Almost a year out of Bk an look what WF did to me

[RainMoM]

Hello to all.. Well to give as bit of history to my story, I filed Bk in July of 09 I was discharged on 12-23-09 I gave up my home, due to it being under water.. among other things.. I've since moved out and moved on with my life ! The other day I get this knock at the door from a man who drops of a nice little package off from Wells Fargo.. " A notice from the court regarding lawsuit to foreclose mortgages on home"
not the Christmas card I was hoping for lol There trying to sue me for a house that no longer belongs to me, not to mention that they (wells fargo) HAVE THE HOUSE !!
why would they do this after all this time ?

For anyone out there who has a loan with wells fargo, run away as fast as you can !

[tobee43]

well..even if you surrendered the house...the bank is supposed to tell you or keep you informed about the foreclosure....it doesn't mean you owe them anything at all...are they asking you for money???? or just serving the paper??

[RainMoM]

just served the papers..

[tobee43]

just served the papers..

yes, well they do legally have to notify you, or actually should, since the deed is still in your name. but you don't owe them anything...

[RainMoM]

when will they take my name off the deed ? and will this be the last time i hear from them ?

[tobee43]

after the house has gone to sheiff's sale they will finally take your name off the deed. if you are JUST getting served it may be a while before the sale actually takes place. you're in florida and heaven knows are slowly they are doing the actual sales...

[newbie2]

What they did was perfectly legal, as long as they are not asking for money. They still have to follow your states foreclosure laws, and serving you with notice of foreclosure is part of the process. Don't worry about it, unless of course they ask you for any type of payment.

[tobee43]

What they did was perfectly legal, as long as they are not asking for money. They still have to follow your states foreclosure laws, and serving you with notice of foreclosure is part of the process. Don't worry about it, unless of course they ask you for any type of payment.

yes and...or but unfortunately it can take sometime before the foreclosure actually gets to the sheriff's sale.

[Flamingo]

Hello to all.. Well to give as bit of history to my story, I filed Bk in July of 09 I was discharged on 12-23-09 I gave up my home, due to it being under water.. among other things.. I've since moved out and moved on with my life ! The other day I get this knock at the door from a man who drops of a nice little package off from Wells Fargo.. " A notice from the court regarding lawsuit to foreclose mortgages on home"
not the Christmas card I was hoping for lol There trying to sue me for a house that no longer belongs to me, not to mention that they (wells fargo) HAVE THE HOUSE !!
why would they do this after all this time ?

For anyone out there who has a loan with wells fargo, run away as fast as you can !

You need to educate yourself on the foreclosure process in your state. Just cause you walked away from the mortgage and vacated the house did not remove the name off the deed to the house and you are still legally the owner. I am surprised the attorney who handled your BK since you did not reaffirm your house did not explain to you what would occur once you vacated the premises...

[RainMoM]

You need to educate yourself on the foreclosure process in your state. Just cause you walked away from the mortgage and vacated the house did not remove the name off the deed to the house and you are still legally the owner. I am surprised the attorney who handled your BK since you did not reaffirm your house did not explain to you what would occur once you vacated the premises...

CAll me clueless then. I thought once I was I was dischared from my Bk, the house was to be turned over to the bank.. Is there a link here where i can read up on the laws and the step by step process of what happens ? off topic question here, but could I had lived in the house all this time untill the sheriff's sale ?

[RainMoM]

Sorry to go on an on about this, but come to think about it, this is the second time I've got served with these papers.. The first time was back in July 09.. As i look over them, it's word for word .. ??? So why twice ?

[LadyInTheRed]

Sorry to go on an on about this, but come to think about it, this is the second time I've got served with these papers.. The first time was back in July 09.. As i look over them, it's word for word .. ??? So why twice ?

Sounds like you filed your BK after the first notice. Your filing put a stop on that foreclosure. Now they are starting again and they have to start from the beginning.

And, yes, you probably could have stayed in the house until now. But, you would now be arranging to move during the holidays.

[iv65536]

Even if you surrender your home in bankruptcy, the bank still has to finish the foreclosure.

Me? I chose the stay-and-pay, stopped paying the second, and am looking for ways to force the first to accept my proposed terms, which call for a sharp reduction in the interest rate, and to change it from a 5-1 ARM to a fixed.

[tobee43]

CAll me clueless then. I thought once I was I was dischared from my Bk, the house was to be turned over to the bank.. Is there a link here where i can read up on the laws and the step by step process of what happens ? off topic question here, but could I had lived in the house all this time untill the sheriff's sale ?

every state has it's own law...and also every bank has their own procedures...some will have a blanket coverage for insurance while others from what i'm now understanding some do not.

even if you ask your atty.....unless he/she knows your banks process as well as the state process, they will have a difficult time explaining to you that all though you may have been served a summons, it could literary take a year of two or even three before the foreclosed house goes into sheriff's sale. the only way, to expedite the process is, if the bank will do a warranty deed...or some other type of deed in lieu to transfer you name off the deed. most or many banks that hold fha, fannie maes, freddie macs...cannot to that, since they have to go through the process of actual foreclose to recoup those government backed loans. most if not ALL pmi mortgages unfortunately have a process that must be followed prior to reassignment of the deed.

[RainMoM]

Sounds like you filed your BK after the first notice. Your filing put a stop on that foreclosure. Now they are starting again and they have to start from the beginning.

And, yes, you probably could have stayed in the house until now. But, you would now be arranging to move during the holidays.

I wouldn't have minded moving during the hoildays, I would have been able to have saved a ton of money during that time.. I've driven by the house, and looks like the bank has changed the locks, and they mow the yard.. So had I been in the house, would they still have tried to change the locks on me ?