Minny's Problem - Help!

[nature]

I am so sorry Minny... i sure hope your friends can help you...if i had money i would help you...

[FoolAndHisMoney]

Minny, not that this will cushion the blow, but since your state has a $5000 homestead exemption if the worst happens and they auction your property off will they at least give you this much in a payment? I know it's not much, but it's something.

[Minnymouth]

Fool And His Money,

Nope, no homestead exemption I've been told. My lawyer did not mark it on my original petition. Also found out he did not mark "reaffirm" on my petition either. Courts, Trustee think I gave my home up willingly, no questions asked.
Personally, I don't think the lawyer EVEN LOOKED at my petition, that he just had his girl type it up and file it.
He had copies of deeds, titles, etc. Why he didn't see that the title was not in my name, and no lien existed when he sit there and went over the petition and my paperwork with me. BECAUSE HE REALLY DIDN'T LOOK AT ANYTHING...... he just said sign here, sign here.
Yes, lots is wrong with my case, and I keep finding more things as I keep researching....

Thanks for the moral support Folks, I need it!!

Minny

[dumbpig]

I wish you all the luck in the world. I hope everything goes well for you today.

[Minnymouth]

WELL WHEN IT RAINS IT POURS!!!

Have to cancel my appt with lawyer today. Radiator blew out of one of my cars over the weekend and then this morning my other car - the back brakes locked up when I pulled out of the driveway.

TALK ABOUT LUCK OF THE IRISH..................DUH!!!!

Well, walking isn't crowded, that for sure!!!

Any more surprises out there for me today.....BRING IT ON, I'M READY.............

Minny

[FoolAndHisMoney]

Minny, this is mal practice if I've ever seen it. Yes, there are good lawyers, bad lawyers as with anything in life, but this @sshole did absolutly NOTHING for you. I gather info on this subject every day and they all say "get a lawyer" and they can help out with these complicated issues such as title or exemptions and you did it and this guy did nothing at all.

All I have to say about your lawyer is F_ _ _ Him and the horse he rode in on!

[Minnymouth]

Yeah, I feel pretty much the same about my lawyer. He is the pits - and hopefully there is a "payback" in the future coming at him!!!!

Talk a "RAINING AT MY HOUSE" - well brakes out on one vehicle (can't trust it anymore, stays parked) and now the other has blown a head gasket.........GET OUT THE POCKET BOOK!!!

I'm about to throw the towel in, I'm so tired of fighting things......

All I need right now is to have to buy another vehicle!! And me with 2 that won't run.

I really can't complain about the vehicles though, they are both 20 years old - excellent condition - and now things are starting to fall apart on them. Timing is just very bad right now.

Okay - I'M THRU VENTING AGAIN......

Minny

[AAAArt]

Minnie, Haven't heard any updates from you for a while, so I thought I'd "bump" this back to the front page.
I wanted to let you know that you are in the thoughts and prayers of many of us. Also, at this time of year, it seemed most appropriate to tell you how THANKFUL we all are for your work here on the board. You have, indeed, been a lifesaver to many of us.
May your Thanksgiving Day be filled with friends and love. If I get the wishbone...I'll pull on behalf of you! Art

[bkfiler]

yes i second that! minny you are super helpful to us here and more then that i am hoping that your end results for your home and potential lawsuit will work out in your favor more then ever! we all are pulling for ya!

[Minnymouth]

Thanks Folks,
Nothings changed on home situtation. Still goes on auction block on Dec 3rd.
Auctioneer contacted me, was very nice, said he saw what they had done to me and told me he didn't approve of their tatics. But still doesn't change anything.

The bank is planning on getting it back (cheap) and then reselling it all at full market value..... make their money all over again, plus what I've paid. They even paid the insurance on it I was told...... and they have no interest in it for over a year now.

I know they will be bidding against us. Someone else is bidding for me so I won't be involved.

Thanksgiving will be just me and my girls (the dogs) this year. Family is all in Ohio and my vehicles have been tore up and recently repaired so don't trust them.

A lot of my friends are going out of town also..... Soooooo,
me and my girls will build a fire in the fireplace, watch the parades, football game, and cook a turkey all our own to enjoy.

May be my last Thanksgiving in my home so maybe it was meant to be this way - a quiet one.....

It's 10 days till all goes to "auction"..........

Yes I'm nervous, a little depressed, and fear the unknown.... but I will be okay......

I usually decorate my home the week before Thanksgiving for the holidays. Then I can set back and enjoy them.

This year nothings been done.....really miss doing it too....( I love the Holidays) - just waiting to see if I have to move out. No sense decorating, then having to tear it all down before the holidays...

What will be will be, and there's nothing I can do about it right now.

NOW - after that auction - ITS LAWSUIT TIME!!!! And believe me when I say my lawyer will be included....

Thanks all of you for your concern, prayers, and well wishes. You have made all this a lot easier to deal with...

Just hope and pray my friend can buy it back on auction day so I can stay in my home....even if I have to rent from him for a while till I can buy it back.

Thanks folks for all the moral support this past 18 months.
Couldn't have made it without you....

Minny

[Minnymouth]

UPDATE - UPDATE - UPDATE

This afternoon the other girl in our office who filed BK and they are taking her car over the title on it had a meeting with her lawyer this afternoon.

Since her car title was unperfected - she mentioned the unperfected title on my mobile home to him and told him she worked with me.

HE IS A TRUSTEE ALSO but also file bankruptcy cases too ................ AND YES, HE KNEW ALL ABOUT MY CASE...... evidently it is out on the circuit on what happened since it is so rare................

He told her my lawyer had "screwed me over", that there were petitions my lawyer "could have filed" to prevent them from taking my home. He also said that my lawyer was "protecting himself" by keeping me out of court, because if he had done his job, he would have known about the unperfected title before the petition was filed.
And that's coming from another Trustee.......

Got news for my lawyer - he's getting sued right along with the mortgage company and title company....... They created the problem and he helped "cover it up" and all of them are "sweeping it under the table" to protect a politician who owns the title company.

OH YES, it will go to Court, and OH YES - THEY ARE GOING TO PAY............ I will see to that!!! I will not settle out of Court - I want a jury trial........

The mortgage company will "regret" not selling my land back to me and letting me buy my home from the Trustee. The Title Company will regret their (3) errors they so carelessly made on Christmas Eve. AND MY LAWYER will REALLY REGRET he "ever laid eyes on me"!!!
Let's see if he likes "loosing his home"....................!!!!!! Or practice!!!!!!

HE WILL LEARN REAL QUICK - I'M NOT A STUPID LITTLE OLE WHITE HAIRED LADY BORN BACK IN THE HOLLER......

I'm one of the smartest, and most determined women he will EVER MET in his lifetime.........

FIRST THING IS GET MY HOUSE BACK, SECOND IS SUE THESE PEOPLE...........

Will keep you posted,

Minny

[bkfiler]

great to hear! whooo hoooo! hope this all works! whoo hooo!!!!

happy days!!!!

[bkfiler]

minny,

it was posted elsehere that "I would suggest talking to a Consumer law attorney near you about a Truth in Lending Act (TILA) lawsuit against the bank/finance company."

keep that in mind

[bkfiler]

minny, also here is another response. please understand this attorney doesnt know your case and only understands partial snapshots of questions to him. he's a really good guy and helps and fights for his clients:

"I was just speculating that possibly the trustee could sell it because the lien may not be perfected, that was just my best guess based on the facts you provided. However, if that's the case, the money owed on the house would be unsecured, not secured, and once the bankruptcy is filed that unsecured debt can be discharged and the debtor (consumer) owns the house with no lien potentially. The value of the house could be more than the "exemption" amount in your state and that could be the basis for the trustee going after the asset. I know it seems like something the attorney should know, but honestly that would be difficult to find out without hiring a private investigator or skip-tracer. Unfortunately, it's up to the debtor to list the legal status of assets. I don't know how the trustee would have found out about the unsecured status of the house though. That's interesting."

i'm just hoping that something will break free and inform you of something that will cause you to win. i'm desperatelytrying for ya!

[brokentex]

Just curious, if you found out about this problem before the 341, why did you just not show up at the meeting and then your 7 would have been tossed out ?

I tried to backout - Trustee said NOPE - tried to get it dismissed - Trustee said NOPE.......... They forced the issue and I had no choice but to continue.....

Tried to do a Chapter 13 and they said no..........I couldn't afford the payments they wanted.

It was a catch 22 - I was dammed if I did and dammed if I didn't.... The creditors could have come in and forced the sale of my home also even if I didn't file BK. They could have forced the BK issue anyways.

So no matter which way I went after I filed - I was DEAD MEAT!!!