• Content Count

  • Joined

  • Last visited

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 s
  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
  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 a
  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 t
  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
  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
  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
  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
  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 mortga
  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 questio
  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 stat
  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 l
  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
  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