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Urgent!!! Need to stop a trustee sale tomorrow

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    #46
    Your too late for a TRO. Plus, TRO's need cause, you don't have any.

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      #47
      Originally posted by hotmama View Post
      a TRO has to b file by an atty only?
      "Hotmama", I'm not understanding you. I am not hard to get along with, and truly my sympathies go out to you. But it seems you have been trying the cheap route too long now. You could not even get into a Court Room before tomorrow's sale. A Temporary Restraining Order would have to be under an emergency hearing. There isn't even time for that.

      I don't know who your "agent" is, and to date in my opinion, you have not told all, or, enough for anyone to understand your motive or plan. As stated in my cutting post (I apologize, but I was right), your problems have not happened overnight.

      The best I could suggest is be at your Bank or Mortgage company at 8:00 am and open the company with them and plop down all the money (you should have saved) before the manager of the department. Beg his forgiveness and kiss his shoes if you must, and perhaps, and ONLY perhaps, he could stop this sale.

      I doubt it will work, but you have just no time left. Remember going the cheap way, is worth what you pay. I wish you well. 'Hub

      P.S. if you don't think that all of us are not concerned, your single thread is four pages long not counting the others you started, albeit one page of this is your pleads.
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #48
        Folks here do care.

        The problem I think is that you might have not understood Obama's modification plan. You see you can only do it if you have equity in your home. You have negative equity so there is no way to qualify for it.

        There is no way the bank is going to lower what you owe to the current value of the home. They might have accepted a short sale, but no guarantee and you still would have lost it.

        You probably should have consulted a lawyer earlier in the process. Given the late time frame and the deadline it is almost to late. If you could arrange financing you might could actually show up and bid on your own house up to the current value but considering it is going up for auction it is probably not likely you could arrange financing.

        I understand you feeling cheated by the market. However you admit you could have paid all along. How long have you not paid? I suspect it is much longer than 3 months if its going to auction. What did you do with the money you should have paid on the mortgage. Barring financing above for auction where you still might not win, your best bet is to find a place to rent with saved money.

        Next comes the really hard part, even if you were to attend and have financing you will be responsible for any deficiency balance. Which means likely you will have to fill bankruptcy ultimately when the dust settles. I'm sorry for that. I'm not sure anything could have resulted in the outcome you really wanted, I can understand being frustrated about being in a home that you owe more than its worth, there are many Americans that way and within the next 3 years I think they expect a vast majority of Americans to be in that situation. I'm sorry but you'll have to pick up what you got and do your best.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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