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    we finally filed!

    I am so excited and relieved. It's the beginning of the end. Attorney said that he didn't think there was a chance of the trustee pushing us into a 13, so I'm happy about that. I'm just so relieved that it will finally all be behind us. Now we just have to decide when to vacate the house. Attorney said that a lot of times even if they get to the sherrif sale, rather than start the eviction process they might try to bribe us to vacate - here's X amount of cash, if you will vacate within 30 days. Anyone ever experienced that before? That sure would be nice... At any rate, we will stay through March I'm sure. We will see how much longer after that.

    #2
    Sit there as long as you can and pocket that money for further use......

    Believe me, they will contact you when they want you out and may offer cash to move out sooner....

    Just be prepared to move when the time comes......
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      Save that money but you should put a post our to "Fresh Like a Daisy" and find out the horror story about waiting to be evicted...not sure I like that idea.

      Would like to see someone give ME money to move out instead of the opposite!!
      CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
      DECLARED NO ASSESTS: 2/20/2008
      OBJECTION TO DISCHARGE DUE: 4/21/2008
      DISCHARDGED & TERMINATED:4/22/2008

      Comment


        #4
        it is called keys for cash. we did it they offered us 1500 to give keys and be out in 30 days

        Comment


          #5
          Good post.. question... I will be in the same situation here soon... I am going to file a ch 7 and will possible a few months down the road leave my home to move into an apt since I probably will not be able to make payments on the 1st and 2nd mtg... have you kept current on your payments up to this point? Any idea how long it will take to get me out of my house when I stop paying?? CANT wait until this is over.. should have NEVER purchased a house.. WORST thing I have done in my opinion.. nothing but a MONEY PIT and houses in my area will not be going up anytime soon... Wish I could strip the 2nd mtg off some how and still be able to keep the home however was told that than I would have to file a ch13... DONT want to do that... They can just KEEP the house....

          Comment


            #6
            Originally posted by mesa777 View Post
            Good post.. question... I will be in the same situation here soon... I am going to file a ch 7 and will possible a few months down the road leave my home to move into an apt since I probably will not be able to make payments on the 1st and 2nd mtg... have you kept current on your payments up to this point? Any idea how long it will take to get me out of my house when I stop paying?? CANT wait until this is over.. should have NEVER purchased a house.. WORST thing I have done in my opinion.. nothing but a MONEY PIT and houses in my area will not be going up anytime soon... Wish I could strip the 2nd mtg off some how and still be able to keep the home however was told that than I would have to file a ch13... DONT want to do that... They can just KEEP the house....

            We also live in a money pit. And we haven't made a mortgage payment since August of this year. And we are still here.

            Comment


              #7
              Originally posted by mesa777 View Post
              Good post.. question... I will be in the same situation here soon... I am going to file a ch 7 and will possible a few months down the road leave my home to move into an apt since I probably will not be able to make payments on the 1st and 2nd mtg... have you kept current on your payments up to this point? Any idea how long it will take to get me out of my house when I stop paying?? CANT wait until this is over.. should have NEVER purchased a house.. WORST thing I have done in my opinion.. nothing but a MONEY PIT and houses in my area will not be going up anytime soon... Wish I could strip the 2nd mtg off some how and still be able to keep the home however was told that than I would have to file a ch13... DONT want to do that... They can just KEEP the house....
              Mesa-

              We've missed December & January and filed on Friday, January 18th. We have a 1st ($3335/mo) and a HELOC ($1400/mo arm) that we couldn't support along with our growing CC debt. We decided to search for a home early and actually got in with a property management company (before we had several black marks) on our credit report. They approved us but nothing has come up (in a good area) that will allow a dog.
              We decided to go look at a home and the owner was a young man (early 30's) that really seemed to like us. I just turned in our application, last night, with a brief explanation on how we came to file. No mention of the pending foreclosure (I think he'll get the jest of it).
              I, personally, can't sit in this home (that is making me depressed) and get the eviction notice...I need to find another house soon. In California, it could take up to 6 months to formally be evicted for your home. Too long for me. We are going to borrow some money (a relative) a pay it back when we get our taxes.
              CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
              DECLARED NO ASSESTS: 2/20/2008
              OBJECTION TO DISCHARGE DUE: 4/21/2008
              DISCHARDGED & TERMINATED:4/22/2008

              Comment


                #8
                Originally posted by kl030505 View Post
                We also live in a money pit. And we haven't made a mortgage payment since August of this year. And we are still here.
                You mean August of last year??? What sort of action have they taken? Boy, that's a long time...you lender must be tied up with several foreclosures.
                CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                DECLARED NO ASSESTS: 2/20/2008
                OBJECTION TO DISCHARGE DUE: 4/21/2008
                DISCHARDGED & TERMINATED:4/22/2008

                Comment


                  #9
                  Originally posted by dp1969 View Post
                  You mean August of last year??? What sort of action have they taken? Boy, that's a long time...you lender must be tied up with several foreclosures.
                  My last full mortgage payment was Aug 2007.

                  In Sept and Oct we got lots of phone calls and a few letters. In Nov, we received the NOD and soldiers and sailors. That's 30 days. sometime in late december I think they began doing the sherrif sale advertisements. We filed today, which puts the automatic stay into place. They will file a relief from stay in a few weeks, my attorney will file a rebuttal, which will get us a hearing date in 30 days, When the hearing comes, atty will withdraw his motion, relief will be granted, then they have to re-advertise for another 3 weeks before the sherrif sale happens, and that's even if they do everything as quickly as possible. In the end, we will have had at LEAST 7 months in the house I think. Probably 8 or 9, maybe more, we will see. I don't want to stay through eviction, but I must say, the last 5 months with no mortgage payment has been awfully nice. We were able to buy a car in cash for my husband for $3500 (which is exempt) and were actually able to afford to buy a few modest Christmas gifts. By the time the end of Feb rolls around, I'll have an additional $3K saved for moving costs and deposit, etc. I'm anxious to move on, but can;t deny how much not paying mortgage/rent is helping us right now.

                  Comment


                    #10
                    Lenders are swamped. My rental hasn't been paid since 08/2007 and its just now going to a Sheriff Sale in 2 weeks.
                    Talked to my lender and they said they are forming new teams just for foreclosures. Its gotta be crazy..

                    kl030305 Congrats on the filing!!
                    Filed: 01/23/08
                    341 Meeting: 02/29/08
                    Discharged: 04/30/08
                    Closed: 05/12/08

                    Comment


                      #11
                      Originally posted by kl030505 View Post
                      My last full mortgage payment was Aug 2007.

                      Probably 8 or 9, maybe more, we will see. I don't want to stay through eviction, but I must say, the last 5 months with no mortgage payment has been awfully nice. We were able to buy a car in cash for my husband for $3500 (which is exempt) and were actually able to afford to buy a few modest Christmas gifts. By the time the end of Feb rolls around, I'll have an additional $3K saved for moving costs and deposit, etc. I'm anxious to move on, but can;t deny how much not paying mortgage/rent is helping us right now.
                      GOOD FOR YOU!!!
                      Had your "ducks all in a row"!! I wish I had that patience (big down fall of mine). I'm glad your feeling great...you should!
                      CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                      DECLARED NO ASSESTS: 2/20/2008
                      OBJECTION TO DISCHARGE DUE: 4/21/2008
                      DISCHARDGED & TERMINATED:4/22/2008

                      Comment


                        #12
                        Congrats!



                        EP
                        California Bankruptcy Central

                        Comment


                          #13
                          When I file for, I hope, a CH 7 I will probably keep the house for a few months and possibly quit paying just so that I dont get shafted into a CH 13... I will be saving some serious $$$ during this time from when I stop paying to get into another house.. I called a nice apt complex over the weekend and was advised that the bankruptcy on my credit report would not be much of a problem however was advised that once the foreclosure shows up that I would be screwed if I wanted to rent an apartment with them...

                          I am going to file... wait a few months after and not pay the house payments and just save money and take a MAJOR load of stress off my back!! Buying my home on my single income was probably ONE of the WORST financial mistakes I have made, besides a few other ones...

                          Am SICK of this money pit losing more $$$$ on a daily basis!!!

                          Comment

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