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    Read and help me, please??????

    I am addicted to this site! I read it everyday. I never get to post because I can never remember my password! I can't find infomation on a similar situation anywhere, I'm not sure if the post is in the right place so feel free to move it if it's not. Thanks.

    Background

    After the death of two siblings within six months one to murder and the other's inability to cope with the situation. We inherited. three small children to raise, funerals to pay for etc... Our family went from four to seven literally over-night. We had two teenagers at home. The kids were 8, 4 and 2 at the time. I felt blessed to have a part of my siblings and proud to be able to be in the postition to "afford" to do it for them. Then I lost my job and the stress of everything nearly caused a divorce aka two households set up financially anyway. No Dads, one totally walked away giving up his parental rights (JERK) and the other living rent free somewhere with bars and locks on the outside!! Anyway we perservered with the small exception of draining everything we had in savings and my 401k ( I know!! ) Credit cards became the only way to survive. People always assume that when a parent passes away their children get survior benefits from SS. My siblings were young one in their 30's and one in their early 20's. Neither worked Not enough ss credits to qualify their childeren for benefits so We have no "help" which is okay. That is just a question answered by me.

    The whole thing happended so quickly, that there wasn't really time to react.I was literally on auto-pilot for two years. I don't even remember my youngest graduating from high school.
    We had never had any problem paying our bills, great credit score we could buy and charge anything we needed blah,blah... credit cards are evil, but without them, I would have had three naked kids that would have been living on peanut butter sandwichs! Haven't used one, let alone applied for one in over a year. Anyway, We were forced to file chapter 7 last winter. Things went relatively smooth,with the help of this forum and a few questions, I didn't worry too much. We were discharge in May everyone went back to work, we were able to get back on our feet everyone is doing great, life was good and I know did the right thing filing. It allowed all of us to move on with one less stress, so we thougt. On pacer it said we were no asset although there was never a trustee report filed, but as of this posting we are not closed we were discharge nine months ago. Our attorney told us not to worry about it, paper work or whatever.

    Well then a few months ago the trustee called personally and demanded that a realtor come and look at our home to see if there was equity (we gave them honest value at the 341) My husband put him off until our attorney got back in town and the guy called a couple more times before he got back. The realtor came and went. Our house is trashed on the inside from not having finances to keep it up, lots of repairs need to be made which aren't going to be cheap before anyone could even think about making a profit. It looks nice on the outside, but stay on the porch if you come over! Now the dude seems to have dissapeared again. Nothing on Pacer added since the end of May.

    We do have equity in our home, not sure how much though? I know it's over the exemption by a significant amount if you go by the internet sites that value homes in our area.

    Question 1 ) Are those sites estimating your home value by average condition and average of what homes sell for in your area? We weren't able to qualify for a home equity loan by the time we thought of it, our credit was THAT bad.

    Question 2) Is it possible to buy out the equity and pay the trustee the amount over the exemption and keep your house? We may be able to do that with the money we have been able to save since and our family's help. All I can find is "you will lose your home". Is it the trustee's decision to take the payment or is it an automatic your outta here, go live under a bridge??

    I know this is long, and kind of scattered. sorry. I just don't like to talk about what happened and if anyone remotely knows us they will know who wrote it, because it was kind of all over the news in our town with the murder and all. The whole house situation has just been buiding up with no answers except, don't worry about it from our attorney and that isn't an option for me. I want answers and I'm about to call the trustee myself!! I have three little ones to worry about.

    I don't ask for anyones sympathy and I'm not a fabulous person for it. I loved my siblings and knew what I had to do reguardless of the consequences. Anyone out there would do the same thing put into the situation. I told my secret because there was just no way to get all the facts of why and how this could happen when your sitting on equity and not using it to save yourselfs.

    Thanks for any in-put or knowledge on my situation.

    #2
    Wow, what a story. I am sorry for you and proud of you for what you did for your nieces and nephews.

    I can only speak to the first question, about the home value sites. Zillow.com is usually fairly accurate and does use comps in your area that have sold that are similar size, age, condition etc. It's the site my atty used, and the only one I use. As far as the inside of your home, if you're talking mess, no matter, but if it's holes in walls, trashed carpet etc. then you're value would be a bit less. But realtors/appraisers don't care about mess, they care about structure. I also know they don't care a TON about upgrades either, you're still only comparable to what is around you, and most importantly what has sold, not what's FOR sale.

    Good luck to you.

    Comment


      #3
      No, actually, Zillow is high. The values there reflect sales, but in our area the most recent comparable sales are approx 10% less than what Zillow shows due to the lag time. Our attorney also uses Zillow IF you do not have access to the recent sold properties via MLS.

      Condition is a major factor. Zillow does not take into account the property's condition.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        Originally posted by brkasajke View Post
        Question 1 ) Are those sites estimating your home value by average condition and average of what homes sell for in your area? We weren't able to qualify for a home equity loan by the time we thought of it, our credit was THAT bad.
        Those sites aren't that great. Zillow has one and Bank of America has one under Tools in the Mortgage section. These are called Automatic Valuation Methods or AVMs. They use recent sales data to come up with "comparables" and make a computerized guess at the current day value (using what's called a model). There are different models and the more accurate ones are, well more expensive to use.

        If you have $30 to spare, I have found that the AVM used by Electronic Appraiser comes in very close to actual appraisal. NOTHING beats an actual licensed appraiser coming and seeing the inside!!!

        Originally posted by brkasajke View Post
        Question 2) Is it possible to buy out the equity and pay the trustee the amount over the exemption and keep your house? We may be able to do that with the money we have been able to save since and our family's help. All I can find is "you will lose your home". Is it the trustee's decision to take the payment or is it an automatic your outta here, go live under a bridge??
        Yes. People buy out the Trustee all the time.

        I'm very sorry to hear about your losses. I had too similar ones, first my dad and then my next oldest brother within a month. While the circumstances were different (both health issues), I empathize with you. You seem to be doing as much as you can for your family and should be commended for it.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          So sorry to hear about all the trouble, I worked in the real estate market, I was a loan officer. Rather than get an AVM get a local realtor to give you a fair market analysis. Avm reports come up rather high it does not take into consideration the condition of the property. When an AVM was ran on my home it came in $15,000 higher than what it was actually worth. Hope this helps. Good Luck

          Comment


            #6
            Yes, definitely get a local appraisal from 2-3 different realtors. Your house is on the line here, so do this right. Your trustee may demand that you pay for an official appraisal - ask your lawyer about that.

            What does your lawyer have to say about this situation?

            And what an incredible person you are for stepping into such an extremely difficult situation and saving your extended family from complete disaster. I so wish that our US culture would reward acts like yours financially instead of paying millions to people who play sports well or create money by duping people - you deserve a million dollars for what you've done. God bless you! I hope this all works out in your favor in the end.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              I wouldn't trust zillow at all, it's very inaccurate. When the market was good, zillow estimated my home's value about $100k too low. Now it lists my value about $100k too high. There are way too many variables that zillow doesn't account for.

              You did a great thing for your family. I would bet that you won't lose your home. Good luck!

              Comment


                #8
                In my petition I provided the tax value from my county auditor's website as the market value. The trustee was okay with that. My lawyer told me that in a Chapter 7 the tax value is okay. For a Chapter 13, they would require me to get a full appraisal. Typically, where I live the tax value is less than the actual market value, but I did have one rental where the tax value was higher than the market value. It has not come into question though.

                Comment


                  #9
                  Originally posted by brokenbuthealed View Post
                  In my petition I provided the tax value from my county auditor's website as the market value. The trustee was okay with that. My lawyer told me that in a Chapter 7 the tax value is okay. For a Chapter 13, they would require me to get a full appraisal. Typically, where I live the tax value is less than the actual market value, but I did have one rental where the tax value was higher than the market value. It has not come into question though.

                  Where we are in South Fl the tax value is 20% HIGHER than the fair market value!
                  Filed CH 7 9/30/2008
                  Discharged Jan 5, 2009! Closed Jan 18, 2009

                  I am not an attorney. None of my advice is legal advice in any way..

                  Comment


                    #10
                    I never thought about getting our own apprasial. I thought you were at the trustee's mercy.

                    I wouldn't be so concerned if the trustee weren't acting so odd. NOTHING for nine months, then out of the blue he wants to send a realtor, the realtor comes and here we are three months later and NOTHING!


                    Thanks so much for the help and kind words. I am nobody special, I've gained much more than I've given. They make everything OK and I've learned that whatever it is and however it comes, I can do it. That is as long as there's enough money in the bank for a Happy meal!

                    Comment

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