Help!! FL Foreclosure AFTER Ch 7 Discharge - timeline

[ljadams08]

Hi all,
Here's our situation:

*Filed chap 7 in April 2010 and were fully discharged July 2010. Yea!!
*Both FIRST and SECOND mortgages (Wells Fargo) were discharged.
*We live in FL and are still in the home 'saving money'. We have not made payments in over a year. We have been working with Wells for months trying to get a loan mod only to buy even more time. We are WAY upside down with just the FIRST mortgage and DO NOT want to reaffirm this mortgage! Wells just offered us a very affordable TRIAL payment, no signature required, but the first payment is due Feb 1, 2011. This amount is about what we would pay for RENT around here if we moved out now. No terms were listed for the possible perm mod but I'm guessing there will be no principal reduction...due to our family events in the next 5 months (2 weddings and a graduation!) we would LOVE to move AFTER the events.

Questions:
1. Does PAYING a trial payment reaffirm the First mortgage? There are no signatures required on the trial mod docs
2. If it DOES reaffirm the First, is the second mortgage reaffirmed as well?
3. If we didn't pay by Feb 1st, what is the timeline for foreclosure post BK? How soon can we expect to have to be out of the house?

Thanks so much for ANY insight!!!

[StEt0417]

Have you been trying to get a mod after you were discharge or did you do this before you filed? Just curious cause we hope to huy some time in the. House after wecare discharged

[cory1848]

Have you been served yet? If not, you have a loooooooong ways to go. See my thread on timeline http://www.bkforum.com/showthread.ph...osure-timeline

I can't answer about reaffirming by paying, but I would highly suspect that if you paid, it would cause issues down the road if trying to fight this legally. You would have to contact a lawyer on that.

[despritfreya]

Hi all,

Questions:

1. Does PAYING a trial payment reaffirm the First mortgage? There are no signatures required on the trial mod docs
2. If it DOES reaffirm the First, is the second mortgage reaffirmed as well?
3. If we didn't pay by Feb 1st, what is the timeline for foreclosure post BK? How soon can we expect to have to be out of the house?

Answers:

1. No. You are doing nothing more than making voluntary payments at this point.
2. Since the answer to 1 is "no", this question does not need answering. You did not sign reaffirmation agreements therefore both debts have been discharged. Only the liens survive.
3. Can't answer 3 as I am not in Florida, but I suspect you will have months and months and months if no foreclosure was pending when you filed Chapter 7.

Des.