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Re,, Halting of Foreclosure sale..

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    Re,, Halting of Foreclosure sale..

    I recieved this letter from the Mortgage Company Lawyers about the home I had surrendered in my BK, I will just write it as it says on the letter.
    Dear Borrower,
    Your Loan was scheduled for a foreclosure sale between November 26 2008 and January 9 2009. Fannie Mae, the investor with respect to your loan, instructed us to temporily halt the foreclosure sale to provide you with additional time to explore all potential alternatives to foreclosure, which may include the recently-announced streamlined modification program.

    We strongly encourage you to contact your Loan Servicer immeadiately to determine whether you are eligible for various options to avoid foreclosure. Depending upon your circumstances, these alternatives may include,,
    Repayment plan.. an agreement to pay the delinquency over a series of months.

    HomeSavers Advance,, an unsecured loan that cures the mortgage delinquency.

    Modification,, altering the loan terms to cure the delinquency and/or reduce
    the amount of the loan payment.

    Pre-foreclosure Sale.. agreement between you and the loan servicer to sell the property for less than the amount owed

    Deed in Liue of Foreclosure.. a voluntary transfer of ownership of the property to the lender in exchange for the cancellation of the Mortgage debt.

    Again, please contact your loan servicer at your earliest opportunity to discuss these options. If you are unable to reach an agreement with your loan servicer to resolve the delinquency, the foreclosure may be completed after January 9 2009.........

    I surrendered this property in August when I filed and a motion for abandonment was done, the water utility immediately had the water turned off, I had to make a connection between my neighbor and my home to have water and pay him for the usage, as can be summarized I still reside in the property, the present market value is less than one third of the loan value and I have stopped paying since March of this year.

    My idea is to offer one third of what I was paying for my monthly payment to conform with the value from the county appraisers, having read what I have posted any ideas, thoughts, bits of knowledge you wish to impart would be appreciated, thanks for reading, I know its a bit long.

    #2
    First, I can't believe you still have that water problem.

    Second, it's up to you what you want to offer. Whether they'll except your offer or not, is contingent. Since the loan is BK'd, they may be up for all sort of things... but no one here can tell you what will happen.

    If you are that upside down on the mortgage (66%), then I'd walk away totally. Even if they made offers to create an unsecured loan to "cure the arrearages", you're still stuck with negative equity.

    If they don't go for your psuedo-reaffirm-redemption of 33% of the value... walk away. In the interim... stay as long as you can!!!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thats really my intention, yea, I would have to get a Lawyer to deal with the water situation as the County Lawyer said he will not talk with me and my BK lawyer will not do anything as the property has been surrendered, anyway if nothing works out how long after the sale do you think I have to vacate.

      Comment


        #4
        Originally posted by heyu View Post
        Thats really my intention, yea, I would have to get a Lawyer to deal with the water situation as the County Lawyer said he will not talk with me and my BK lawyer will not do anything as the property has been surrendered, anyway if nothing works out how long after the sale do you think I have to vacate.
        Depends on the eviction process. First, you'll usually get a notice to quit/vacate, and very very generally, that gives youy 10 days.

        Then, they need to get a Writ of Eviction, or, in other words, actually proceed with Eviction. Depending on your State, that could take 7-30 days.

        If you don't leave then... the Sheriff will "force" you and your belongings onto and upon the street.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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