As I've stated before, I have a foreclosure date of May 19th, little over 2 weeks away. I'm meeting with the attorney on the 5th, to file chapter 13. As the foreclosure date gets closer, I feel like I'm about to have a mental breakdown. On top of that, we had somebody stop by the house today and asked to look at it, because she's seen it was on the market for auction. My heart sank. I really need to hear some positive outcomes, from those you that filed chapter 13 for the main purpose of saving your home, did it work? Does a mortgage company often file for a lift of stay ( idk if that's what is called) ? I'm so full of fear right now, i could barf.
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Pending Foreclosure = My Mental Breakdown
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Take a deep breath and exhale slowly. You will probably get several responses from those who have been through this and come away unscathed. If I'm not mistaken, once the 13 is filed with the courts all will stop. Although my case had not progressed quite so far I did have a rep from the mortgage company confront me at my front door saying they wanted $500 in cash or they will proceed with the foreclosure. I politely informed her that she could speak to my attorney. She badgered me and my only response was to smile and said she could speak to my attorney. It was lovely. Her final words were that she was going to enjoy foreclosing on my house. I then told her that when she was through taking pictures of the house to get the hell off my property. Needless to say but I'm still living in the same house. It's amazing. The mere mention of a case number, or an attorney's name and number, to a belittling debt collector stops them stone cold.Filed 11/10/08
Discharged 2/18/14
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Hi Casey, I know just what you are going through. I filed Ch 13 to save my home back in Dec. of 2009. I had people coming to my door and sending me mail about buying my house. I was just sick to my stomach. There were postings on my front door when I came home from work. That is when I finally called an attorney and filed my ch 13.The foreclosure was stopped right then and I was able to pay back the mortgage payments that I was behind on. It is 6 years later and I am so happy that I filed to save my home. You will feel better once you meet with the attorney. The waiting is the worse part but this will save your home. It is going to be better, I promise you that. Take a deep breath and try to get into an attorney as soon as possible for your own peace of mind. Best of luck to you!
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I stopped a foreclosure sale on an investment property just days (I filed on Thursday, the sale was on the following Tuesday). i also stopped the foreclosure sale of a second investment property that was about 1 week away (Trustee sale). At the exact moment you file, no foreclosure sale could survive because it would automatically be undone. So, as others have written... relax!
A Chapter 13 is precisely the tool to save property. The lender will not seek leave from the automatic stay if your Chapter 13 plan provides for a.) curing arrears, and/or b.) paying the mortgage over the life of the plan as usual.
Also, don't let anyone in your home. No lender has any right to enter your property. At best, they typically take pictures from outside.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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