Uh oh - Cert letter from mortgage co...

[Freddy03]

There was a note on the door that WF sent us a cert letter on Sat. We weren't home to get it. I'm wondering what it is??? Any ideas?

[Miknan]

What were you doing with your house?

[IamOld]

Oh Freddy, it cannot be good news....

[Freddy03]

What were you doing with your house?

Last payment made June
Filed BK Ch 7
Haven't heard a word from WF since loan mod denied in August
Did not reaffirm
Plan on staying and saving as long as possible

[Freddy03]

Oh Freddy, it cannot be good news....

That's what I thought too - I checked the county court records and nothing has been filed yet. They haven't called or sent regular letters to try and "work" something out.

[Charlie777]

If you filed through an attorney they should be dealing through your attorney. If you're Pro Se they should be dealing with you, but you probably need to have a Pacer account and be checking there. The first step for a mortgage company after a BK filing is to move to lift the automatic stay, which would be reflected in Pacer. They cannot move to file anything in your county unless and until the Stay is lifted.

[Miknan]

Freddy, our time frames are very similar. I filed ch 7 July 17, 341 8-22. I'm still waiting discharge. We are including the house and mort co is also WF. Our lawyer said about a month after discharge the mort co would likely start the foreclosure process. We were thinking we'd be out in May or June. Sounds like you are on that time scale. For me it seems our trustee has other ideas about our house.

[Freddy03]

If you filed through an attorney they should be dealing through your attorney. If you're Pro Se they should be dealing with you, but you probably need to have a Pacer account and be checking there. The first step for a mortgage company after a BK filing is to move to lift the automatic stay, which would be reflected in Pacer. They cannot move to file anything in your county unless and until the Stay is lifted.

I was discharged last week. Can't they start contacting me now?

[Freddy03]

Freddy, our time frames are very similar. I filed ch 7 July 17, 341 8-22. I'm still waiting discharge. We are including the house and mort co is also WF. Our lawyer said about a month after discharge the mort co would likely start the foreclosure process. We were thinking we'd be out in May or June. Sounds like you are on that time scale. For me it seems our trustee has other ideas about our house.

I'm in FL with a very very underwater house. I was thinking/hoping I had a little more time than that. I will hire an attorney to help stale the FC process.

[Miknan]

I'm certainly no expect but this is what I understand from what I've read, I'm very likely wrong.. If you voluntarily include the house in BK it is easier for the bank to foreclose. I don't know what all these motions and court talk is but something you would normall object to which would stall the foreclosure you now have no objection to since you included the house.

[pathfinders]

If you file chapter 7 and surender the home makes 0 difference, still in a judical state go through the process. the BK has othing to do with the fourclousure 2 seperate things.

[pathfinders]

in Mich you have your 6 month redemation. period

[Freddy03]

I did not mark surrender. I did other: it stated something like pay and stay with modification.

[lichteda]

To Pathfinders point... Michigan is 6 months, but... you have 15 days form the date of notice (posted on your door) to send a note to the bank saying you "may" choose not to move out. (I don't know the technical words for it). The bank must wait another 30 days to notify you again. You can continue this until the bank files with the court. Once a judge has ruled for the bank to begin foreclosure... then you have six months. So make sure you formally notify the bank that you still reside at the residence.

[btbeme]

I'm not familiar with FL foreclosure, but I do know that Wells Fargo moves faster than most banks. Here in AZ, it isn't unusual to wait 9-12 months before Chase or BofA get around to a Notice of Default, but I have seen several people with Wells Fargo get notices after 4 months.