Please...someone help me...

[Chel]

I am literally sick over all of this. I don't sleep, can't function. We did a Chapter 13 three years ago November. We have made all of our Trustee payments and we have made our car payment and one credit card to our Credit Union of twenty years. In fact when my car died in November I had no way to get to work and the Credit Union allowed me to get a loan for another car of which I have made all payments on time.

We had done a deal to make up arrears on our house. We couldn't afford them but we did them, our lawyer said it was the only way. We literally went without electricity and food, okay, Top Ramen Noodles for six months in order to make these payments which were 500 above our mortgage payment of 1735. Two weeks before the last payment (which we made) my husband lost his job. My husband has never been out of work so not knowing what was going on in the country, he started looking and applying. I am 54 on Saturday and he is 55. This was at the end of August of 08. Unemployment was 400 a week, we did make some payments during that time to Chase, but some months it was nothing, some full, some half. They won't talk to us due to the bankruptcy. Is that something you tell folks, that you are a pyrhia and no one will talk to you, return a call...nothing? So when I sent in some money I sent in a note as well telling them of the situation. Nothing but they took our money.

Finally, and I'm thankful every day, my husband got a job, and it was 8k less then he had made but it was enough to make our mortgage and our other bills and live on with my part time job, that I had made it through two lay offs. I got a loan from my 401k, which wasn't much 1600.00 and with my husbands first partial check we sent in 2408.00 to Chase telling them we had a job and would be able to make our mortgage payments on the first. They immediately hit us with a foreclosure notice. I contacted our lawyer and their lawyer begging them to help us. They came up with a payment arrangement for the 8k we were in arrears for six months of our regular payments and 2400.00 plus. Who in the heck can do that????

I immediately went to the "Making homes affordable" site and downloaded all the forms, saw that we were eligible, didn't think we could do anything due to the Chpt. 13, and faxed it all in after talking to Chase. I filled out all the forms, faxed them in, followed up with a call asking them what was next and did they need anything else. They said that it would take months due to volume and they'd let us know. This was November 09. In December my husband got offered a better job for a little more money. I immediately let Chase know, and sent in his letter of intent from his new employer. They said they'd let us know. So all this time I have sent in my mortgage payment on the first via Fed Ex that I can do cheap from work. They have cashed all of our checks. When the lawyers came up with this payment that only J. Paul Getty could afford we asked our lawyer if there was something we could do, and he said "no" that we had to do these payments or else. When I talked to Chase I asked that we didn't want them to lower our payments, we just wanted to stay in our home of almost ten years.

For the first time in a year Chase started sending me statements again. I would fill out the coupon each month and send in our mortgage payment and they got it by the first of the month. My husband works nights and I work on an auction block and would call but it would be out of their working hours, so when I got home I faxed them begging them to let us stay that we were making our payments and would. I got a coupon that said discharge, and thought that they had decided to mod our loan. So I sent in Aprils' payment and then noticed, because I watch it like a hawk that they hadn't cashed it yet. I called them, and I can't tell you what hell this has been with my husband out of a job, and boiling water on a hot plate, because for a year we didn't have any propane. Being cold all the time, but trying to hang on and we made our payments. They told me that they were sending back the check, that we had defaulted and they were going to foreclose. I told them that we had filled out the loan mod paperwork back in November, and updated in December when my husband got another job, and what had happened with that? They said..." You didn't send in the Authorization form signed by your lawyer and yourself". I said "NO ONE told me about that!!!" Not you, not my lawyer. They said and this was Jose #R127409 from Chase saying that he was "sorry" that they must have overlooked it. He said that they would immediately fax my lawyer the form for him to sign. I immediately faxed my lawyer that it was coming as I called and got his answering machine and left a message. They got the fax, he signed it, and faxed it to me, where I signed it, woke up my husband to sign it and immediately faxed it not only to the bankruptcy dept. of Chase but Jose had given me his supervisors' fax number and I sent it there too. I also took it upon myself to send in the four latest paystubs from his work, my work, and our last three bank statements as they had our info from November. They told me to call in a few days and they'd let me know if they got it. I waited a few days and they got it on April 19. I asked what to do now and they said to call them every two to three weeks and find out what was going on. Meanwhile on the 16th a bankruptcy judge signed the default.

This is affecting my health, I've survived my husband losing his job. We've made our payments, during his unemployment we sent in what we could but who can go from a year with no money to 1735.00 plus 2400.00 + a month for six months. No one would give us a loan for anything. I faxed a letter to all of them begging them, asking why they didn't tell me about this ONE document, that they just held our documents and did nothing. They said they couldn't call us because of the Chapter 13. Our lawyer said this was our only recourse to come up with this money. And that they wouldn't help us. I sent my letter begging them to my lawyer, to the trustee, to their lawyers. I've not heard or received any word.

I'll die before they take my home. We never had children, my precious mare of 30 years is buried here, my best dog that I lost a few months ago is buried next to her. Think I'm crazy, I don't care but I won't leave them. This is my home, this is cruel.

I'm so tired, I'm having anxiety attacks, thinking I'm having a heart attack, I can't sleep. All I do is cry, I didn't lose my job, we did the best we could during this time. We don't they pick on someone else. We're just a number to them. We are nothing, just bugs to be squashed.

I'm so scared, this is my life. I can't bare it, I can't bare to leave my home and my animals. All because of a document I knew nothing about until last week. Why didn't our lawyer say something, why didn't my loan server, they were sorry it must have slipped through the cracks???

These loan mods are suppose to be backed by our bailouts aren't they, what do I do, this is my life, what do I do. I just want to feel regular again, I just want to be normal again, that's all, just go on with my life and make my payments, stay in my house and never think about Chase or lawyers again. Please someone help me, what more can I do?

Please.

Most Respectfully,
Chel

[AngelinaCatHub]

Chel, your well written heart rendering post still lacks adequate historical information and details that would need to be known in your case.

You deserve a quick response from someone who cares. This is the best I can do for now is acknowledge your plight.

You are either having or on the brink of having a nervous break down. I know, I've been there. I understand all your feelings as symptoms. This will not help you at this time and first you need to get help for yourself so that clear thinking without emotions will be better to handle this business.

What is the value of your house? What is owed upon it at this time? How far delinquent are you currently? Are you still in Chapter 13? Are you current in that payment? Is it still in place or has it been dismissed for any reason?

I believe bk in some form is your only recourse. It will stop the foreclosure temporarily. They will attempt to lift the stay but I think this could reset the clock if you reaffirm the loan? If you present your story to the bk Trustee he may have some influence on this situation. In any case, your lawyer should be able to help you in "some" way. If the house has a lot of equity in it, perhaps you can get a mortgage to pay off this "bad actor" bank and get reasonable terms. There is becoming a glut of vacant houses everywhere and I am sure the banks do not like to pay the taxes as the Counties still insist on their pound of flesh.

I'm going to monitor your thread and I pray more people can jump in with better knowledge as how to help you.

Your first priority is to calm yourself so that your emotional level will be better to handle this situation in a business like fashion instead of a heart breaking disaster. It can be fixed, just how will take some thoughtful action and more information. Perhaps even action against the bank with government backing. (I choke on my last sentence). Even if you have to go to the doctor and get some meds, please stay together or you will not succeed and your husband will also suffer this same fate if he is not already doing so. 'Hub

[jlmaca]

Chel, As AngelinaCatHub suggested, we could use more info. I truly empathize with your plight. The worst part of it all is what it does to your health. Let me tell you from my perspective it is not worth it. I purchased my home in 1983 for $68k. I added some land a few year later for $30k. So I had a total investment of 98k. Over the years I diligently made my mortgage payments and eventually got it down to about $35k. Eventually I almost owned the home. Then came a divorce, I lost 50% equity. Then came family illness and I refinanced and took out $100,000 for medical and to supplement income. A few years pass and more loans, then foreclosure fees etc. and the next thing I know after over 25 years I owe $365,000 on a house that I should own free and clear. The home is only worth $250,000. I have also buried several dogs and believe me I know the the pain involved in loosing them and the emotional aspects.

I had to file for chap7 bk in Oct09. I must move out of the home by November of this year. My wife has moved to a terrific rental with a payment a fraction of the cost of keeping this place. We no longer have to use all of our money to keep this place and destroy our health and well being and our relationship. It was the best decision we ever made. Yes, I will miss this place but it is falling apart because we could not afford to keep it up. I have had a business here for all this time and must move that also.

I would not pretend to have the knowledge or details necessary to advise you going forward but there is nothing more important than your health. Houses come and go and can become a huge trap and destroy your life. It sounds as though the house is doing a good job of sucking you dry and not providing the happiness and security it should. I'm sure as you share more solid details the forum will provide some great advise.

[AngelinaCatHub]

It is a common belief that the house is a home. Not in all cases. Home is where you make your peace, and well being. jlmaca is right and the pictures and memories of those pets are within your heart and portable. You need not put flowers upon dust. Your pets will always exist in memory and love. All things will become moot upon your health leaving you. I am convinced my eight year fight with my lawyer constantly suing us and the stress involved brought on my cancer due to my health failing for stress. Stress kills, remember that.

I have heard and can attest to: "For every door shut upon you, another door is opened". Better things are out there for you. 'Hub

[AngelinaCatHub]

Chel, I note you posted similar posts back in November of 2009. You got some very good advice from Flamingo and others at that time. I even advised you to get the Nolo Chapter 7 book back then. It would educate you on doing your own pro se' work. I see no difference except an inordinate amount of time has gone by and things have not been properly addressed with what information you gave and were given. No follow up at all on what you did to cure your own dilemma even though good info was thrown your way.

You cannot put your head in the sand and wish this situation away, and we certainly cannot stop your foreclosure, so it seems like time itself will cure your house situation. Be prepared to go through the new open door as I believe you house situation may just be too late. I hope others can add better advice but I think you are too late. I hope I'm wrong. 'Hub

[Chel]

"What is the value of your house? What is owed upon it at this time? How far delinquent are you currently? Are you still in Chapter 13? Are you current in that payment? Is it still in place or has it been dismissed for any reason? "

I know that the county has us at 190k, we owe 196,422. We are in arrears of just over 8k. We only got 400 a week in unemployment and I got a little over 200 a week at my job.

Please look at this:

http://www.angelfire.com/co3/fadboo/mortgageint2009.html

We did pay, all we could, and as soon as my husband got a job, I got the only amount I could out of my 401k, which was 1600.00 and with my husbands first partial paycheck we sent in 2408.00 and have paid 1735.27, actually 1736.00 on the 1st since.

We will be in our Chapter 13 of which our payment is 385.00, for three years in November, we have made all of our payments. We pay our mortgage on the 1st and our bills on the 15th, and then my paycheck, we use for feed, food, and gas. Even though my husband is making 8k less then he was before, we have been adhereing strictly to our budget. As you can see from my webpage I made for you guys we did send in payments, as much as we could under the circumstances. We never gave up, you should see the list of jobs my husband applied for during the time he was off. All we ever needed was a job. But with his new salary of 52k a year, you tell me how we could have done six months of 1735, and 2400+ a month. We didn't make that much take home.

They don't talk to you, "you're in Chapter 13, we can't talk to you, we can't return your phone calls." I didn't have an email for them so I faxed them, and faxed them, asking about the loan mod and it comes down to a document that, not my loan servicer, or my lawyer could tell me about? We tried to get a loan, that was a joke. I never had jewelry, my gems are in my barn.

[Chel]

'Hub,

I just now read your last post. You're right, you sound just like my lawyer has throughout this whole thing. I didn't even remember that I posted back then, we made too much money for a chapter 7, for utility assistance, for food stamps at the time of our unemployment, maybe we could have sent in more.

The being out of work for my husband and I was horrifying and paralyzing to me. And now it just goes on. There's nothing to be done.

[AngelinaCatHub]

Thank you for your further information. I understand your love for your place. I am not judgmental, but have you talked to your bk Trustee about amending your 13 and the payments as well as the payments he should be making not you to the mortgage company. The Trustee has the ability to adjust payouts by their preferential rating on his scale of importance.

Is Colorado a Homestead State?

ABA Family Legal Guide
Consumer Bankruptcy
Saving Your Home
What about if I file under Chapter 13-how can I keep my home then?

To preserve your home under a Chapter 13 plan, you ordinarily must agree to continue your lender's lien on your home and to make the required ongoing monthly payments. You must also agree to pay any skipped payments (defaults) through your payment plan. Otherwise, you'll have to turn the property over to the lender.

It is possible that if housing values are greatly depressed, a lender might be willing to lower your monthly payments in order to gain some income and keep the house occupied. But don't count on it

http://public.findlaw.com/abaflg/flg-8-5-4.html

That being said, I applaud you and your spouse for your extreme attempt at doing your best to hold on. I still caution you about the stress and your health as if you lose your health, you will lose everything. That would not be fair to your family or your existing pets. I wish I had a magic answer for you, but my only advice is to bug your Trustee and keep him as friendly with you as possible. Express to him your intense work towards making this work out. If he can realize what you have told this forum, he is likely to press the bank on your behalf for better terms. It won't hurt to try. 'Hub

[AngelinaCatHub]

'Hub,

I just now read your last post. You're right, you sound just like my lawyer has throughout this whole thing. I didn't even remember that I posted back then, we made too much money for a chapter 7, for utility assistance, for food stamps at the time of our unemployment, maybe we could have sent in more.

The being out of work for my husband and I was horrifying and paralyzing to me. And now it just goes on. There's nothing to be done.

Well you know you have many people here and on your side. If anything can be done, there will be some sort of suggestion out of all who lurk just looking and the regulars who might pop up with a good suggestion.

[Flamingo]

Hi Chel - I responded to you back in November. The issue here is you are in Chapter 13 and when I went back and read your initial post and response to my posting to you, your husband was out of work for quite a while and you did not look to revise your Plan at that time and got by by not making your mortgage payments. Now you are up against a wall even with the added income back since your husband has now obtained a job.

The reason the mortgage company is hard to work with is because you are in Chapter 13. Your financial house is under the control of your trustee, not you. Your attorney sounds like he has had it with your situation or is just so overwhelmed with other matters that he may not care and may think you are going to crash and burn no matter what and it appears that is what is going to happen. Part of the problem is your own doing with not revising your plan and not making your mortgage payments when your husband was laid off. Now it appears you just cannot afford to keep your house and I think you know that.

You need to regroup and both of you sit down with your attorney and hash out the entire mess. Your attorney needs to take the time to explain a few things to you and your entire financial situation has got to be gone over again. We all want to keep our homes when we file (major reason most file Chapter 13s) but sometimes it hits hard that you really cannot afford to keep the home no matter what you do. Also, if your anxiety and worry is overwhelming you, a visit to your family doctor can help solve that situation - all you have to do is tell him/her what is going on and that you are having severe financial problems. In order to prevail here, you need to get your emotions and anxiety under control - remember, cool heads always prevail.

Best of luck to you.

[davephx]

Anything new on your status?

Have you applied for HAMP modification program.

Bkk specifically is NOT suppose to be an issue under Treasury/Hamp directives. Since your under Chap 13 probably need Trustees approval .. The permission to talk to you is usually when the stay is in effect.

Regarding HAMP.. Chase is terrible to work with from zillions of reports. You need to know who your loan is owned by. Almost always it is not the servicer and the servicer makes a lot more money in foreclosures than the HAMP incentive. Its the investor that loses and if your loan is owned by a GSE (fannie or freddie) its the taxpayer that takes the loss not Chase.

But different situations depending on who owns your loan. GSE's own about 70% of all 1st mortgages in the U.S. and Fannie has the most.

You can check if Fannie owns at

http://loanlookup.fanniemae.com/loanlookup/

But you have to be able to qualify income wise neither being too high or too low, and some other things but income test is one of the keys.

You take your monthly income (including UC if will last for at least 9 months) x 31%.

This is your "affordable" payment including PITI (inc taxes and insurance escrow)

But this has to be high enough for PI to be amortized at the lowest 2% interest rate for 40 years. I assume your biggest problem is going to be too low income not too high.

Again if you have not been tested for HAMP - after getting the papers do OK to discussion this if you haven't already tried could be your next step.

The problem with Chase and most servicers is your 3 month trial if pass initial approvals may wind up be 8-9 payments as the servicers delay (or are swamped) as long as can since they keep making their service fees.

I fought for a modification for over a year, made 9 trails was denied once and than approved with the help of Fannie. (Citimortgage much easier to work with then Chase or BofA really bad). I got a great HAMP mod - after fighting over a year and fighting to avoid foreclosure sale every 30 days for 9 months.