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    341 today

    OK soo that was nerve racking! A big fat slice of humble pie with humiliation sprinkled on top (stale..day old..)

    name was called sworn in ID/SS card given.. answered Q's -not expecting settlement ect..
    ours was about the 4th and the only one with a creditor that showed up

    Mortgage facts:
    about 6yrs ago moved into small home thinking 2-3yrs then move into ideal home and turn this one into rental/investment then BOOM market crashes now we are stuck

    was still planning on staying (reaffirm) in mortgage with BK until I learned that my once appraised 300,000.00 house was now valued at about 125,000.00 and I thought well that would be a lame business decision so decided to ride through but not reaffrim (on petition)

    THEN income dropped even more and auto expense came so we decided we would just surrender it all together. and actually learned that we could rent in a nicer area for our kids in a newer bigger house for less $ so we did not pay the last 2 months of mortgage
    NOW today the one creditor is representing the 1st and 2nd mortgage ( uhhh suprise to see someone)
    he says straight up "when do you plan on catching up the payments you are behind" ($7000.00incl. this mo.)
    ...GULP! (feel minnie mouse voice comN on and heat from stares of room)
    I say "We cannot catch up" "oh (rolling eyes) then what do you plan to do" " we are forced to surrender the house...and actually i did call ### to let them know that i would have to include it in the BK" (he rolls eyes and tips head) "oh really? hmmm"
    (OMG I KNOW I KNOW i am a frckN slaker and I owe you money....)meany

    TT says what was payment? he isn't sure, I say $.... and she says and your income is $... i say yes and she says how come you can't keep the house I say "I just can not afford to" she looks over her glasses at the Bank guy and at me and says "ahh you 2 need to get together and work it out"

    !!! OF COURSE the payment will be about the same as rent. what I really wanted to say is that I cant afford to catch up the $7000.00 and pay the mortgage I have NO money.

    so then I catch up with the attorney in the parking lot (yea like a stalker) and ask if she thinks i should call the TT to clarify because i just said ON TAPE that i could not keep the mortgage because I cant afford it (her thinking the monthly amt) BUT obviously she knows my rent anywhere is going to be the same

    Attorney says no.. don't worry about it

    oh also she asked my DH how he came about the price on his boat. We didn't pay for it (was my dads and DH took it when he died) so we just looked in the paper and other papers that sell stuff and that is what he said
    I hope it was ok.. we thought the appraisel would cost more than the boat
    (small aluminum fishing boat with a little motor that hangs off the side)


    Waiting to hear now...

    I also wonder now if the mortgage people(C.U.) will move faster to forclose maybe even try to lift the stay.. I was hoping for November or more to try to save (have not had money to save yet)
    (default was in april)
    Last edited by fyi2; 07-13-2009, 11:16 AM.

    #2
    Still think maybe i should call TT
    tell her I meant i cant CATCH up.. what will she think on schedule J

    she will have to remove the 1st and 2nd mortgage... how will she know what to put in its place?

    Comment


      #3
      I suppose I shouldn't have a sad purple face .. really I am glad that it is done
      I just wish i would have clarified better...

      I am usually not nervous but ... i dont know .. shame induced nervous.. choked up

      Comment


        #4
        She will probably use the local standards for your County/State.

        Here is a link so you will know the $ amount. Click on your State & then the County.

        Comment


          #5
          Thank you for the Link!

          That is about what i was paying with the 1st and 2nd
          so it shouldn't change schedule J

          more worried about telling her I couldn't afford it and now WALA i am paying the same in rent...

          Comment


            #6
            Ok

            Just forget the long drwn out post and accept my membership
            into the 60 something club for crying out loud!

            Comment


              #7
              welcome to the 60 day club
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment


                #8
                Originally posted by fyi2 View Post
                Thank you for the Link!

                That is about what i was paying with the 1st and 2nd
                so it shouldn't change schedule J

                more worried about telling her I couldn't afford it and now WALA i am paying the same in rent...
                I'm glad the rent is about the same as your 1st & 2nd. The Attorney or Trustee is supposed to use the Local Standards if you are 'in between a house foreclosure and finding a place to rent'. I don't think this issue is a problem.

                If you wanted the foreclosures, let's hope and pray your mortgage company(s) don't drag their feet and take a year or so to close as you should really carry some kind of homeowner's insurance. Why? Because even if it was someone who is a squatter or illegal 'alien' and they get hurt on the property that is in Your Name, you could be liable.

                I would ride out the foreclosure & live there free as long as you can, & keep paying homeowner's insurance. BTW, that brings up another ? My homeowner's insurance is included in my mortgage. Is yours? If it is, you might call your agent and just ask if you are current on your homeowner's ins. & ask when it becomes due. If he says you are not current, I would think seriously about getting that insurance up to date.

                Can't wait to get our 7 filed on 9/30/09. In our case, our Mortgage is $320 more than the local standard rent; however, we are current and want to continue living here & paying our mortgage. I'mm 55 and disabled & tired of moving

                Congrats on the 60 day club!

                Luci

                Comment


                  #9
                  I don't think it's anything to worry about, the TT will probably just use your County/State housing exemptions for your petition. I think it's pretty clear why you want to give it up...it's not worth anything!!! You should have said that you wanted a "fresh start"... Oh well :/ As for the CU moving in fast to foreclose, I wouldn't worry about it, they will need to get a relief of stay, then start the foreclosure which could take a few months.

                  BTW: Welcome to the 60 day club!!!! Here's to an UNeventful next 60 days
                  May 2008 Hired 1st Attorney/Stopped paying CCs
                  May 21, 2009 Retained 2nd Attorney
                  May 28th - Filed for Ch 7 (FINALLY!)
                  9/11/09 - DISCHARGED!!!!

                  Comment


                    #10
                    You probably did answer truthfully, even though you're worried now. Even if you pay the first and the second, what happens when something big happens, like, say the roof (furnace, pipe bursts, etc) needs replaced. With home ownership there are extra costs that are not included each month. Even if you pay the same amount in rent, in the end, you'll end up paying less. We have a leaky faucet in the basement that started about a week ago. We put a bowl under to at least catch the water - hey the cats could drink it. Within the week the water was running down, instead of dripping. Not only is my water bill going to go through the roof, but I'm in trouble because this is an original pipe set up to 1940s. So, my husband replaced a few things (cheap fixes) and that didn't solve the problem. I'm thinking the whole thing needs ripped out and replaced with a new faucet. And even though it'll likely cost a couple hundred dollars with my husband doing the work it still is a MINOR home repair. There are minor home repairs that are constantly popping up. If you don't fix those minor things, they could become major.

                    Comment


                      #11
                      Originally posted by LuciluS View Post
                      My homeowner's insurance is included in my mortgage. Is yours? Congrats on the 60 day club!
                      Yes it is included and it is also with the holder of my auto loan I am worried they will increase my other policys once the BK affect my home ins. I will call them though


                      Luci
                      Thank You

                      Comment


                        #12
                        Originally posted by liz417 View Post
                        BTW: Welcome to the 60 day club!!!! Here's to an UNeventful next 60 days
                        Thank You

                        Comment

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