Filing 13 in Jan. Chase knocked on door today what to do?

[eliminator97]

We are filing a 13 in mid January (when we have $1500 for attorney fee). We are stripping our 2nd mortgage (Professional appraisal $127k, owe $157 on first, and $44k on 2nd). The guy dropped an envelope marked confidential with our 2nd mortgage account number on it and a budget form to fill out. Should we fax or call and let them know we are filing or could they start to foreclose? We are 3 months behind right now. This is so scary because it's our home. Any advice would be appreciated. I looked up the company name (J.M. Adjustment Services) and they list 2 in person visits and then they call on neighbors. I want to avoid that!!

[SunshineGal]

If you've already decided on an attorney than you need to ask them how to proceed. In the meantime, you can relax a little. Just because they begin forclosure proceedings doesn't mean you'll be out tomorrow. If your filing in January than you should be okay.

Keep in mind, I'm not an attorney, just have friends in MI who went through a BK and forclosure.

[SunshineGal]

Looks like there was a recent change to Michigan law. Hope this helps.

http://www.michigancollectionlawblog.com/2009/06/michigans_new_mortgage_foreclo_1.html

[daytona]

I would not bother with filling out the forms. Chase is just trying to see if they can offer you some sort of "workout" for the 2nd mortgage, since you are fileing in Jan you will be fine. The 2nd is not going to foreclose anyway since they are way underwater, even before you take into acoount all the fees that would add up...remember they would have to "buy out" the first anyway...which they are not going to do.

[MSbklawyer]

What's black and brown and looks good on a door-to-door collection agent?

http://www.los-angeles-injury-lawyer-blog.com/Dog_attack2.jpg

[SunshineGal]

What's black and brown and looks good on a door-to-door collection agent?

http://www.los-angeles-injury-lawyer...og_attack2.jpg

Too funny, I have to get one of those, lol.

[walkthaplank]

MS, you need to post warnings if you are going to something like that. I darn near spat soda all over my poor beat up laptop. As this is a BK forum, you should know that while I may not be paying for this laptop, I certainly can't afford to replace it because it has been doused in soda!

[newbie2]

Eliminator, don't panic.

The company that so nicely left that informational packet on your door and let you know that after the second trip will visit with your neighbors is trying one of the oldest debt collection techniques: Intimidate and frighten.

Pick up the phone and call the 2nd mortgage holder. Let them know you haven't **abandoned** the home and will pay when you can. Then hang up. Short and sweet.

In January file your bankruptcy plan and let your attorney take over.

**In Michigan the mortgage holder can accelerate the foreclosure process if you abandon the home. You have 6 months right of redemption if you are still living in the home, 30 days if you vacate it. Simply let the 2nd mortgage holder know that you have not abandoned the home.

[eliminator97]

Eliminator, don't panic.

The company that so nicely left that informational packet on your door and let you know that after the second trip will visit with your neighbors is trying one of the oldest debt collection techniques: Intimidate and frighten.

Pick up the phone and call the 2nd mortgage holder. Let them know you haven't **abandoned** the home and will pay when you can. Then hang up. Short and sweet.

In January file your bankruptcy plan and let your attorney take over.

**In Michigan the mortgage holder can accelerate the foreclosure process if you abandon the home. You have 6 months right of redemption if you are still living in the home, 30 days if you vacate it. Simply let the 2nd mortgage holder know that you have not abandoned the home.

Thank you. We will either fax or call the 2nd mortgage holder and contact our attorney. It sure helps to be able to ask others who have been/are going thru the same thing.

[Flamingo]

Just hand those papers over to your attorney since you state you are filing next month - with that statement I am assuming you already have an attorney.

MSBK - too funny - yes the wolf is at the door! LOL!

[eliminator97]

Just hand those papers over to your attorney since you state you are filing next month - with that statement I am assuming you already have an attorney.

MSBK - too funny - yes the wolf is at the door! LOL!

We do have an attorney. We've been in twice and brought in almost all requested documents. We haven't paid his required $1500 up front to file. Just worrying about timing...what if foreclosure was started or if one of the cc's started a judgement before we file, how much more headache will it be?