LearningasIgo

Members
  • Content Count

    280
  • Joined

  • Last visited

Community Reputation

10 Good

About LearningasIgo

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    Florida
  1. Pro Se and pure relief. Most people wait far, far too late to finally file Bk. Even though the handwriting is on the neon wall, most people refuse to read....
  2. There's a lot an individual can do, depending on his or her mindset, attitude, and willingness to engage. First and foremost, challenge. Make them prove everything. Participate in discovery. Make them produce the note. Have them verify the custody of chain of title, if there are assignment gaps. Question the "signature" of the affiant (many have been bogus, lately). Were payments credited properly? Was the Truth in Lending Act adhered to? Any hidden fees? Who actually owns the mortgage? Who are the investors? Research. Lenders make mistakes. Lawyers representing lenders make mistakes.
  3. The Mortgage Forgiveness Debt Relief Act and Debt Cancellation Check out what is stated about the form 982. Personally, I wouldn't pay a JDB no way, no how...and especially when they exposed such a weak hand....
  4. You have 60,000 plus CC debt, medical bills, and no money. It's BK time.
  5. Try this: The Mortgage Forgiveness Debt Relief Act and Debt Cancellation "Qualified principal residence indebtedness: This is the exception created by the Mortgage Debt Relief Act of 2007 and applies to most homeowners. Bankruptcy: Debts discharged through bankruptcy are not considered taxable income. " I believe that Methuss has it correct....
  6. http://www.nytimes.com/2012/04/03/opinion/nocera-why-people-hate-the-banks.html?ref=opinion
  7. If I understand this, you owe your cousin a debt. If you list that debt in the BK and obtain a discharge, you no longer owe that debt to your cousin. Might want to skip the Thanksgiving gettogether, though...
  8. I can't think of any reason to continue paying any bill like a CC if BK is around the bend.
  9. Yes, I see where that interpretation is viable. The interpretation I was workig with was that the OP had to leave because of the inability to meet the mortgage payments. If that's the case, go through foreclosure. And save, save, save....
  10. Top five states with longest timelines to foreclosure: 1. New York, 986 days 2. New Jersey, 974 days 3. Florida, 748 days 4. Maryland, 594 days 5. Connecticut, 584 days Source: RealtyTrac Why a "short sale"? If funds are low, then staying put and fighting the good fight seems well worth the effort. Above all, investigage the pros and cons, first.
  11. From my personal experience, bankruptcy was the preferred choice. The money spent, 299.00 plus about 40 bucks for the online classes, was well worth ending the problems. At least a BK7 has a time-frame of 10 years, whereas judgments can go to 10 years and beyond, most states allowing a renewal for the same time period of 10 years or so. A 10,000.00 judgment could become, easily, a 100,000.00 debt in the future. And then, there's the "possibility" of windfall. A windfall, those creditors could come after, so DON'T win the lottery. Of course, if a person is truly judgment proof, nothing overtly bad happens. But if a "fresh start" is wanted, BK7 is a good choice. And personally, I didn't want to have the creditors' harrassment continue. That gets old, and I'm too cranky. In addition, a simple BK7 has no need of an attorney. The forms are free on the Fed Courts' websites, and it's essentially just filling in the blanks, with many of the forms non applicable. I did not obtain an attorney, and I do not know of anyone who did. Four people I know, including a 70+ year old ex-librarian, filed pro se, too. If a person feels he or she needs a guide, for less than 20 bucks, there are "how to file BK&" to be purchased, even in E book formats.
  12. About $250.00??????? To me, this would be a "by hook or by crook" scenario. Somehow, some way, that kind of amount seems payable....and worth paying rather than the problems of not paying. I realize that the amount of $250.00 may be relative....but nowadays, 250.00 tain't much....
  13. "Having a BK on record" is relative. "Suffer" is a bit strong.
  14. While this may be true in a technical sense, in the practical sense the CA is rather independent as to its methods. Your scenario applies more to an "in-house" situation, not to the charged off/farmed out variety. For example, a charged off Chase debt, farmed out to a Hannah and Asscociates, will be on a contingency basis. Chase, for all practical reasons, are out of the picture. Call up Chase and Chase will say as much. When a Chase solicits a Hanna, the object is to be free of the process, the aggravation, the time consumptions, and the resultant costs. At this point, Chase is not a on-the-ground major player in the collection processes; therefore, my interest would be on Hannah. Hanna, the CA, is under the Fed laws. Regardless of whether Chase validated unsolicted, I have a definite interest in still requesting that Hanna, who's governed by the federal laws, produce validation. Unless the validation from Chase came via the offices of Hannah, then I give little merit to the validation. I don't know for sure if this is the Macy scenario or not. But, my reading of the fed requirements suggests nothing about validation being satisfied directly by an OC who was not asked to validate. In fact, the OC would not be covered. It would still be the CA that is responsible for validation of some sort, even it it was a conduit. But it would need to be the conduit, in my opinion, if the request was directed at them. Again, my opinion from my experiences.