My last mortgage pmt was Feb 2010. I was served with foreclosure notice on Tuesday (nice day to be home sick or I wouldn't have been served, oh well). A little over a year after the last payment. In the motion, they stated that I was notified of foreclosure intent, this was not done. They also stated that they were unsure of my marital status at the time of the mortgage. They required a copy of my divorce decree and quitclaim signed by my ex before they would process the mortgage application. They also want money from me.
My answer, which will be mailed off in a couple of weeks, pretty much denies the untruths and points out that the mortgage was discharged in a Chapter 7 Bankruptcy action in May of 2010. And that no money is owed by me, the only thing that they have a claim on is the house. They want to prevent me from getting any equity (which is now extremely doubtful by the time they add all of the non payments, late fees, taxes and attorney fees), I decided to put in there for good measure that $20,200 was exempt per Federal Bankruptcy court. Not expecting anything from that, though. Just wanted to make it clear that I contest them coming after me directly for money, everything has to come from the sale of the house. Which may or may not happen quickly as there are pros and cons to the house. One of the main cons being that it will need a new gutter, the piecemeal jobs that I have been having done isn't holding up and a new driveway. The pro, directly across the street from the school that a kid will attend from K-8.
In the meantime, I may have found an apartment a block away from where I live. I will know in the next couple of days if I am getting it or not. I hope so. I want to move in on July 1, which would put me around the 90 mark. If this gets done that quickly, I have only 10 days to redeem or move out after the sheriff's sale. I can't move in 10 days as I have kids, a cat and some furniture to move. I would like to stay longer to save more money, but I can't risk not being able to find a place in the town I live in. I know what the childcare situation is here, my kids don't have to be the new kids in school. If this place falls through, there is another place, it's a little more money but still doable. And I can take my cat with me, so that is one less adjustment for my kids, especially my son, whose best friend is moving to Tennessee in August because they can't afford to live in NJ anymore. At either place, the rent is considerably less than what my mortgage was. No point in going out and renting a $2k apartment/house, I would be in the same position as I was in before I filed BK.
I am so scared of getting back to where I was before I filed for BK, while I have been doing better with budgeting, it is still a struggle and I don't see that changing anytime soon. Now I have to find a mover, start packing and start throwing things out. I am not going to bother with a yard sale. I simply don't have the time. If I hadn't been served, I was planning on having one over the summer. Now, I simply have to concentrate on moving and finding a place if the two first choices don't work out.
Sorry for the rambling, but this is the first time that I am going through a foreclosure and moving with kids.
My answer, which will be mailed off in a couple of weeks, pretty much denies the untruths and points out that the mortgage was discharged in a Chapter 7 Bankruptcy action in May of 2010. And that no money is owed by me, the only thing that they have a claim on is the house. They want to prevent me from getting any equity (which is now extremely doubtful by the time they add all of the non payments, late fees, taxes and attorney fees), I decided to put in there for good measure that $20,200 was exempt per Federal Bankruptcy court. Not expecting anything from that, though. Just wanted to make it clear that I contest them coming after me directly for money, everything has to come from the sale of the house. Which may or may not happen quickly as there are pros and cons to the house. One of the main cons being that it will need a new gutter, the piecemeal jobs that I have been having done isn't holding up and a new driveway. The pro, directly across the street from the school that a kid will attend from K-8.
In the meantime, I may have found an apartment a block away from where I live. I will know in the next couple of days if I am getting it or not. I hope so. I want to move in on July 1, which would put me around the 90 mark. If this gets done that quickly, I have only 10 days to redeem or move out after the sheriff's sale. I can't move in 10 days as I have kids, a cat and some furniture to move. I would like to stay longer to save more money, but I can't risk not being able to find a place in the town I live in. I know what the childcare situation is here, my kids don't have to be the new kids in school. If this place falls through, there is another place, it's a little more money but still doable. And I can take my cat with me, so that is one less adjustment for my kids, especially my son, whose best friend is moving to Tennessee in August because they can't afford to live in NJ anymore. At either place, the rent is considerably less than what my mortgage was. No point in going out and renting a $2k apartment/house, I would be in the same position as I was in before I filed BK.
I am so scared of getting back to where I was before I filed for BK, while I have been doing better with budgeting, it is still a struggle and I don't see that changing anytime soon. Now I have to find a mover, start packing and start throwing things out. I am not going to bother with a yard sale. I simply don't have the time. If I hadn't been served, I was planning on having one over the summer. Now, I simply have to concentrate on moving and finding a place if the two first choices don't work out.
Sorry for the rambling, but this is the first time that I am going through a foreclosure and moving with kids.