just received letter for Foreclosure Mediation program

[Cherinfo]

Letter states from Oasis Alliance Corp (Approved by court) that in an effort to resolve our Foreclosure before a final decision is rendered by the courts, a mediation session can be scheduled. What should I do? Should I answer and set up an appointment? last payment was 05/10 want to just walk. IIB both 1st and 2nd mortgage. Too far behind and too far upside down.

filed chapter 7 09/20/10
received Lis Pendends 10/20/10
stay lifted 11/10/10
Discharged 12/21/10
Received Foreclosure Mediation request 12/23/10

[tobee43]

your bk was discharged 12/21...but did you also receive the order of no asset distribution and release from the estate from the trustee??

i'm just wondering if you bk is still open and the bank is attempting to negotiate with you for some reason...but your atty, if you had one should have been notified directly.

also, i know we had been in contact with chase after our discharge and close ...we had actually surrendered the property in the bk....and now chase wanted to know what we were going to do??? LOL...we hadn't lived at the property for 2 years and they the bank even had changed the locks but NOW wanted to know what we wanted to do??? they are nuts.

sounds to me like a last ditch effort to get you to sign or reaffirm the mortgage...you do not way what you did in your actual bk...but if i had no intention of staying or wanting to keep the property i wouldn't touch it with a ten foot pole.

good luck and keep in touch to let us know how it works out.

[Cherinfo]

your bk was discharged 12/21...but did you also receive the order of no asset distribution and release from the estate from the trustee??

i'm just wondering if you bk is still open and the bank is attempting to negotiate with you for some reason...but your atty, if you had one should have been notified directly.

also, i know we had been in contact with chase after our discharge and close ...we had actually surrendered the property in the bk....and now chase wanted to know what we were going to do??? LOL...we hadn't lived at the property for 2 years and they the bank even had changed the locks but NOW wanted to know what we wanted to do??? they are nuts.

sounds to me like a last ditch effort to get you to sign or reaffirm the mortgage...you do not way what you did in your actual bk...but if i had no intention of staying or wanting to keep the property i wouldn't touch it with a ten foot pole.

good luck and keep in touch to let us know how it works out.

I received a discharged that states the debtor is granted a discharge under section727 of title 11 and the estate of the above named debtor has been fully administered . IT IS ORDERED THAT" the trustee is discharged as trustee of the estate of the above-named debtor and the bond as pertains to this case is cancelled.
-The chapter 7 case of above named debtor is closed.
-Done and ordered 12/21/2010

[tobee43]

did you reaffirm the mortgage...because you are GOOD to go and FREE on your BK.....

these banks are just too much!!!! too little too late!

now they want you to keep and sign your life away for the house!

i really do not totally understand when you say court approved...which court is that????? if it's the bk that makes no sense whatsoever if your bk is done.....

[Cherinfo]

did you reaffirm the mortgage...because you are GOOD to go and FREE on your BK.....

these banks are just too much!!!! too little too late!

now they want you to keep and sign your life away for the house!

i really do not totally understand when you say court approved...which court is that????? if it's the bk that makes no sense whatsoever if your bk is done.....

The state of Florida 5th Judicial Circuit court signed an administrative order on May 28th 2010 ordering all foreclosure cases to receive free mediation sessions in an effort to resolve foreclosure cases before a final decision is rendered by the court. To help you and your lender reach a fair, voluntary negotiated settlement agreement... Courts are hoping that cases will be dropped, so they adopted this law in an effort to clear court dockets.

[Cherinfo]

no, I never reaffirmed.

[tobee43]

no, I never reaffirmed.

well we are in the middle district and our property was in another state....so this did not happen to us.

if you didn't reaffirm, i do not know what type of "legal" obligation you would have to attend this meeting with the bank...in light of the fact you do not intend to keep the property, nor want to affirm it.

i would also contact the atty that handled your bk...just to be certain since apparently this is a "new" thing in florida...i suppose it's because of all the inventory the banks cannot get rid of, they'd rather have YOU keep the house than take it back...

[Cherinfo]

I just contacted my bk atty.....she told me to wallpaper my bathroom with the notice.....

[tobee43]

I just contacted my bk atty.....she told me to wallpaper my bathroom with the notice.....

LOL!!!!!!!!!!!! i LIKE her!!! she's hired!!!

[Cherinfo]

Up date.... Help please

Just checked court docket and it now says on 02/23/2011 BORROWER NON PARTICIPATION NOT/ WITH RMFM PROGRAM. Anyone know what would come next and how long. I was discharged and closed in a chapter7 12/2010 home included in bankruptcy. Still in home walking away What confuses me is that no where in court docket does it imply that I was in bankruptcy,discharged and closed. shouldn't it be there somewhere? I am just nervous when the time comes for MSJ hearing. I will not owe anything right? This court will be aware correct?

[justbroke]

The docket wouldn't indicate that you were discharged in bankruptcy. The foreclosure process is separate from the bankruptcy. I'm sure they know that you filed bankruptcy and that there can't be any claim for a deficiency (balance). Even if there is a Final Summary Judgment (FSJ), and the court incorrectly attached fees to it, you can easily file a suggestion of bankruptcy to make sure the court is aware.

I don't think you have issues, and you may be overthinking this. The fact that the lender filed a Motion for Relief from the Automatic Stay (RFS) is indicative that they KNEW that you were in bankruptcy.

Now it's just a waiting game. I would say that it will be at least 3 months before an FSJ is granted.