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Ch 7 filing with mortgage mod pending

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    #16
    I just read the entire Special Directive. And got all depressed. On the income verification for Unemployment, they check to see if will continue for 9 months, which is a requirement for a HAMP mod. So right now, EUC08 legislation (Emergency Unemployment Compensation) programs were only authorized through November 30, 2010, so no extensions for me due to my filing date as I will not have exhausted the regular benefit by Nov 30 since I just opened the claim in August. Therefore when they check some system at DOL that they use, it will return April 30 as the end date and my HAMP will be denied. Even though it says 26 weeks and then 13 additional weeks, the date that it ends is marked right there as April 30 2011.

    Now if they pass something else to put another extension on it, by the time that happens, I might already be living in a HAMPer, because I'm 60 days late now. I have enough money to pay 1 mortgage payment, which would keep it from going in default while I try for HAMP, but it starts to seem like that might be pissing away what little money we have to survive.

    To add to the insult that is my unemployment, and a mountain of credit card debt, it looks like my husband might be losing his job, as the restaurant he manages is up for sale and so far many of the prospects are Greek families. Generally speaking, (and we fully respect and cheer their right to do whatever they want if they own the business) these families discharge the employees and bring in all their family members. The timing sucks bigtime. It could be weeks or months before we know. So I have no "knowns" on which to predicate any 'what if scenario decision making.' Should we try to get modified and stay or let it all go and find a way to become nomads? (I'm only half kidding!)
    Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

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      #17
      We started our trial payments in Sept 2009 and it became permanent February 2010. I initially started talking to a lawyer in December regarding filing and he suggested that we waited a few months after the mod became permanent to file our Chapter 7. I think he was afraid they bank would say "all bets off".

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        #18
        I tried to do a loan mod with BofA and got the same runaround as tigerman. One week it was one thing, the next person it was something else. My final straw was when, after I'd jumped through all their hoops, I then had to resend my 2008 taxes because it was filed electronically and did not have my signature. I just thought, if it's good enough for the IRS, it should be good enough for you and I just finally gave up.

        Let them have the house - I was in the middle of remodeling and now they can go ahead and finish sanding the wallboard and paint the place. I quit caring.

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