Update: We filed Ch 7 back in Sept. 2011. UST Motion to Dismiss under 707(b). In response, we finally converted to 13 last month (February), and haven't even made our 1st payment yet.
In all of the back and forth with the UST while going for the 7, he stated we should be in a home with a payment no more than $1500/month going forward....even in a 13 to make a workable plan. Our current payment is $2400 and is up to date. We REALLY don't want to move and put ourselves in the precarious position of becoming renters. There are very few suitable rental properties in our area, other than older, seedy apt. complexes. Not going to do that. Very few homes for rent. Most of what is available is college student housing near the local Universities....so again, not suitable. We would just like to find a smaller ranch home, or even a condo, to rent, and its been impossible. There just aren't any around here, and I've gone through the paper, craigs list, local realtors, rent.com, etc.
A local realtor suggested we contact Chase (who holds our Mortgage) and talk to them about our options.
Come to find out, they don't even have us listed as under BK!!
Oops! So I let the cat out of the bag to them, or what? They were notified in the original creditor mailing! I see them on the list. But somehow it didn't get into their system? How?
The lady I talk to says that now that they know, we won't be able to access our mortgage online anymore, or make payments through the Branch, or through the regular method....and that all payments would have to go through their BK dept.?
I don't get it. I told her....Look, we are current! We just want to stay and keep the house, and DO NOT want to foreclose! Can't you help us?
Nope. Not gonna help us. Not interested in helping us even though we are current. Instead, they just want to wait and see what happens, and get all our BK info into their system.
IF the Court forces us to give this place up, they will essentially be forcing foreclosure, and a very undesirous housing situation will be upon us.
Do we stop making payments in prep for that happening, so we have some money to move, and for security deposits and whatnot?
To be honest, at this point I am stressed out of my mind. The uncertainty of the Plan, of what will happen to this house, of where we will be living in 6 months....its all nearly too much.
And everything moves so slowly. Have to go through ANOTHER 341 in a month. THEN wait another month for the plan confirmation hearing. Then wait 2 more months for any creditor objections, or to see who is going to file for payment.
And on top of it all, a different Judge took over the dockett and our atty. is scared of him....and also tells us we got the worse of the 2 13 TTs. He keeps telling us how unlucky we are.
I've had it. I truly have had it.
It really seems like since the beginning of this whole process almost 2 years ago....I mean the BEGINNING, where we even started contemplating BK....I have made the wrong decisions, and can't seem to get the right local guidance. Yes, the Board here has been great, but it only goes so far.
I am just literally nauseous over my life right now. Its getting harder and harder to get out of bed every morning. Just don't know where to turn next, and afraid to make any move at all. The fight feels gone.
In all of the back and forth with the UST while going for the 7, he stated we should be in a home with a payment no more than $1500/month going forward....even in a 13 to make a workable plan. Our current payment is $2400 and is up to date. We REALLY don't want to move and put ourselves in the precarious position of becoming renters. There are very few suitable rental properties in our area, other than older, seedy apt. complexes. Not going to do that. Very few homes for rent. Most of what is available is college student housing near the local Universities....so again, not suitable. We would just like to find a smaller ranch home, or even a condo, to rent, and its been impossible. There just aren't any around here, and I've gone through the paper, craigs list, local realtors, rent.com, etc.
A local realtor suggested we contact Chase (who holds our Mortgage) and talk to them about our options.
Come to find out, they don't even have us listed as under BK!!
Oops! So I let the cat out of the bag to them, or what? They were notified in the original creditor mailing! I see them on the list. But somehow it didn't get into their system? How?
The lady I talk to says that now that they know, we won't be able to access our mortgage online anymore, or make payments through the Branch, or through the regular method....and that all payments would have to go through their BK dept.?
I don't get it. I told her....Look, we are current! We just want to stay and keep the house, and DO NOT want to foreclose! Can't you help us?
Nope. Not gonna help us. Not interested in helping us even though we are current. Instead, they just want to wait and see what happens, and get all our BK info into their system.
IF the Court forces us to give this place up, they will essentially be forcing foreclosure, and a very undesirous housing situation will be upon us.
Do we stop making payments in prep for that happening, so we have some money to move, and for security deposits and whatnot?
To be honest, at this point I am stressed out of my mind. The uncertainty of the Plan, of what will happen to this house, of where we will be living in 6 months....its all nearly too much.
And everything moves so slowly. Have to go through ANOTHER 341 in a month. THEN wait another month for the plan confirmation hearing. Then wait 2 more months for any creditor objections, or to see who is going to file for payment.
And on top of it all, a different Judge took over the dockett and our atty. is scared of him....and also tells us we got the worse of the 2 13 TTs. He keeps telling us how unlucky we are.
I've had it. I truly have had it.
It really seems like since the beginning of this whole process almost 2 years ago....I mean the BEGINNING, where we even started contemplating BK....I have made the wrong decisions, and can't seem to get the right local guidance. Yes, the Board here has been great, but it only goes so far.
I am just literally nauseous over my life right now. Its getting harder and harder to get out of bed every morning. Just don't know where to turn next, and afraid to make any move at all. The fight feels gone.
Bankruptcy Wizard
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