Help! Question about what the foreclosure notice

[Ifonly]

I've been having a problem getting BAC to recognize my CH13. They keep saying it doesn't exist, reporting to my credit, etc. My lawyer doesn't return my phone calls and I can't afford him at this point anyway. I got some good tips here about how I can proceed but I haven't followed up (moving, job search, etc.) - we surrendered the property in the CH13, our plan is confirmed and the payments are up to date.

We were served our civil action - complaint in mortgage foreclosure this week.

There is no reference to our bankruptcy - standard form, I would assume. Number 6 sets out the amount "due" fees, late charges, escrow deficit, blah, blah. Number 7 states:

"Plaintiff is NOT seeking a judgement of personal liability against the defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendent has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises."

But at the very end it says,

"Plaintiff demands an in rem judgment against the Defendant in the sum of $262,984.09, together with interest from {date} at the rate of $37.94 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property."

We surrendered the property in the CH13 so I want the foreclosure to proceed but I don't want to have a financial judgment entered against me. It shouldn't be, right? Is there something I can file within the 20 days with a copy of my CH13 to protect myself from anything other than the foreclosure?

I really can't afford my lawyer at $150/hour. I have one uninspected car, one car that needs new brakes, and really can't even afford groceries this week. (as I'm sure we all know the feeling)

[Ifonly]

Anyone? I could use some guidance as my attorney charges $150/hour and doesn't return my calls anyway.

[lrprn]

Do you have a Ch 13 case number that proves your lawyer filed your Ch 13? Are you certain that BAC was notified of your filing? (You can check for both by checking on PACER (Public Access to Court Electronic Records. If you don't have a PACER account, they are free. Check the forum PACER sticky to find out how to sign up.)

If you do have your case number and you are sure that BAC was notified you filed, then stop calling your lawyer and make an appointment to see him f2f asap. BAC is violating your automatic stay big time and you paid his fee for him to deal with this kind of stuff for you.

If your lawyer refuses to act (and I don't know why he would refuse - there's easy money for him by proving to the bk court that BAC is violating your stay), then call a NACA (National Association of Consumer Advocates) attorney in your area - http://naca.networkats.com/members_o...rya.asp?token= .

NACA should be very interested in your case because it's a sure slam-dunk that BAC will be fined for violating your automatic stay. NACA lawyers work on a contingency basis - they get paid if they win the case - or adjust their fee to what you can afford so your lack of funds shouldn't be a issue.

You can also try calling your trustee directly to inform him that BAC is violating your stay and your lawyer won't do anything about it. The bk court hates companies that deliberately and flagrantly violate a filer's automatic stay.

Get going. If your lawyer won't act, then you certainly should. Don't let this happen to you - you can help yourself but you have to do it now.

[Ifonly]

I know they were informed of our CH13. I still have the copies of all of our filings and they're very clearly listed and the home is marked "surrender". The funniest thing with BAC is that they have the 1st AND 2nd mortgages and recognize the BK case on the 2nd mortgage but say it's not there on the 1st???? They're impossible to talk to. I even tried to talk to their "lawyer" before I moved and they said they filed a relief from the automatic stay but I never received a copy. Would PACER show that? If they did file for relief then this is just their normal foreclosure and no deficiency? It really sucks that I've called my lawyer multiple over BAC's letters, calls, etc. and he wrote a one paragraph letter to their customer service address basically saying "don't bill them" and charged me $60 for it. {sigh}

[Ifonly]

Thanks, lprn. I emailed my attorney (I needed to give him our new rental address anyway) and he actually emailed me back (the planets must have aligned).

He says that BAC did file for relief (gee, thanks for telling me or sending me a copy) and that this is the standard foreclosure bringing the surrender to its conclusion.

Thanks for the response, I appreciate it.

I probably shouldn't have worried but BAC has been reporting us 120 on our credit, paying the property taxes, sending us bills and making collection calls to us - why do all of that if they knew they HAD to foreclose?

Plus BAC has been telling us "bankruptcy? What bankruptcy?" which made me much more nervous that I probably should have been.

I think they do this crap on purpose to confuse/scare/intimidate people into giving them $, any kind of $.