top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

received notice of foreclosure from the court - please help...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    received notice of foreclosure from the court - please help...

    Hello all,

    Our Chapter 7 BK was discharged 9/22/09. Our home was included in the BK and we did not reaffirm the mortgage.

    As much as I've tried to stay on top of this and understand everything, getting these court papers today has come as a complete surprise.

    At the end of last year, we were struggling to pay our mortgage payments due to a high interest rate. In December, Wells Fargo told us they wouldn't modify our loan to a lower interest rate unless we were behind on our payments. So, I let us get behind two months.

    Then, WF advised us to apply for a modification. Twice. I did as they told me to do both times and both times they denied the modification. In May, we got an acceleration letter. I couldn't come up with all the money at once, WF refused to work with us in any way at all. They refused to accept any amount less than their demand. They told me that in about three weeks, we'd get a letter from an attorney asking us one final time for the money. In short, we didn't get a letter asking for the money. We got foreclosure papers instead.

    We want to keep the house. Wells Fargo has completely refused to work with us at all. I had hoped to refinance the house with a lower interest rate after September when we pass the two year mark for our bankruptcy. Our credit scores are at about 680. We are both working and have good (though reduced) income. We have credit cards, but with a zero balances. One car loan and one student loan payment paid up to date. I think we would be a good risk.

    I guess my question is... now that the foreclosure proceedings have begun in the courts, can we still pay the arrearage and stay in the house? Have we lost all of our options? Should I be working to stop the foreclosure, to refinance, or to move?

    As for what we can afford. We can afford this house if we can have a lower interest rate. We are currently at 8.5%. If we were around 5%, I calculate it would save us $300-400 per month and then we would easily be able to afford the payments.

    I'm so confused and haven't felt this low since facing bankruptcy. I thought we were doing everything right. Today we got kicked in the stomach.

    All of this is down to my husband walking into work one day after 22 years (and just about 3 years from full retirement) and finding out that his services were no longer needed. We will never fully recover from this, though we are trying hard.

    I could really use any advice or suggestions any of you might have.

    Thank you.

    sleepless in ohio

    #2
    I'm sorry you're facing the issues you are. As to foreclosure - usually - yes, up until the auction date you can pay all arrears and bring the note current; all actions will cease (foreclosure). However with that being said, since you know your situation best and cannot modify the note / interest rate - I think you already know the answer: you can't afford your house. Even if your interest rate were dropped, unless you can get all fees / arrears placed on the back end of the note and extend the terms out, your payment can still increase quite a bit (escrow, insurance, RE taxes, etc).

    Then you need to think about the "what if's / when's " - you know Murphy's law always comes knockin' at those unexpected times.

    Comment


      #3
      ohio is a judicial state so you can answer the summons and go to court and plead your case with the judge.

      just make certain you read the answer date clearly since they vary from state to state. i would fight it ...and believe me, the judges hearing these cases certainly do not want to put another person on the street. i would plead my case in front of the judge and explain the bank refuses to work with you.

      some judges are actually "ordering " the banks to work with the homeowner...so i would fight it. really at this point what do you have to lose.

      i would answer the summons, make a copy for your records and send it back to the court certified mail.

      best of luck to you and so sorry you have to go through this.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


        #4
        My heart goes out to you......

        I'm with Tobee - drag this out as much as you can.

        As Tobee said, you never know - the courts may order the banksters to work with you. If not, you at least will have lived in the house "rent free" for a few more months, so that you accumulate some $$ for a nice rental if nothing else...

        My best wishes to you and your family.

        Comment


          #5
          Pandora, tobee43, and IamOld,

          Pandora, I know you're right. I just keep thinking that if the bank would lower the interest rate, we would be able to stay. For the life of me, I cannot understand why they do not want to keep us in the house. For eight years we've made on-time payments and were never late until they told us to be late so they could 'help us' with a modification.

          tobee43, I'm trying to contact the attorney who handled our bk, but so far he hasn't returned our phone calls. I've also tried to make an appointment with another attorney, but the two offices I spoke with on Friday said that since we aren't filing bankruptcy, they can't help us. I'll start again on Monday morning. I will plead with the judge or anyone who will listen to me.

          IamOld, yes, I know you're right. I just wish my heart didn't ache so much.

          Thanks to each of you for responding.

          sleepless in ohio

          Comment


            #6
            Sleepless, I know what you mean - believe me, I do.

            Why do the banksters do this? because they're STUPID - yes stupid, greedy, and very very shortsighted - they do NOT care about the people of this (or any other) country - period.

            You may want to look for lawyers who "advertise" foreclosure prevention/debt collection defense

            You also have a great senator, Sherrood Brown - CONTACT HIS OFFICE!!! what do you have to lose - nothing - he's a great guy, and if someone from his office calls teh banksters, they may just listen!!!!!!!

            http://brown.senate.gov/contact/


            Originally posted by sleeplessinohio View Post
            Pandora, tobee43, and IamOld,

            Pandora, I know you're right. I just keep thinking that if the bank would lower the interest rate, we would be able to stay. For the life of me, I cannot understand why they do not want to keep us in the house. For eight years we've made on-time payments and were never late until they told us to be late so they could 'help us' with a modification.

            tobee43, I'm trying to contact the attorney who handled our bk, but so far he hasn't returned our phone calls. I've also tried to make an appointment with another attorney, but the two offices I spoke with on Friday said that since we aren't filing bankruptcy, they can't help us. I'll start again on Monday morning. I will plead with the judge or anyone who will listen to me.

            IamOld, yes, I know you're right. I just wish my heart didn't ache so much.

            Thanks to each of you for responding.

            sleepless in ohio

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X