expect that the purchaser of your property will demand possession after sheriff issues the purchaser a deed to the property.
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The attorneys at Kozeny & McCubbin represent the bank or mortgage company that holds your loan. Therefore, we cannot give you legal advice, but we can answer generally some frequently asked questions about the foreclosure process.
WHAT IS THE FORECLOSURE PROCEDURE?
In Nebraska, a Notice of Default is recorded with the Register of Deeds, publicly notifying that the debt is being accelerated and the property is in foreclosure. Mortgages and deeds of trust are foreclosed by advertising the property for sale in a local newspaper, and then selling the property at the courthouse, at the day and time advertised. At the foreclosure sale, the property may be purchased by the mortgage company, or any other party. If you are being foreclosed, notice of the day and time of the sale will also be mailed to you at your last known address. The foreclosure will go as scheduled, whether or not you actually receive this notice.
WHAT IF I DISPUTE THE DEBT?
If you dispute the debt, must submit the dispute to us in writing. WE CANNOT TAKE YOUR DISPUTE OVER THE TELEPHONE. If the dispute concerns the amount of money owed, please supply clear copies of the front and back of all checks or money orders reflecting payments for which you believe you have not been given credit. If the dispute concerns any other matter, please supply legible copies of any documents supporting your dispute. Please include a description of your dispute in your own words, your name, account number, property address and lender name with your dispute so we may reference your account. You may fax your dispute to 314-991-6755. You may mail your dispute to Kozeny & McCubbin, L.C. 12400 Olive Blvd., Suite 555, St. Louis MO 63141. You may email your dispute to nefc@km-law.com. If you dispute the debt in writing, we will obtain verification of the debt as required by law. However, we will not stop or postpone the foreclosure unless we are authorized by our client, or required by law, to do so. You may have other options available to you to dispute the debt, this is not intended to advise you of all of your legal options.
CAN THE FORECLOSURE BE POSTPONED?
Please note that we will not stop any pending foreclosure procedures unless required to do so by law, or unless directed to do so by our client. Any scheduled hearing dates, sale dates and other deadlines remain as scheduled unless you receive specific written confirmation from us to the contrary. Your inquiry or dispute does not stop any of these pending procedures. We cannot advise you as to legal options you may have to postpone or stop the foreclosure.
I HAVE THE MONEY TO PAY THE MISSED PAYMENTS, WHAT DO I DO?
The foreclosure is happening because you failed to make your mortgage payments. The foreclosure can be stopped if you pay all of the missed payments and any other amounts past due, together with the fees and costs incurred by our office since your file was received by us, if this is done on time and according to these instructions. This is called "reinstating" the loan, and the amount you have to pay is the "reinstatement figure."
If you believe you have the funds available to reinstate the loan, then you may call us at 314-991-0255. You will be connected to our Consumer Help Line, an automated telephone system through which you can request the reinstatement figure. You may call 24 hours a day, seven days a week. Because of the volume of calls during the business day, it may be best to call in the evening. You may also send an email to nefc@km-law.com to request a reinstatement figure. If you call or email to request a reinstatement figure, it will be mailed to you within 3-5 days after receiving your request, along with instructions on how and where to send the money. Because interest continues to accrue on the loan, and foreclosure costs are being incurred, the reinstatement figure will have a "good through" date. The reinstatement figure is valid only through the "good through date," and moneys received after that date may be returned to you. But, you may request a new reinstatement figure at any time, through the Consumer Help Line. The loan cannot be reinstated after the foreclosure sale is held, so reinstatement moneys received after the sale will be returned. If you believe you have the money to reinstate your loan, call as soon as possible to request the reinstatement amount, so that you will have ample time prior to the sale, to obtain the reinstatement figure and send in the money. This firm is a debt collector and any information we obtain from you may be used for that purpose.
WHAT WILL HAPPEN IF I REINSTATE THE LOAN?
If you reinstate the loan, once we verify with the mortgage company that they have received all funds needed to reinstate the loan, within the time to reinstate, the sale will be canceled and the newspaper publication will be stopped.
WHAT IF I AM REFINANCING THE LOAN?
If you are refinancing the loan, your new lender will want to know the total payoff balance on your loan. Your new lender, or the title company, will contact us to request the payoff balance. Ordinarily, we cannot postpone or stop a sale to allow you to refinance. Any scheduled hearing dates, sale dates and other deadlines remain as scheduled.
WHAT IF I HAVE BEEN DISCHARGED IN BANKRUPTCY?
If you have been discharged in bankruptcy, we are not seeking a personal judgment against you, nor are we trying to collect the debt from you personally. The mortgage company is, however, exercising its right to repossess the collateral for the loan (your property). If you have questions about the effect of your bankruptcy on the foreclosure process, you should direct those questions to your bankruptcy attorney.
WHAT IF I AM NOW IN BANKRUPTCY?
If you are now in bankruptcy, contact your bankruptcy attorney about the pending foreclosure for further advice.
I AM A TENANT, WHAT DOES THE FORECLOSURE MEAN TO ME?
If you are a tenant in the property, you may receive notice of the foreclosure sale. The property is being foreclosed because a loan on the property is in default. We are not seeking to collect the loan from any tenants. The foreclosure will go forward, however, even if you have been paying your rent on time. You should contact your landlord, rather than us, if you are a tenant in the property.
WILL THE FORECLOSURE HURT MY CREDIT STANDING?
Kozeny & McCubbin, L.C. does not report the foreclosure to any credit bureaus, but the foreclosure may appear on your credit through other sources. Therefore, we cannot advise you about the effect the foreclosure will have on your credit standing.
WILL I HAVE TO MOVE AFTER THE FORECLOSURE?
At the foreclosure sale, the property will be sold either to the mortgage company or some other party. Since we do not know who will buy the property, we cannot tell you when you will have to move. However, you should expect that the purchaser of your property will demand possession after the foreclosure sale.
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