buy out, refinance

[justbroke]

First, I wonder what the Trustee's payoff amount will be. I'm guessing that it's somewhere between base and 100% of "allowed unsecured claims" + unpaid attorney fees - less amount paid to date + trustee's commission.

If the bank received relief, that means they can start foreclosure proceedings.

[supernova]

they would need to get a relief order from the court, the only thing they have is the order for permission to pay off plan. no one (my atty, banks atty, trusty, or the bk court office) seems to know what the bank is talking about, except the bank. they say they have relief..

[justbroke]

Well, if they say they do, then let them try to collect, and then pounce!

[supernova]

Guess what, I was served a NOTICE OF DEFAULT (pre step to foreclosure) today. Is this a violation of bk. There saying min payment of several thousand. what next....

[justbroke]

Guess what, I was served a NOTICE OF DEFAULT (pre step to foreclosure) today. Is this a violation of bk. There saying min payment of several thousand. what next....

Absolutely! Next step, contact your lawyer. Make sure you pounce. (That is, follow the standard practice for your District, which may include sending a "warning" letter.)

[supernova]

well, i spoke with the bank several times with no avail, I sent three certified letters and five faxes showing my status. They finally remitted it back to active bk status. although this has been done there still claiming the fees are collectable (over 4,000.00) and still showing three months late. can they still be held in violation?? even if some of the fees are corrected, i cant trust there accounting to be correct...

I spoke with one guy at the bank (in india) he told me that our court system is weak and before i get them to do anything they will own my property.

[shark66]

I spoke with one guy at the bank (in india) he told me that our court system is weak and before i get them to do anything they will own my property.

I certainly do hope that you were recording the aforementioned call...

Good luck.

[LadyInTheRed]

Supernova, have you told your attorney about what's going on with the lender? It sounds like it's time they hear from him instead of you.

[supernova]

ya I have, cant get in to see him for another week, just venting, its a long story(http://www.bkforum.com/showthread.ph...automatic-stay). trying to get a little info before i see him, thanks everyone....

[LadyInTheRed]

As Justbroke so eloquently puts it, I hope your attorney will help you "pounce." They can't charge you for fees for violating the automatic stay and the threats this guy is making are continued violations of the stay. If you haven't already, write down the date and time of each conversation you've had, the name of the person you spoke to if you know it and a summary of the call. The bank could wind up covering part of your buy out!

[supernova]

they have my account so messed up i dont know if ill ever see light...it is so stressful waiting for the call from my attorney, but i know there busy...all i want is to wash my hands of this bank!!!

[supernova]

can they still be held in violation?? even if some of the fees are corrected, i cant trust there accounting to be correct...

[shark66]

can they still be held in violation??

Yes, they can be held in violation...but someone needs to call them on it...

This is something your attorney needs to address ASAP. If it were me, I'd be camping outside of his/hers office...

If so requested, the bank has to disclose their "math"...in writing. And that's where a good attorney goes in for the kill...

Good luck.

[supernova]

i need to have my atty file a motion to show cause, right???

[newbie2]

Yes, you need your attorney to file a motion, unless you fire your attorney and do it on your own. (I would NOT recommend this.) If you need to switch attorneys then do so, but don't do anything with this lender on your own.