Dumb just got dumber.
We filed Ch.7 BK in 2013, including the mortgage in the discharge. We walked away in June and moved into a rental home. The letters started pouring in from Wells Fargo, which we responded with 'the house is vacant, we've moved, we filed BK on it, we don't want it back'. Then letters started pouring in from their attorneys that they're going to take the house back and they want us out of there, then they put it up for auction, etc., and we responded with the same 'we don't care, we've moved, this was a BK house, it's empty, so take it.'
What we didn't know is that after it didn't sell at auction, Wells Fargo sued us in the justice court for writ of possession. They served the empty BK house, purposely I believe because they HAD our new address information. The summons paperwork went under the screen door and sat there unnoticed. I didn't find out until the letter from the court was forwarded to my PO Box that we had missed the date and WF got a default judgment against us.
I don't care that they took the house back. That's what I wanted them to do. My worry is that the writ of possession will go on record as an eviction and mess our credit and rental history up. This was not a true eviction (like, failure to pay rent to a landlord), but I don't know if landlords would distinguish it or even care to ask, just auto-reject an application. I think if it shows up on record it can be disputed like any other credit reporting.
This really chaps me. Once the mortgage was discharged, we should have been able to pack up and leave and never worry about it again. These guys are making this very personal when it shouldn't be.
We filed Ch.7 BK in 2013, including the mortgage in the discharge. We walked away in June and moved into a rental home. The letters started pouring in from Wells Fargo, which we responded with 'the house is vacant, we've moved, we filed BK on it, we don't want it back'. Then letters started pouring in from their attorneys that they're going to take the house back and they want us out of there, then they put it up for auction, etc., and we responded with the same 'we don't care, we've moved, this was a BK house, it's empty, so take it.'
What we didn't know is that after it didn't sell at auction, Wells Fargo sued us in the justice court for writ of possession. They served the empty BK house, purposely I believe because they HAD our new address information. The summons paperwork went under the screen door and sat there unnoticed. I didn't find out until the letter from the court was forwarded to my PO Box that we had missed the date and WF got a default judgment against us.
I don't care that they took the house back. That's what I wanted them to do. My worry is that the writ of possession will go on record as an eviction and mess our credit and rental history up. This was not a true eviction (like, failure to pay rent to a landlord), but I don't know if landlords would distinguish it or even care to ask, just auto-reject an application. I think if it shows up on record it can be disputed like any other credit reporting.
This really chaps me. Once the mortgage was discharged, we should have been able to pack up and leave and never worry about it again. These guys are making this very personal when it shouldn't be.
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