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Everything posted by doc20002001

  1. where did you hear about the program to pay you to get out?
  2. so would i go to the courthouse and file a motion denying it or do i send a certified letter to wells fargo lawyer denying the allegations and then when the 6-3015 courtdate comes i have my attorney present.? what im trying to do is stall from paying the lawyer until june as once i give the $1500 retainer to the lawyer from that point on i have to pay them $300 per month while they fight the foreclosure so we can stay in the house as long as possible so if i pay $1500 next week then come may, june i pay $300 per month so if i file a answer on my own and then retain the lawyer in june i could save $600 in monthly fees.
  3. So how do i answer the summons? it says i have 30days but there is a court date on the paperwork but it is on 6-30-2015. I informed the lawyer but if i dont have to go to court until 6-30-15 i would like to refrain from giving the lawyer any money until say june 15th as once i pay the lawyer its $300 per month after i pay the intial $1,500. can i just send a certified letter to wells fargos lawyers like a debt validation letter. Ive done those before and stalled the lawyer when we had the credit card bills go to the lawyers.
  4. well i just got one of the summons tonight , this was just taht wells was filing forclosure, no court date on it but said i have 30 days to respond. so do i have to do anything with this one? Also i see that my wife is listed on the mortgage but she isnt listed on the note so im assuming that im the only one financially responsible for the 180K is this correct?
  5. I will be served also, i have been checking the county website every week to see when the banks lawyers would get a summons and i found they filed the paerowrk and we already have acourt date scheduled for June 30th 2015 which is good as i was expectiing to be in court by beggining of May. Wells is taking their time so this way i can bank more money until i pay the lawyer. also since my court date, the 1st one is June 30th to respond to the summons, can i go in on the 1st one and say i need a continuance as i need to seek legal counsel, im just trying to stall them as long as possible while a save more money. Im going to check the mortgage paper work to verify. I beleive she is on the deed but not the note as her credit score was to low when we refinanced and definately not on the mortgage as the wells fargo statements i get are only in my name and on the mortgage interest tax statement at the end of the year is only in my name.
  6. My wife and i just had our chp7 bk discharged in dec 2014 and in the BK i also let our mortgage go as part of the BK. My question is since we didnt use my wifes credit on the mortgage and it was in my name, is my wife responsible for the mortgage, she did sign when we closed but it isnt listed on her bk schedule nor her credit report. I just dont want her getting sued for the mortage of $182,000. Oh btw, we are living in the house and already have a foreclosure lawyer we are going to hire.
  7. QUick question since the house/mortgage with wells fargo was thrown into my chp 7 and my credit report shows zero debt as everything has been wiped out when i finally move out of my home will a foreclosure show up on my credit report and if it does how could it if i formally didnt go through a foreclosure before my chp 7 was discharged?
  8. Thanks for all of the responses and i talked to my attorney and " I am not responsible for taxes" so for the commenters that said i was at least in illinois if the bank was paying the taxes on the property before the BK, the bank is responsible for them. I finally got a letter yesterday from wells stating that they have turned over my case to a attorney so my lawyer expects for me to get served in the next month or so, the clock starts ticking. Hopefully i can buy two years in here as there is a lot foreclosures in my neighborhood that are going for $40,000 to $90,000 and between our savings and my 401K in two years i can go buy a house cash and be done with it. I wonder if i could even buy this house in a auction. Ill have to ask my attorney.
  9. thats what i thought as they ahve been paying the taxes. so well see what happenes.
  10. I dont understand how am i responsible for the taxes when the loan was put in my bankruptcy and discharged, i never reaffirmed the mortage, the bank always payed the taxes as it came out of my mortgage payment and they also pay the insurance out of my mortgage payment and have paid both the mortage and mortgage insurance. So how can i be responsible for all of that when it was wiped out in the Chapter 7?
  11. Well I finally got my Chp 7 discharge paperwork, it was done middle of dec 2014, its bice to see on my credit report 0 everywhere, the wells fargo Mortgage is also listed as zero. I finally got a letter from wells 2 weeks ago stating they revoked the paper that states they could only speak to my lawyer and then saturday i got the paper stating that i have until March 6th to come up with the past due mortgage payments and then they could start the forclosure proces. I was wondering if i tried to do another home loan od and told the lawyer to tell them we would do it for say $125000 instead of the 181000$ i owed them, i think that reasonable and they dont have to fight a foreclosure meanwhile im living for free and they have to pay the tazes and insurance. Have you ever seen anyone play hardball with them and get them to do something like this? Also again my question is since i filed BK and its discharged i dont own the debt do i have to pay taxes. The othet thought i had was to file the loan mod through the attorney its $1500 and it bought me about 9 months time so say i did that and wells said no and then they have a few months before they file foreclosure im thinking it could stall them as then i would pay the $1500 for the foreclosure defense and then the lawyer wants $300 per month after that for court fees and appearences. Im trying to buy as much time as i can living in the house so i can save for a new one if possible.
  12. Otherwise, live there rent free (just make sure to pay the utility bills and taxes) for the year and stockpile cash for when you have to move. Ok, so say in 90 days the automatic stay is lifted and they send me paperwork they want to foreclose, say i get a foreclosure lawyer are you saying i am responsible for the real estate taxes as in my mortgage the taxes were paid by wells fargo and not me. am i responsible for the taxes? also i will try to see if wells wants to work out a better loan mod, i would stay here if they dropped the principal to say 125K as the house was comped out at 90-100K but say i fight the foreclosure i have friends that after 2 years still havent had to move out yet or have heard from the bank as to the final date to get out. I guess inn illinois the avg foreclosure time is 695 days, do you think that is the amount of time from the 1st notice of decision to foreclose? i emailed my bk lawyer and they wont even respond as we are done. We have foreclosure houses on my street that 5 yrs ago went for 190k and some sold for anywhere from 40k-80k so i wonder if wells if knowing they will eat the house would maybe sit down and bargain.
  13. Quick question how long after the chp7 meeting of the creditors does wells have to wait to start any legal action is the automatic stay for 60 or 90 days?
  14. well i went to chp 7 bk court today and everything went smoth, we didnt reaffirm the mortgage so i guess the ball is in wells fargo court, they shoulda gotten back to me and not given me the run around on the signed new loan mod mortgage. we are kinda glad as when you look at the deal its pretty crummy. current loan is 180K at 5,5% interest we owe and we owed 22k in past mortgage payments. new loan mod was 175k at 4.2% and on top of that a 20k HUD PROMISARRY NOTE 0% and not due till 30 yrs so im paying 195k for a house worth maybe 100-120K max. + i guess when we filed the chp 13 back in april of 2013 is when the clock started on our BK since we switched to a chp 7 so we are in about 18months already. my question is since wells is sitting on the loan mod paperwork we signed back in sept what if they said hey we wanna use this loan? am i on the hook? or would i have to reaffirm the mortgage? also im not planning on paying from now on and if i talk to wells i would tell them drop the principle down to current value or forget it, what do you think? Do you think the loan mod was a rip off deal? Also I talked to my lawyer the bk one and he said that i have to have my loan mod lawyer cancel the loan mod, is that true or cani do it.
  15. 3. In one of your comments you mention that the lender wants you to sign a "HUD promissory note for $20,000.00". If this is the case you NEED to discuss this with your bk attny. Modifying an ALREADY existing loan that is subject to a discharge in bk is one thing. Entering into a NEW promissory note after you filed the bk is quite another. what do you mean by this, is this something i should worry about, I talked to wells again and my home Preservationist specialist told me that they have my signed new mortgage and all they are waiting for is for their lawyers to mail it to my attorney so my attorney can get it approved by the courts, i explained to him that my bk lawyer already tried to file a motion and the judge was pissed off as he doesnt make decisions on loan mods. My bk lawyer really doesnt want to deal with it as it seems like my loan mod lawyer keeps deferring it back to my bk lawyer and my bk lawyer hasnt even responded to emails from last week. One part of me wants to just say the hell with it and tell wells to pound sand and add it to my bk but ive got court in 2 days and i need to talk to my bk lawyer as im assuming ill go into court on thursday and reaffirm the mortgage and then maybe when i send the paperwork to wells they will finalzie the loan mod, do you think they might back out and screw me? Im really frustrated.
  16. I had a question is there a appeals period in illinois when doing a chp 7 after the meeting of the creditors to say add items that were missed? the reason i ask is i had a loan mod approved from wells fargo and the new payment is due Nov 1st and i got a feeling they are going to back out as im getting the run around and we go to court oct 16th for the chp 7 and one part of me wants to throw the mortgage in the chp7 so im not stuck with a mortgage after the fact? im freaking out over here as ive paid 6 trial payments on time and the last on went through sept 29th and today o get online and see oct 8th it shows payment reversal. Ive never had this issue with a pmt reversal and from reading online it looks like a tactic WF uses to get out of doing loan mods. Im freaking out.
  17. ok, i understand that but next week oct 16th i go into court for our chp 7 and im afraid that wells fargo is stalling us on the loan mod, we already signed the loan mod paperwork, had it notarized at out loan mod attorneys office and it was fed exed on sept 12th they received it. we still havent received our new statement which reflects the new mortgage payment. Im worried they will back out of the deal and are waiting for me to get the chp7 done reaffirm the note and then they will foreclose. so lets say that happens and ive already done with the chp7 im assuming im on the hook for the mortgage and will owe that money till the day i die. Is that true? and will i have to pay all of that back if say 8 yrs down the rd i want to get another mortgage i wont ba able to. also if they foreclosed and i owed them the money can they garnish my wages until the debt is paid off? do they do that for mortgages?
  18. Ive got a question, When People go into foreclosure and walk away from their home does that mean they owe whatever the note is for the loan and then down the road the mortgage company can sue you and garnish your wages? Reason I ask is say worst case scenario wells backed out of the deal and I already had my chp7 bk court date can they come after me and get us for the loan value and garnish or get judgements-liens against us? Can people put a home mortgage into a chp 7. Also does it make a difference if we put the house into the foreclosure or I went into foreclosure after the BK. Last question – say 10 years from now I wanted to try to get a mortgage and I had a foreclosure, would it be better to have the foreclosure in the bk or say I did it after the BK. Sorry for all the questions, im just a little rattled after reading a lot of loan mod horror stories online. II have a question i am currently working with a attorney doing a home loan mod with wells fargo, the trial payments that were reduced almost $300 have been paid since may of 2014. I was told that i would have to pay these for 3 months and then we would get the paperwork. So in the beginning of sept2014 we finally received the new mortgage paperwork it was sent to my lawyer so we went in and signed the paperwork and the mortage was for $175,000 at a 4.2% interest rate and a Hud prommisary note for $20,000 and zero interest and due at the end of 30 yrs or we can pay whenever during the loan term time period. The original loan is at 5.5% and we still owe about $181,000. So we fed ex the new loan paperwork back to wells and the did confirm they received it and that we should get the new loan statement within a few weeks. the new loan terms start NOV 1st 2014. We have been in a chp13 since june of 2013 and changed it to a chapter 7 and we have our final court date next week oct 16th 2014. The previous wells home preservationist specialist linda was awesome to work with, she would answer the phone, any questions i had and really helped out my lawyer. my lawyer said she was the best shes ever dealt with. well a few weeks ago i get a letter from wells saying we have a new specialist his name is jeremey so i called jeremy 5 days in a row, left messages and he never would return my calls, i finally called regular customer svc and they found him so i asked if he knew when my new statement was coming as the 1st payment is due in a few weeks and he says wells is waiting on a judge to approve the home loan mod and my bk lawyer when working with Linda said that the judge in illinois doesnt make decisions on home loan mods and this was explained to the linda lady at wells and her and my BK lawyer had dealt with this and it was just up to the underwriters or wells legal dept to finalize the signed new mortgage. well this jeremy guy keeps saying we have to have a judge approve it and that is all they are waiting for to process this. My Home loan mod lawyer just had her assistant call today and jeremy told her the same thing. My question is if my new mortgage is supposed to start in nov and i dont receive the new statement isnt that new mortgage void? also wells keeps telling me to keep paying the trial mod payment which is about $10 more then the new modified mortgage. I feel like im going to get screwed. the other thing im thinking about is if i knew they were going to screw me couldnt i put the house into the chapter 7? id hate to do this chp 7 and then down the road wells screws me. What is your thoughts.
  19. I have a question i hired a attorney to get a home loan mod with wells fargo, we were behind on our mortgage and the attorney got us the mod well in the beginning of sept 14' we got the new mortgage paperwork and signed everything and it all loks good and had it notarized in our lawyers office and the new mortgage is supposed to start nov1 2014. well we havent received any new statement reflecting the new mortgage and so far i have paid 6 trial payments. im worried that they are going to screw us has anyone ever gotten a home loan mod and how long does it take to get the new paperwork and statement and also has anyone ever gotten screwed when they go to this point or do you think wells would blow the deal and screw us? the reason i ask is weve been in chp 13 for about 15 months and are switching to a chap 7 as my income has dropped and wells knew this when we did the paperwork, we have court on oct 16th for the 341 meeting of the creditors to finalize the chp 7. what i dont want to happen is i get the chp 7 and then wells screws me and then i cant throw the house into the mix. can i get some feedback?
  20. Im in Chp 13 that went into effect in june 2013 last year and last august 2013 took out a loan with check and go and ended up defaulting on it, it ended up going to collections and im currently paying $50 per month to them, my lawyer is asking me for all my new bills so we can convert to chp 7 BK as my income dropped and im now eligible, my question is since i took the checkngo loan out without telling the trustee last year will i get in trouble and since im converting to a chp 7 will it even matter or will the trustee discharge my 13 and not let us do the chp 7. I havent said anything to my lawyer yet about the checkngo loan, i pulled my credit reports from all 3 credit places and it doesnt show up.
  21. i spoke with my lawyer and she said the trustee wont pay wells fargo as WF cant prove ownership of my house or cant provide the deed so wf hasnt agreed to the rearagges and since we are 2 months behind im looking into a loan modification as i faxed the paper work to WF, ive heard the screw people around so as a backup i am looking into a loan modification lawyer - what do you guys think? my lawyer doesnt do them and she isnt offering to much info on that as she said i could try that or when dec and january comes i get over 10k in bonuses and could pay it all then but then id be tight on money for 2014. id prefer a loan mod does anyone know any reputable loan mod companies?
  22. thanks for the comments, ill talk to them and from everything ive researched they put th eloan in default after NSF at the bank and the clock stops on the interest, then they turn it over to a 3rd party collections who will work with you. It will be cheaper to default and the interest clock stops and from what ive read alot of people have settled for 50% of the debt and my credit is shot anyways so i dont think they move that fast where i read they cant dont contact you until after 28days past default so that would be end of sept and ive got 2.5 months before a judgement could be thrown at me i can settle. thanks again guys - i love the internet lots o info!
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