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I filed chapter 13 to save my home. Needed to make one payment prior to first appearance, was told had a 30 day grace period.

Bartow, FL |

Was two weeks in default and then offered the 9,000 to them they would not accept it..this is when they first filed the foreclosure which lasted almost 3 years, I was out of work had 1000 a month coming in & payments were to be 972.according to figures the bankrupt attorneys..Went to court for hearing trustee ask u very little & while explaining who lived in home he corrected me and said u have told me 20 times your son with the prob lived there,anyway my attorney is worried bank wouldnt accept the $ not able to pay it for 2 days,so dismissed it.I could not afford to make a payment to them if i was gonna loose anyway,need $ to move. Can I fight with a foreclosure attorney? What options do i have now and how long will they give me to move? Have myself and grandchildren and daugh there.

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Attorney answers 3

Posted

What you are describing doesn't quite add up if you were represented by a capable Chapter 13 attorney. It is not uncommon for a mortgage company to refuse your initial payment if they don't realize you have filed Chapter 13, but that alone wouldn't have caused your Chapter 13 to have failed.

I would suggest contacting an experienced Chapter 13 attorney to review the particulars of your case to see if your circumstances will allow a viable Plan,

Hope this perspective helps!

Asker

Posted

Because it does not give you enough room to explain the whole situation after three years of dealing with the bank hard to explain in so many words, and the deal is i was in two weeks of default and they wanted it then and after the two weeks they would not accept the 9 grand never heard of it but then again rules are rules, cannot make exception for one and not the other. so i gues if you read through the comments that i wrote u may understand what i meant thanks:)

Posted

The mortgage company will contact you when the home is "purchased back at the foreclosure sale" and give you the timeframe to be out of the home. You should contact the court to determine when the "sale date" is ... this is the date the foreclosure court will set to sell your home. Generally, you would have to be out 15 to 30 days from the sale date. However you should speak to the mortgage company before the sale date to find out when they want you out of the home. Hope this helps, good luck.

Legal disclaimer: This answer in no way creates an attorney-client relationship. The answer requires more facts to be determined before a complete and specific answer can be provided. Reader accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. The reader should contact a qualified attorney in their state to discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.

Posted

"Cash for keys" could be negotiated with a mortgagee. A 3 year-long foreclosure process could permit a mortgagor to set aside some funds for reorganization when the home is ultimately sold. If unable to make the necessary chapter-13 payments to repay the arrearage, discuss with your counsel possible conversion of your case to chapter 7. A bankruptcy judge would likely defer non-bankruptcy-related mortgage disputes to her superior-court brethren; again local counsel could advise.

This answer (as well as our Web site) doesn’t address all facts & implications of the question; it’s general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only and certain facts may be relevant to the San Diego court only; it’s independent of other answers. Seek legal counsel before acting or refraining from bankruptcy/legal action.

Asker

Posted

Thank you for your kind answer and respectfulness. I appreciate it, no one know what is going on and why we are in the postions we are in, and remember it could be anyone in this postion anything is possible, I have to say I have yet to be in this position and I realize that no court cares but what I am saying is that counselors in general and the system should respect the indivuduals and there are exceptions to every rule. I offered the bank the 9 grand two weeks after being in default as stated before they had no idea who the law firm was that was supposedly even representing them. No one could even tell me who they were or where they came from, How would a bank not even know who their legal department was and who was respresenting them on their behalf? Never heard of it. I can tell you one thing whether you care or not to hear it. The original loan was based on my alimony and the wonderful owner of the bank happen to be Bill Hill Griffin's son in law and he was the nicest man i have ever known, He would have never let this happen and would have refinanced it in a minute.Never let it go this far. He even gave me because it was before Christmas and he knew the loan would not go through before then so he gave to me 2 thousand dollars and i told him to add it to the loan and he said return the favor to someone one day when you can do so. What a hell of a guy not many like him are left in this world like that and unfortunatley his death was untimely and here again this also shows you the nature of what a small banking institution will do for one. They are very personable and care, and i know i am on my soap box and woe is me but people there are hard times and the banks need to work with those if they can to save their homes, some people are just not as fortunuate as other and life happens!! So to all of you who really do care keep on doing a good job and Mr, Abrams you seem to be a man of much integrity. Good luck to you in your practice and thanks for your time!!

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