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    #16
    I hope it all works out and she is safe, Hub.

    I like the idea of sending her a brief note, too. There is a lot to be said for the written word.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

    Comment


      #17
      Update to creditor attack while in Stay

      Correction: It was not "Lending Tree" that was the culprit. It is "Springleaf Financial Services" also formerly know as "American General". These are the people who attempted to hide a reaffirmation among our Trustee's copy of our paperwork. Our cool Trustee simply stated "I believe these papers our yours" and handed them to us at our 341.

      My daughter, son-in-law, Grandson, and Ex-wife came over to receive a "gun safety class". She owns a large but small cal 22 revolver, never used. She did quite well and was explained that IF you ever point a gun at a person, you intend to KILL them. Don't point unless this is your intent, then empty the weapon upon him. Don't aim for their legs, but center into the largest part.

      I now have a question. I know this has been a confused factor many times here. She has moved from the house but is keeping up insurance. However, most companies will not pay off if unoccupied. I need a consensus as to the wisdom of stopping insurance. I have been on the pros and cons of this argument. What is your take? 'Hub
      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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        #18
        Hub - you're a good egg I have nothing more to add to what others have posted, but wanted to give ya kudo's for trying to help your Ex.

        Brava..

        Comment


          #19
          Hub:

          I now have a question. I know this has been a confused factor many times here. She has moved from the house but is keeping up insurance. However, most companies will not pay off if unoccupied. I need a consensus as to the wisdom of stopping insurance. I have been on the pros and cons of this argument. What is your take? 'Hub

          i think the insurance will depend on whether the existing company will insure an non owner occuplied premise. at least that is what we ran into in another state. however, IF as you said they haven't dropped her i would think the coverage would continue to be in place. has she notified the insurance company that the premises are no longer owner occuplied? that may really be the key as to how the insurance company would handle any sort of claim against the house. i would also immediately if not sooner post signs DO NOT TRESPASS and ENTER at your OWN RISK....and have someone take pictures. since, for all you know this guy can come a do a slip and fall.
          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

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            #20
            Yes, she notified the company up front that she was leaving the home. Her yearly policy was expiring, so she is paying monthly so far on the advice of her attorney.

            But this goes counter to everything that I learned when trying to get insurance on OUR place in 2009. While we were dealing with repairs to our house, we weren't living in it, but were staying in a little camper right along the side. Several insurance companies would not take us as long as we were NOT actually living in the house. For this and the various experiences that have been written about here on this forum, is why I perked my ears up when I heard about American Integrity Insurance Group. Here is the thread for that:



            We have passed the information along...
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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              #21
              is the coverage only liability?? or is fire??? i would still post the signs since in many states that's enough to cover most any liability issue. after all, trespassing is against the law.
              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

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                #22
                So far there are no signs posted. In our county, that is almost an announcement that the place IS vacant and to check it out. We drove by there Wednesday. There is an across-the-street (actually a dirt road)-neighbor that watches the place, and who's son keeps the place mowed. We met them when we stopped by. And no, we didn't think to photograph, even though we had the camera with us...*sigh*
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

                Comment


                  #23
                  Originally posted by tobee43 View Post
                  is the coverage only liability?? or is fire??? i would still post the signs since in many states that's enough to cover most any liability issue. after all, trespassing is against the law.
                  LOL Yes, so is stealing air conditioner coils, and other things. Guns in Chicago are not legal but the rumor is that some get shot. Good chuckle kid. So pleased to see you chime in. Missed you. 'Hub
                  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.

                  Comment


                    #24
                    Originally posted by AngelinaCatHub View Post
                    LOL Yes, so is stealing air conditioner coils, and other things. Guns in Chicago are not legal but the rumor is that some get shot. Good chuckle kid. So pleased to see you chime in. Missed you. 'Hub
                    me you too hub although busy, i'm trying to check in now on the site daily! miss it and you and everyone so it's good to be "back". i just remembered if i was going to shoot someone on the property i would drag them into the threshold of the front door LOL!
                    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


                      #25
                      Originally posted by AngelinaCat View Post
                      So far there are no signs posted. In our county, that is almost an announcement that the place IS vacant and to check it out. We drove by there Wednesday. There is an across-the-street (actually a dirt road)-neighbor that watches the place, and who's son keeps the place mowed. We met them when we stopped by. And no, we didn't think to photograph, even though we had the camera with us...*sigh*
                      there are a few reasons to posts the signs... i know where we came from it's one of the ONLY "legal" protection and as well as any legal recourse, but florida's not far off.

                      mainly and since, property owners have the right to have anyone caught on their property who isn't invited to be arrested and charged with criminal trespassing. this does not apply to people who have the legal right to be on the property such as mailmen, meter readers or police serving warrants. on the other hand, a salesman would be trespassing.....or the lending tree guy.

                      even in an abandoned building you can be trespassing if you haven't been given permission to enter the building. trespassing as a crime also comes into play when restraining orders are in place. If you violate a restraining order you are also trespassing which can be added to the criminal complaint.

                      a misdemeanor trespassing is essentially a criminal offense but not at the same level of a felony. it also depends on what you're doing on the property. If you're just hanging out with no intention of committing a crime, it is still considered a misdemeanor trespassing offence. if you enter onto a property with the intent of committing a crime and carry out the crime you might be charged for misdemeanor trespassing and felony burglery. again, what is the purpose for this lending tree guy to be there and what are his intentions. with the signs posted i would try to get his plates and get him thown in jail!
                      Last edited by tobee43; 09-28-2012, 01:01 PM.
                      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


                        #26
                        Originally posted by tobee43 View Post
                        there are a few reasons to posts the signs... i know where we came from it's one of the ONLY "legal" protection and as well as any legal recourse, but florida's not far off.

                        mainly and since, property owners have the right to have anyone caught on their property who isn't invited to be arrested and charged with criminal trespassing. this does not apply to people who have the legal right to be on the property such as mailmen, meter readers or police serving warrants. on the other hand, a salesman would be trespassing.....or the lending tree guy.

                        even in an abandoned building you can be trespassing if you haven't been given permission to enter the building. trespassing as a crime also comes into play when restraining orders are in place. If you violate a restraining order you are also trespassing which can be added to the criminal complaint.

                        a misdemeanor trespassing is essentially a criminal offense but not at the same level of a felony. it also depends on what you're doing on the property. If you're just hanging out with no intention of committing a crime, it is still considered a misdemeanor trespassing offence. if you enter onto a property with the intent of committing a crime and carry out the crime you might be charged for misdemeanor trespassing and felony burglery. again, what is the purpose for this lending tree guy to be there and what are his intentions. with the signs posted i would try to get his plates and get him thown in jail!
                        We will be posting such very soon. My only caveat is that once a trespass sign is there, people will know the place is empty. A clean mowed yard is better, but not as the legal item. I must think on this, but I do agree with the premise. 'Hub
                        Last edited by AngelinaCat; 09-28-2012, 03:52 PM.
                        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.

                        Comment


                          #27
                          Sure felt great to read all these comments. Shows that there really is a lot of caring people left....even in this society.....

                          This is daughter of AngelinaCatHub, that went to the rescue of a frantic mother....I of course was glad to get there and ease her fear and anxiety. I did contact the lawyer the very next morning, however, he will be out of office for a seminar until this coming Monday. I discussed all the happenings to the lawyer's secretary, which she relayed to another lawyer in the office. She then called me later to state that this other lawyer was looking up the statute numbers of the laws this mortgage company broke by calling my mom, then physically coming to her new location and banging on her door at night.

                          This idiot left a note taped to her door that on inside of envelope was the company's logo and also 4-5 different ways to KEEP the mortgage by remodification of loan, and other suggestions. This was already mailed to mom over a month ago, and her lawyer did notify them that he was representing her.

                          So they have no excuse to this "urgent" contact, other than a form of force to make her sign something in THEIR best interest. I warned my mom not to sign ANYTHING, talk with ANYONE or touch ANY stranger papers. All this contact needs to be made directly to her attorney.

                          Her court hearing is on the 11th [the 341], can't wait to get this over for her so it can be finalized. I just hope no more attempts are made to harass her. She doesn't need any additional stress and it is just not right by any means to do this to older folks. Monday, I will be calling her attorney to push the need of him to either notify the judge of the events or to have some kind of sanction/fees against this company. It may not help my mom right now, however, it may stop this from happening to the next victim.....

                          Thank you for the kind words and best wishes and I will attempt to keep updating with any pertainent info. (sorry for spelling errors..)
                          Last edited by AngelinaCat; 09-28-2012, 03:58 PM. Reason: broken into paragraphs to make the post esier to read.

                          Comment


                            #28
                            A total surprise

                            Greetings daughter "Mailgirl". A new member (LAZ do I get points?).

                            Here is how I feel: http://www.youtube.com/watch?v=f9aA_fba_To



                            Hub and Mrs.
                            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.

                            Comment


                              #29
                              I sure hope this lawyer puts the task to use. A sanction if not helping "Mom" could help others. Dad
                              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.

                              Comment


                                #30
                                Originally posted by Mailgirl View Post
                                She then called me later to state that this other lawyer was looking up the statute numbers of the laws this mortgage company broke by calling my mom, then physically coming to her new location and banging on her door at night.

                                This idiot left a note taped to her door that on inside of envelope was the company's logo and also 4-5 different ways to KEEP the mortgage by remodification of loan, and other suggestions. This was already mailed to mom over a month ago, and her lawyer did notify them that he was representing her.

                                So they have no excuse to this "urgent" contact, other than a form of force to make her sign something in THEIR best interest. I warned my mom not to sign ANYTHING, talk with ANYONE or touch ANY stranger papers. All this contact needs to be made directly to her attorney.
                                Standard Operating Procedure for American General Finance, now known as Springleaf Financial Services.
                                "To go bravely forward is to invite a miracle."

                                "Worry is the darkroom where negatives are formed."

                                Comment

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