Minny's Problem - Help!

[Minnymouth]

Some of you asked that I post the information regarding my problem with my Chapter 7. I started a new thread to try to keep all of it under one thread.
For those of you that have not read about the problem there are also postings under Todd - Question???

My Chapter 7 is "ONE FOR THE RECORD BOOK"!!!!

Any input would be greatly appreciated.....

And to those who have "felt for me" - thank you so much! Its nice to know others care!!

This is my case:

Minny

[djt]

There I was complaining about a clerical error leading to a motion to dismiss my Chapter 7 case due to a clerical error, but I now see that your situation is exponetially worse than mine. I'mnot an attorney, but it would seem to me that someone (title company, mortgage company, or trustee) is liable in this situation. I couldn't see a jury in America that would allow someone to take away your home through no fault of your own, especially when these are professional people. It's just not right.


There has to be a way to fight back. Have you contacted your state and local representatives, the media, etc? Some lawyer looking to stick it to the system would probably love to take your case.

I wish you nothing but the best of luck, and I am terribly sorry that this has happened to you.

[Minnymouth]

I can file for a Motion to Reconsider or a Motion to Object to Judgement...... but have been told will probably be in vain. Courts only interested in whether there is a "lien" or not!!!
Yes, its WRONG..... and yes I can file suit against parties involved. But still won't save my home unless we can get it back at auction. My lender (backer) has limited funds we can use at auction.... So we may not be able to bid extremely high on it. At least "my gracious friend" is trying his best to help me. Hope his efforts aren't in vain.

Yes there will be law suits, MARK MY WORDS, READ MY LIPS - I WILL GO FOR BLOOD...... if I loose my home completely because of "clerical errors" the court refuses to acknowledge!!! Or may not even know about.......! When the trustee went to court to take my home, my lawyer made sure he didn't answer the Adversary Complaint (without my knowledge) and thus I did not get to appear in Court in my defense.
I'm sure the Trustee told the judge - this woman has an asset - i need permission to sell it. Judge GRANTED. Probably a 2 minuute session in court.

I'm on the phone today, searching, calling, trying to find out the best route to take.

Many say - let it go to auction. May be able to buy back cheaply. Mortgage Company is planning on setting the bidding high.....to start. My leave me out of the bidding all together.

Thanks for your interest in my problem, and yes you have your problem also. Hope you get it straightened out real quick and things turn around for you. Nobody NEEDS THESE KINDS OF HEADACHES - they are stressed out enough as it is having to file...

Thanks a bunch,

Minny

[Kam]

Minnie,

Wow. I would surely talk to some newspapers about this. I would definitely file this with the bankruptcy court. Are the US Trustees the end all in the process? Surely *they* have to be held accountable to someone?

I think publicity would work well for you. I mean who likes having their dirty laundry aired? I would definately complain to the Attorney General's Office, the Better Business Bureau, the state's attorney board, the insurance board, anyone and everyone. I would complain to the banking board, I mean all of these companies are accountable to someone. I would definitely do my best to make sure your attorney never practiced bankruptcy law again. It would be *really* interesting to see whether he's screwed over other people as well. I would find it hard to believe that you were the only person he's screwed over in the 20+ years he has been practicing.

This really blows my mind how this could happen. I would go for the jugular.

[pink_amulet]

I'm sorry Minny you are going through this, I don't know what to say, this is horrible what you are going through. I will keep you in my prayers.

Hugs,
Jessica

[Minnymouth]

I firmly do not believe the Court knows the "facts"......
In my research I have found 1 other case in Michigan, but the homeowners name WAS on the title. And yes the Court did take it. In my case my name is NOT on the title and had never been transferred!!
Oh yeah, It's a mess I have been fighting now for 16 months.....
I may file my motion pro se, but I have to fire my attorney to do that I'm told.
I'm not a stupid woman, took Business Law and worked for a lawyer years ago. And I feel that I could represent myself better than my lawyer has. Really have nothin else to loose.

We're trying to get the attention of tv, somebody, but I probably need to the file the Motion first and wait it out and see if the judge grants a new hearing.

Talk about problems, huh!!!

Minny

[deepindebt]

Minny I am very sorry for what the trustee, bk court, mortage company and others have been putting you through!! I feel your pain and heartbreak and I am truely sorry for what you have gone through.

Just remember, you have been kind in replies to my posts and it takes a great person to give advice when you are living in a hell of your own. I think you are a great person and keep your head up.

Keep trying to get your home back. I wish people would admit when they are wrong instead of trying to cover it up at another persons expense.

God bless you Minny you will be in my thoughts and prayers!!

[FoolAndHisMoney]

Certainly the court of public opinion is standing in your corner. Have you contacted any of the major TV networks? This is a 20/20 story if I've ever seen one. Have you contacted your local congressman, state assembly rep., etc? They don't like bad publicity in their districts and maybe you representative can assist in some way. Let them help you and one November just plug a radio commercial for them. Are there any lawyers willing to do Pro bono work due to your low income? This situation is huge since it seems like it's unprecidented.

Best of luck to you!!!

[Minnymouth]

Yes, I'm working on things today. Many tell me to file the Motion to Reconsider and see if that works.
If not then I am ready to take it to Nat TV if I have too. Done prepared sheets for 20/20, 60 Min, and Dateline.

What amazes me, they'll sell it back to me at full appraisal value if I want it......... DUH - wasn't my clerical error!!!

Why should I have to 'BUY BACK' my house at full appraisal value because of someones clerical error 8 years ago.

Would be buying it all over again. STUPID!

I've got t "will" - now if I can just find a "way"....

Minny

[Minnymouth]

UPDATE - UPDATE - UPDATE

Was told a few minutes ago by my attorney that I CANNOT file a Motion to Reconsider, nor can I file a Motion Objecting to a Ruling by the Judge. Both options I heard were open to me yet.

My attorney said "going to auction" that's the way it is!!!
No Private Sale will be considered now....

Never heard "sorry lady, or anything".

Hung up talking to him and Auctioneer called wanting to do his appraisal.

LIFE SUCKS!
NOT A GOOD DAY!!

Minny

[Minnymouth]

Fool and His Money,
Well, you mentioned talking to a Congressman or State Assemblyman!!!!
Well, gotta problem there with that. One of the people involved in this is a politician presently serving... He is a owner of one of the businesses involved.

Since I am not "one of the good ole boys" going to a Congressman or Senator will not help my situation any.

Minny

[MRDEBTSTER]

Minny,
May I ask what the appraised value of your house and propety is?

[quest42]

Guidelines for Legal Services == THE ROSETTA STONE for pro per BK!

http://www.canb.uscourts.gov/canb/Documents.nsf/4d60469b5bf702148825671d00666477/2847d24e8ff35efd88256fc70067e257?OpenDocument

13. The attorney, as appropriate and necessary, where requested by the debtor: a.negotiates with a secured creditor to confirm the enforceability of the security interest and the redemption value of said security; b.files a motion to set the value and redeem said security; or c.negotiates a reaffirmation agreement having fully advised the debtor of the legal effect and consequences of the agreement and any default thereunder, including the possibility of a future deficiency claim against the debtor, and being persuaded that such agreement represents a fully informed and voluntary agreement by the debtor and does not impose an undue hardship on the debtor or a dependent of the debtor.

http://www.canb.uscourts.gov/canb/Do...7?OpenDocument

[Minnymouth]

My doublewide mobile home and land appraise at $59,000 at the present time and it is 10 years old. Many improvements to the property, garage, landscaping, etc.
On the market it would list approx $65,000 - $70,000 right now. Appraisal is lower to to storm damage not repaired yet.
I lead a simple life, in a simple home which I have spent 8 years improving.
Bank will loan $58,000 on it.


Minny

[Minnymouth]

A friend of mine discovered last nite that my attorney did not reaffirm on ANYTHING in my petition. That is why I was not asked about reaffirming by the Mortgage Company. My attorney had me hand write my petition, but he did not fill out his forms like I listed mine. There is no mention of reaffirming in my petition at all that was presented to the court. Also my attorney did not tell me that I had to reaffirm or redeem BEFORE DISCHARGE. Nothing was told to me about that, and he knew I as reaffirming on my home/land.
Needless to say, he has some questions to answer when I go for his throat in court.

Minny