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Motion for Summary Final Judgment of Foreclosure

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    Motion for Summary Final Judgment of Foreclosure

    Ok. this is for the first of July, I have no money to try to do anything to prevent this from happening, I have a wife and three kids, the youngest being 5 months, due to underemployment my take home per week is $360.00 and my wife is not working due to medical problems, I have tried to get help from the Children and family Div. and been told that I earn too much, I will be out on the street soon and do not know what to do or who to turn to for help with my situation, The money that I presently earn is just enough to live on, I have tried to find a second job but its like looking for a needle in a haystack as no one is hiring, I do not know what to do!!!!!.
    Any advice or ideas would be greatly appreaciated.

    #2
    First, I'm so sorry that you and your family find yourselves in this very difficult place.

    Some suggestions for you....

    If you belong to a church, it's time to turn to them to see what services and supports they may have or can send you to. If you don't belong to a church, then contact the churches in your area, tell them about your situation, and ask for help.

    Get the white pages for your city and in the center blue pages find the numbers and locations of all the city's social services. Call them immediately to see what help they can offer.

    Check with your wife's doctor and/or hospital - they can connect you with community services who can help with housing, clothing, and food.

    Contact the United Way to see what support services they sponsor in your area.

    Angel Food Ministries can be a god-send for getting food inexpensively. Apply for food stamps. See if your city has a soup kitchen.

    Check to see if your city has a company like LaborReady where you or your wife can walk in and pull a job for a day or week. It can help fill in the gaps.

    This is not a time to be prideful. Your family's survival is at stake.

    Notice I didn't suggest that you file bankruptcy. That's because you are currently earning so little ($16,800/year), unless you have significant unsecured debt along with the house that can be wiped out by filing, it's not going to free up enough income to pull the Ch 7 trigger now. You need more income, not less debt.

    Filing for Ch 7 can get you out from owing whatever is left on your mortgage, but for now, you are earning so little, you are essentially judgment-proof. The lender can't get blood from a turnip. You don't have enough income at the moment to worry about wage garnishment. Wait to see how the community social agencies can support you before thinking about bankruptcy. Bankruptcy should be the last thing you consider, and then only if filing creates enough extra income to help you make it consistently month to month.

    Hang in there, and please know that you have a group of friends here who want to help you any way we can. Come back and let us know what you find out.
    Last edited by lrprn; 06-13-2009, 09:04 AM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Are you thinking of filing bk to stop the foreclosure?

      Comment


        #4
        the property was surrendered in a Chap 7 Bk already as it was way upside down and I did not have the money to continue paying the mortgage, my Bk is over and closed, this is the final stage of the foreclosure where they actually get posession of the property to be able to sell it. What I need is advice on what I can do after this happens, who do I turn to for help, are there any alternatives at this point in time, ideas and advice is what I am seeking as I am all out. Thanks.

        Comment


          #5
          One final question, whats the timeline after this motion is approved by the courts?.

          Comment


            #6
            Has the house been listed for public auction yet? Once the house is sold in public auction. Depending on your state their is a redemption period. This time frame varies from state to state.

            Comment


              #7
              No sale date has been set as yet and I live in florida, the motion is for the 2nd of next month. whats the time frame from there.

              Comment

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