Having a brain fart.....

[keepswimming]

thanks, tom and john.
we actually had to move four months ago, for husband's job. so the house is empty. and i am on the phone with attorney now. apparently they are still just judgments, not liens. does that change anything? all along i have been sending the copies of these judgments to the attorney, and our real estate agent said there are liens. lawyer says they are judgments.

[keepswimming]

So we will not reaffirm. Filing today!

[tobee43]

thanks, tom and john.
we actually had to move four months ago, for husband's job. so the house is empty. and i am on the phone with attorney now. apparently they are still just judgments, not liens. does that change anything? all along i have been sending the copies of these judgments to the attorney, and our real estate agent said there are liens. lawyer says they are judgments.

after the discharge you just have the atty file a motion to vacate the liens and or judgments...you should be fine.

the liens usually will not pass to another owner if they were "personal" liens or judgments...i.e. your cc card company can't expect to be paid by the new owners. however, there are certain costs with foreclosure fees etc., that can be passed on when and if a house is being auctioned at sheriff's sale.

[keepswimming]

Thanks again. They are credit cards. One of them was used to buy appliances which are still in the house (stove, microwave, dishwasher) and other home improvement supplies. Two others are consumer credit we used for our business inventory. (dumb, i know). Two are citibank and one is menards.
Bank of America just counter-offered (short sale). But their counter was for the amount we owe, not counting any liens. They said we would have to take care of those. I assume there will be another offer from the "buyers" for less, but we will see. In the meantime, I guess we better just get this filed, now that we can. We have also been trying to get approved for the BofA HAFA program that came out Aug 1. We have been exposed to nothing more than the five ring circus act at BofA. We should have been approved three months ago, but still get the runaround. Now I am sure their next little veto will be that we are filing bk so we don't qualify. They are the ones that should be getting sued. They are just rotten to the core.

Anyway, thank you to each of you for help on liens and info regarding reaffirmation questions.

[tobee43]

Thanks again. They are credit cards. One of them was used to buy appliances which are still in the house (stove, microwave, dishwasher) and other home improvement supplies. Two others are consumer credit we used for our business inventory. (dumb, i know). Two are citibank and one is menards.
Bank of America just counter-offered (short sale). But their counter was for the amount we owe, not counting any liens. They said we would have to take care of those. I assume there will be another offer from the "buyers" for less, but we will see. In the meantime, I guess we better just get this filed, now that we can. We have also been trying to get approved for the BofA HAFA program that came out Aug 1. We have been exposed to nothing more than the five ring circus act at BofA. We should have been approved three months ago, but still get the runaround. Now I am sure their next little veto will be that we are filing bk so we don't qualify. They are the ones that should be getting sued. They are just rotten to the core.

Anyway, thank you to each of you for help on liens and info regarding reaffirmation questions.

best of luck to you on your filing!!! you will be just fine!!

and as far a the boa loan mod...well....we did the same with chase and in the middle of the process got served with foreclosure papers...talk about rotten!!!

we surrendered the house after 33 years! best thing we ever did!

[tcreegan]

Hi again keepswimming,

It kinda makes a difference if you had a judgement entered against you....this would have been a court case filed in a local court, you would have rec'd a summons, you went to court or if you just ignored it the creditor would have been awarded a default judgement, you should have rec'd some sort of letter from the court. After you get discharged, you want to have judgements vacated to clean-up your record and prevent any future hassles...you file a motion to vacate/set aside the judgement in the local court where it was awarded. This is separate from the BK

BUT... this might not be the case for you, the credit lines you mentioned might have been secured by what you bought and they filed a lien to try to get their $$/stuff back. (or they placed the lien to collect on a judgement)

Judgements = get them vacated

Liens = tell BoA to eat them along with the house

Hang in there,

Tom in Colo