I had a house in Mass. I moved to NH in 2007, and let the house go into foreclosure. I filed Ch 7 in early 2008, and included both my 1st mtg with GMAC, and my 2nd with Citi. I was notified that GMAC sought a Relief from Stay in the Bk proceedings which my atty did not contest. The court granted GMAC the Relief. My bk was discharged in Nov 2008, and I was relieved of obligation for both mtgs.
Two weeks ago I got a package in the mail from a law firm representing GMAC, which listed me along with Citi as defendents. I called the atty and she informed me that Citi screwed up back when I refi'd my house in 2006. I had paid off my HE line and requested it be closed in the refi, but Citi never discharged it, leaving GMAC in 2nd position. This was bad practice on Citi's part, since they kept the line open, and allowed me to use it. (I did tap into it, but about 5 months after the re-fi when I called them and they told me I still qualified for the HE line credit wise and everything was cool. I had no idea it would balls everything up so bad!) In any case, because of all this Citi holds 1st position, and GMAC wants it so that they can proceed with the foreclosure. According to the GMAC atty I am listed on the case because depiste the CH 7 the title to the house is still in my name at the Registry of Deeds. I told her about my bk, and that it had been discharged and gave her my case number.
I then contacted and queried my original atty for the Ch 7 and was told about the Relief from Stay, and that I surrendered the house in the bk, which was what I had recalled. Then he asked if I wanted his firm to represent me in this matter. I thought this was odd since it seemed to me that it would be part (albeit a lingering one) of the original case.
Then the GMAC atty called me a few days ago and said she had researched my bk docs but could not find any record of my surrendering the house, only the Relief from Stay. I gave her my Ch 7 attys number and she said she would contact them.
Today I got another email from my original Ch 7 atty and he informed me that he got a call and email from the GMAC atty, and that in order to handle anything on it I have to agree that his office is representing me. Now, I know this office, and I didn't like them one little bit. I dealt with them because of certain other complexities in my case relating to my then-business but I know that if I say "Yes you represent me" I will be getting billed at $350/hr, including the emails and calls that have already occured. I cannot help but think something is seriously screwy here.
Shouldn't they be able to just tell this GMAC atty "My client did in fact surrender the house, here is a copy of the paperworK" and then it is all done and everyone is happy?
And what exactly are the ramifications of a judgement against me on the filing requesting GMAC be allowed 1st position?
What doc in a bk explicitly says that I surrendered the house? And how the heck do I get it out of my name at the Registry? Do I deed it over to someone? Egads! This is confusing and I really just want to move on. I've worked hard to recover from that mess and we are just starting to rebuild our lives, with completely different priorities and absolutely No Debt!
If anyone can point me in the right direction - I'd surely appreciate it. Thank you for reading such a hugely long post!
Anna
Two weeks ago I got a package in the mail from a law firm representing GMAC, which listed me along with Citi as defendents. I called the atty and she informed me that Citi screwed up back when I refi'd my house in 2006. I had paid off my HE line and requested it be closed in the refi, but Citi never discharged it, leaving GMAC in 2nd position. This was bad practice on Citi's part, since they kept the line open, and allowed me to use it. (I did tap into it, but about 5 months after the re-fi when I called them and they told me I still qualified for the HE line credit wise and everything was cool. I had no idea it would balls everything up so bad!) In any case, because of all this Citi holds 1st position, and GMAC wants it so that they can proceed with the foreclosure. According to the GMAC atty I am listed on the case because depiste the CH 7 the title to the house is still in my name at the Registry of Deeds. I told her about my bk, and that it had been discharged and gave her my case number.
I then contacted and queried my original atty for the Ch 7 and was told about the Relief from Stay, and that I surrendered the house in the bk, which was what I had recalled. Then he asked if I wanted his firm to represent me in this matter. I thought this was odd since it seemed to me that it would be part (albeit a lingering one) of the original case.
Then the GMAC atty called me a few days ago and said she had researched my bk docs but could not find any record of my surrendering the house, only the Relief from Stay. I gave her my Ch 7 attys number and she said she would contact them.
Today I got another email from my original Ch 7 atty and he informed me that he got a call and email from the GMAC atty, and that in order to handle anything on it I have to agree that his office is representing me. Now, I know this office, and I didn't like them one little bit. I dealt with them because of certain other complexities in my case relating to my then-business but I know that if I say "Yes you represent me" I will be getting billed at $350/hr, including the emails and calls that have already occured. I cannot help but think something is seriously screwy here.
Shouldn't they be able to just tell this GMAC atty "My client did in fact surrender the house, here is a copy of the paperworK" and then it is all done and everyone is happy?
And what exactly are the ramifications of a judgement against me on the filing requesting GMAC be allowed 1st position?
What doc in a bk explicitly says that I surrendered the house? And how the heck do I get it out of my name at the Registry? Do I deed it over to someone? Egads! This is confusing and I really just want to move on. I've worked hard to recover from that mess and we are just starting to rebuild our lives, with completely different priorities and absolutely No Debt!
If anyone can point me in the right direction - I'd surely appreciate it. Thank you for reading such a hugely long post!
Anna
Who is in charge of submitting the correct docs to remove the house from being in my name? Any thought on how a judgement re: 1st and 2nd place of the mtg with my name attached will affect me?
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