1) I read somewhere online that a person has to send the lender a letter letting them know the bankruptcy is over and that a settlement negotiation is requested. Is this true, or can I just call them?
2) What department do I call so as to not waste time?
3) I also read that I should give as little personal and financial info. as possible (that they don't need it), it this true?
I would think that they would need this info. in order to understand my financial limitations (borrowing from relatives) and situation (bankruptcy & foreclosure), to hopefully result in a lower settlement offer.
I really appreciate any/all answers.
This is not a fo-it yourself project. You really need to retain the right type of attorney. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced FL mortgage foreclosure defense attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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I agree, this is litigation, in which you are about to lose your home - not a a DIY project. PLEASE do yourself a favor retain a good local FC attorney to attempt to negotiate. If you have little funds, and no substantial assets, you should be able to get assistance from local legal aid - but get a lawyer fast.
Hope this helps.
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If the heloc was included in the bankruptcy you may need to reaffirm the alder but question is why? To save the home? Speak with a knowledgeable attorney so we can run an appraisal of your home from our desk and see how much equity you have. That is the starting pint of the heloc negotiation. Consult today
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I agree you need an attorney. The first question is if you were in bankruptcy was the HELOC not discharged? If you did not complete bankruptcy or reaffirmed, or the lender received stay relief, then your negotiating strategy with saying bankruptcy is limited. The debt is either enforceable in full, part, or not at all due to bankruptcy. Bankruptcy and foreclosure mean nothing to the HELOC, if you do not try to pay them then they will simply foreclose or take their chances if your 1st is foreclosing as most do. If you are in foreclosure you need counsel ASAP.
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