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    Need Urgent Help - Trustee Sale Tomorrow

    Nat City screwed me on the hardship assistance/modification process (too much to tell here) but ruled on my request for assistance today (denied) and the trustee sale is tomorrow:

    CAN ANYONE TELL ME HOW TO STOP THE SALE TOMORROW?

    Any tips would really be appreciated and could really save my ass. I'm in Washington State.

    #2
    Umm file for bankruptcy?

    Chapter 13 can propose a repayment plan to repay back owed payments. Chapter 7 would stop it but you would have to bring it current as otherwise sooner or later they would be able to foreclose. Ch7 only stops it so long as the automatic stay is in effect and that can be removed in about a month by a mortgage bank with a relief of stay.

    That or come up with whatever is owed on the house.
    3/2/09- Filed: chapter 7 / No asset
    4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
    4/2/09- Trustee Report of No Distribution Filed
    6/24/09- Discharged and case closed

    Comment


      #3
      DE is right on.

      BK is about the only thing that can stop the process at this point. The sale may be delayed or even cancelled by the bank-that happens all the time. But the only way to halt it for certain is bk. Even then, though, it is a very temporary delay, lasting only until the bank files the motion to lift the stay, which can be quick.

      Have you talked with the bank? They may provide cash for keys to help you move on. I think this is less common nowadays, but it won't hurt to ask.
      11-20-09-- Filed Chapter 7
      12-23-09-- 341 Meeting-Early Christmas Gift?
      3-9-10--Discharged

      Comment


        #4
        If the sale is tomorrow (Saturday??) it is a bit late to file bk. However, perhaps a fast trip to the Courthouse and pay the money, get a docket number and show up at the sale with the receipt and docket. Of course you will get a slap on the wrist for not having your paperwork in but I think it could be pulled off. I am not sure.

        It seems that you would have known this to be coming and the sale far after your news. Are you sure YOU have not procrastinated a bit? 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          You can file an emergency petition, then you have 15 calandar days to follow up with your paperwork. As the others said, it is a bit late. If you have not been planning BK or at least thinking about it, and you jump and file an emergency petition, and don't follow through, you could have more trouble on your hands. You also will probably have many mistakes that could have been avoided.

          I think 'Hub is right; you procrastinated, or at the very least are living in the state of Denial.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment


            #6
            To those who actually offered constructive advice - thanks!

            To those who felt the need to add critical commentary during a very dark time for me even though they have no idea my circumstances or what I did or didn't do - go die.

            Comment


              #7
              Originally posted by hosedown View Post
              To those who actually offered constructive advice - thanks!

              To those who felt the need to add critical commentary during a very dark time for me even though they have no idea my circumstances or what I did or didn't do - go die.
              This is an absolutely amazing post.

              You show up here begging for last minute help the night before your house is to be sold then come back a week later with this kind of attitude?

              Next time don't procrastinate. Now go live....elsewhere.
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

              Comment


                #8
                Well despite your rather rude reply to our best advice I'm still curious to find out what occurred and what prompted a post here the day before it was to occur. Did you have lawyer already or was that the 1st night you got online to look for help?
                3/2/09- Filed: chapter 7 / No asset
                4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
                4/2/09- Trustee Report of No Distribution Filed
                6/24/09- Discharged and case closed

                Comment


                  #9
                  Originally posted by hosedown View Post
                  To those who actually offered constructive advice - thanks!

                  To those who felt the need to add critical commentary during a very dark time for me even though they have no idea my circumstances or what I did or didn't do - go die.
                  Poor planning on your part does not constitute an emergency on ours. So, "eat dirt". 'Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment


                    #10
                    Originally posted by hosedown View Post
                    To those who actually offered constructive advice - thanks!

                    To those who felt the need to add critical commentary during a very dark time for me even though they have no idea my circumstances or what I did or didn't do - go die.
                    I guess I'll never understand the person who has an "emergency", openly asks for help, is provided with the best opinion available on the face of this planet (yes, here at Bankruptcy Forum), and then come back and tell those people to go die?

                    hosedown, I was in the same exact position as you, but I didn't wait until the day before to take action. I was awaiting a modification from my Bank on my investment property... and it actually came through. However, it came through the day I filed for Bankruptcy because they were taking too long and the sale was on Monday (I filed on the Wednesday BEFORE). I would have given you the same advice above... you waited too long.

                    While I didn't decide to use bankruptcy to stave off the foreclosure until a WEEK before filing... I still did so in plenty of time to actually file one. I actually filed a semi-emergency petition myself (having not filed the Chapter 13 Plan until 15-days later).

                    The only reason I'm really responding is so that others who come along understand that a Bankruptcy is not some simple "small claims court" form you fill out while standing at the Clerk's counter. It requires planning and even an emergency filing requires at least a week of time. The attorney I was going to hire, needed 2 weeks to file an "emergency" petition. I didn't have the cash on hand, and couldn't wait two weeks... but then again, it was my fault for not having planned, not theirs.
                    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


                      #11
                      I'd list out my whole situation but some here would just sling arrows because that's their MO. I just do not understand the instinct of some people to kick others when they’re down, especially when they have zero idea of the details.

                      Suffice to say I’ve been working with my lender for months and got the runaround and got terrible, flat-out incorrect information from them that affected my actions and wound up screwing me in the end. And I do mean the END – they rejected my application, submitted months prior, TWO DAYS before the trustee sale after giving every indication that I qualified for a few different options. Had I been through this before I would have done a lot of things differently, for sure. But hindsight is 20/20 and I feel I did the best I could with the information I had at the time. Certainly was not “living in a state of denial” or whatever other jejune, pop-psych analyses anyone cares to make.

                      Now I’ll brace for being banned for going up against the almighty Moderator and her hubby.
                      Last edited by hosedown; 10-30-2009, 08:42 AM.

                      Comment


                        #12
                        Originally posted by justbroke View Post
                        I guess I'll never understand the person who has an "emergency", openly asks for help, is provided with the best opinion available on the face of this planet (yes, here at Bankruptcy Forum), and then come back and tell those people to go die?
                        You read my post, right? Maybe you should read it again. I thanked those who offered non-judgemental advice. I DID NOT tell those people to go die.

                        Comment


                          #13
                          I assume the sale went thru. Have you had an eviction hearing scheduled yet?

                          If you have not had it yet you could ask the judge to give you some extra time as you were in good faith trying to work out a repayment plan and need the time to find a new place to live.
                          3/2/09- Filed: chapter 7 / No asset
                          4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
                          4/2/09- Trustee Report of No Distribution Filed
                          6/24/09- Discharged and case closed

                          Comment


                            #14
                            Originally posted by hosedown View Post
                            You read my post, right? Maybe you should read it again. I thanked those who offered non-judgemental advice. I DID NOT tell those people to go die.
                            I did, I read the entire posting. Trust me... we were in similar circumstances regarding a modification and then being stuck between a sale and filing bankruptcy.

                            I can surely empathize, sympathize and appreciate the emotional strain on people when they are losing their "home". However, when it all gets boiled down... it's only property. As a community (BK Forum), we try, as hard as it is, to get debtors... not unlike ourselves... to remove attachment to property. Some of us come off more coarse and direct, and others are more a shoulder to lean on and sounding board. The information you'll receive here is priceless.

                            I'm just concerned with you blurting out that statement. Even if you didn't direct it at those who offered advice, it comes across as an attack against the entire Forum. I read the posts, and non seemed judgmental to myself. Yes, they made critical observations, but they didn't attack you personally, call you names, or even suggest that you cease to exist.

                            Again, Bankruptcy and losing property can be very emotional. It's best to leave emotion out of the equation when it comes to Bankruptcy.
                            Last edited by justbroke; 10-30-2009, 11:50 AM. Reason: spelling
                            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


                              #15
                              Originally posted by justbroke View Post
                              I did, I read the entire posting. Trust me... we were in similar circumstances regarding a modification and then being stuck between a sale and filing bankruptcy.

                              I can surely empathize, sympathize and appreciate the emotional strain on people when they are losing their "home". However, when it all gets boiled down... it's only property. As a community (BK Forum), we try to, as hard as it is, get debtors not unlike ourselves... to remove attachment to property. Some of us come of more coarse and direct, and others are more a shoulder to lean on and sounding board. The information you'll receive here is priceless.

                              I'm just concerned with you blurting out that statement. Even if you didn't direct it at those who offered advice, it comes across as an attack against the entire Forum. I read the posts, and non seemed judgmental to myself. Yes, they made critical observations, but they didn't attack you personally, call you names, or even suggest that you cease to exist.

                              Again, Bankruptcy and losing property can be very emotional. It's best to leave emotion out of the equation when it comes to Bankruptcy.
                              I can appreciate what you're saying but when you've been working your ass off for months and are in a really tough spot, ask for help and then have some armchair psychologist chime in and tell you you're "living in denial"? That's just messed up. Period.

                              Comment

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