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How quickly do cc companies sue you and does foreclosure begin on mortgages?

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    How quickly do cc companies sue you and does foreclosure begin on mortgages?

    We were hoping to file late October, but I think it's going to be pushed back to late November.

    We stopped paying some credit cards in June -- others July -- other August. I won't be able to pay my Sept or October mortgage payments until mid to late November (along with november's payment to bring us current).

    Do I have to worry about credit card companies sueing us before we can officially get filed? Some have been given my attorney's info (retained him late August). Also, in the past, we've fallen 45 days late on the mortgage -- we've gotten a letter saying we had 30 days to work with an approved agency (or something like that). I can't imagine they would start the foreclosure process if we are 2-3 months late -- or would they?

    CC include Capital one, Chase and Kohls. Mortgages with America's Servicing Company (Wells Fargo) and EMC (Chase).

    TIA for any input!!!

    #2
    America's Servicing Co is awful to work with. They will start the foreclosure right away, but 'right away' here is a lis pendens at the 90 day mark. The calls start immediately, LOL. They will not accept partial payments at all - if you owe 2 months, they want both months in full plus late fees etc. Once it goes to the attorney's office then at least the phone calls stop. ASC prefers to foreclose rather than work out any sort of payment arrangement in my experience.

    EMC is much easier to work with, IMO.

    You are probably safe from suit on the credit cards since you are filing next month or within 60 days. Even if they started a suit right away, it could not get through the court system that quick. Capital One has a reputation for going to suit fairly quickly, but they still have to go thru the process
    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..

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      #3
      Capitol one will sue you in about a year after you stop paying.

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