Hi All, My DH & I filed chp. 7 in 10/07 surrendering our homestead & investment property (invest. prop. was sold in foreclosure sale prior to dicharge), we were discharged in 1/08, two more buy back payments to our trustee, and hopefully this nightmare will be finalized & closed. After a year of preparation and constant struggles with our attorney to act, & communicate on our behalf I feel we are finally nearing the end of this journey. Had I known of this forum, I'm certain the road would not have been so hard.
Here's where we stand as of now. Our homestead with World is at a stand still. They have not done anything to proceed with foreclosure. I am receiveing statements (technically not bills, but from Wachovia now, same account no#) Also at the onset of our filing they violated the stay & proceeded to take out two auto bi-weekly mortgage payments regardless of court notice, my e-mails, calls & letters. Eventually with our Trustees advise (& against our BK att. - at our 341, our trustee directly told us to close our account, & looked at our BK att. and asked her what she was doing about the sitation?)We were only reimbursed for one payment. NOW since the bank has yet to proceed, my attorney is interested in using this missing reimbursement (10 months later!) as a ploy to find out what their intentions are with the property. Why could they be dragging their feet? When I called them months ago, they said they were waiting for our trustee to release the property. Our BK att. say's that not right and they are technically violating the stay/injunction. The bank also filed a claim prior to our discharge. Should we be looking out for any signs or flags of caution now? I'd hate to think my BK att. has been remiss in something. WHAT'S the deal with the 1099 b-c?
At this point we are also currently negotiating my outstanding bills from BK att. We have paid her 4,600.00 to date with another 2,400. 00 due (we signed an hourly contract). She has amended our schedule 3 times without our approval. We agreed to a counter offer of 650.00 if she follows through with World/Wachovia & gets some answers as to their intentions. She recently received an order from the Court to Show Cause (in Sept.) because of excessive fees.
Sorry this is so long
We're grateful for Any help, oppinions or comments.
Here's where we stand as of now. Our homestead with World is at a stand still. They have not done anything to proceed with foreclosure. I am receiveing statements (technically not bills, but from Wachovia now, same account no#) Also at the onset of our filing they violated the stay & proceeded to take out two auto bi-weekly mortgage payments regardless of court notice, my e-mails, calls & letters. Eventually with our Trustees advise (& against our BK att. - at our 341, our trustee directly told us to close our account, & looked at our BK att. and asked her what she was doing about the sitation?)We were only reimbursed for one payment. NOW since the bank has yet to proceed, my attorney is interested in using this missing reimbursement (10 months later!) as a ploy to find out what their intentions are with the property. Why could they be dragging their feet? When I called them months ago, they said they were waiting for our trustee to release the property. Our BK att. say's that not right and they are technically violating the stay/injunction. The bank also filed a claim prior to our discharge. Should we be looking out for any signs or flags of caution now? I'd hate to think my BK att. has been remiss in something. WHAT'S the deal with the 1099 b-c?
At this point we are also currently negotiating my outstanding bills from BK att. We have paid her 4,600.00 to date with another 2,400. 00 due (we signed an hourly contract). She has amended our schedule 3 times without our approval. We agreed to a counter offer of 650.00 if she follows through with World/Wachovia & gets some answers as to their intentions. She recently received an order from the Court to Show Cause (in Sept.) because of excessive fees.
Sorry this is so long
We're grateful for Any help, oppinions or comments.
Comment