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doc20002001

Wife getting sued by wells fargo after BK7

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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. 

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Did the sheriff sale of the home already occur? If not, then this might be the lawsuit to do the foreclosure because Illinois is a judicial foreclosure state. I would have the attorney check to see if your name is on the suit too. It sounds like something different.

If your wife's case was a no asset case, then the discharge is still in effect even if Wells was not listed under the "No harm, No Foul" rules. If there were assets, then things get tricky because Wells was harmed by not being a listed creditor. This is especially true if your wife was signed onto the mortgage.

I would discuss this with the attorney(s) and find out where things stand. I see nothing yet to indicate that they are going after a deficiency balance.

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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. 

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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?

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You must answer the summons, otherwise the bank gets a default and it is exit stage left. As for the $180k, that would be for a judge to decide but again, with the BK7, I doubt either of you are on the hook for the deficiency balance unless your wife's case had assets that were distributed. Even if you wife did not list the debt, if the case was no asset, Wells would not have gotten anything anyways.

I suggest that you talk with an attorney that knows both real estate and BK law to verify however. We internet lawyers only play lawyer on the internet and do not practice law in real life (or at least most of us).

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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?

You are not responsible for any $$$$ as you have a discharge.  This sounds like a judicial foreclosure action so that the lien holder can get back its property - nothing more, nothing less.  Unless you are going to fight the foreclosure (stupid unless you can prove you have made the payments) I doubt there is anything you need to do. 

 

As to that "foreclosure lawyer" you are "going to hire" save your money for moving expenses and please do not get sucked into that "foreclosure defense" - "show me the note" crap.  Let the home go and move on with your life.

 

Des.

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You must answer the summons, otherwise the bank gets a default and it is exit stage left. As for the $180k, that would be for a judge to decide but again, with the BK7, I doubt either of you are on the hook for the deficiency balance unless your wife's case had assets that were distributed. Even if you wife did not list the debt, if the case was no asset, Wells would not have gotten anything anyways.

I suggest that you talk with an attorney that knows both real estate and BK law to verify however. We internet lawyers only play lawyer on the internet and do not practice law in real life (or at least most of us).

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. 

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No, the suit has been filed and you must answer the suit. You answer it like any other civil lawsuit by filing an answer accepting or denying the complaint or parts of it. You cannot DV Wells Fargo or its attorneys at this point as a suit has been filed so DV is pointless. You must now take part in the court process.

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No, the suit has been filed and you must answer the suit. You answer it like any other civil lawsuit by filing an answer accepting or denying the complaint or parts of it. You cannot DV Wells Fargo or its attorneys at this point as a suit has been filed so DV is pointless. You must now take part in the court process.

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.

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I'm going guess that you've got a really good chance of losing this argument.  Rather than paying a lawyer several thousands of dollars (by the time the court says "get out") maybe you can work something out with WF.  Have you talked with them directly?  They have a program where they'll actually pay you to move out...or, if you put the house on the market, they'll work with you to get it sold.

 

I'm not saying WF is the good guy here, but, they might be the lessor of two evils when compared to a "foreclosure" lawyer.

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I'm going guess that you've got a really good chance of losing this argument.  Rather than paying a lawyer several thousands of dollars (by the time the court says "get out") maybe you can work something out with WF.  Have you talked with them directly?  They have a program where they'll actually pay you to move out...or, if you put the house on the market, they'll work with you to get it sold.

 

I'm not saying WF is the good guy here, but, they might be the lessor of two evils when compared to a "foreclosure" lawyer.

where did you hear about the program to pay you to get out?

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Sounds to me like you need the attorney and right now, not the end of June. You file an answer in the method recommended by the rules of civil procedure for Illinois. Each state is different so I cannot say what goes on in Illinois.

That said, Willing has a very valid point. Have you tried to work with WF and see if they will assist you in getting the home sold and in moving? You are going to have to move anyways and it sounds like it might be more trouble and costly than just letting go and moving on.

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@doc20002001 ... back in 2004, our business fell apart.  We did a BK7, lived in the house for another year or so, making no payments.  Eventually, our mortgage lender paid us $3000 to move out...we did a "deed in lieu of foreclosure".  Then again, in 2014, after my wife died and I had to move to assisted living, I had a $150k mortgage on a house that was only worth $115k.   I did a short sale on that one and the bank accepted the loss.

 

(I have not had much luck with buying houses).

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I'm going guess that you've got a really good chance of losing this argument.  Rather than paying a lawyer several thousands of dollars (by the time the court says "get out") maybe you can work something out with WF.  Have you talked with them directly?  They have a program where they'll actually pay you to move out...or, if you put the house on the market, they'll work with you to get it sold.

 

 

Since it appears you are not listening to what I wrote:

 

As to that "foreclosure lawyer" you are "going to hire" save your money for moving expenses and please do not get sucked into that "foreclosure defense" - "show me the note" crap.  Let the home go and move on with your life.

 

 

please take what is said by Willing to heart.  "Foreclosure defense" is a lot of crap and you (and your attny) run the risk of getting hit with sanctions.  You are better served trying "cash for keys" which is the unofficial program Willing is writing about.

 

As to the foreclosure defense crap I'll bet the Plaintiffs below and their attorney (especially the attny) are wishing they never went down that path.

 

The Court will award attorney fees for 32.65 hours at the rate of $275. Thus, Isaacs is entitled to $8,978.75 from Plaintiffs’ attorneys. The Court believes that this amount is sufficient to deter comparable conduct by others similarly situated. Fed. R. Civ. P. 11( c )(4).

 

 

See: Hurtel v. MERS et al US District Court, Western District of Michigan, Case Number 1:12-CV-174. 

 

1.Sanction Order entered 3/25/13;

2.Motion for Reconsideration denied 4/10/13; 

3.Notice of Appeal filed 8/12/13 (for the sanction order and the order dismissing the underlying bogus foreclosure defense case); 

4.Appeal dismissed 6/30/2014 due to failure to timely file the Notice of Appeal. Sure hope that attny had malpractice coverage.

 

And while this sanction was directed against the attny, I have no doubt that other courts have levied such sanctions against the actual plaintiff.

 

If you are interested in reading some of the opinions in Hurtel, respond and I will try to upload them.  Not sure if such will work but I certainly can try.

 

Des.

 

 

 

 

 

 

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Since it appears you are not listening to what I wrote:

 

 

please take what is said by Willing to heart.  "Foreclosure defense" is a lot of crap and you (and your attny) run the risk of getting hit with sanctions.  You are better served trying "cash for keys" which is the unofficial program Willing is writing about.

 

As to the foreclosure defense crap I'll bet the Plaintiffs below and their attorney (especially the attny) are wishing they never went down that path.

 

 

See: Hurtel v. MERS et al US District Court, Western District of Michigan, Case Number 1:12-CV-174. 

 

1.Sanction Order entered 3/25/13;

2.Motion for Reconsideration denied 4/10/13; 

3.Notice of Appeal filed 8/12/13 (for the sanction order and the order dismissing the underlying bogus foreclosure defense case); 

4.Appeal dismissed 6/30/2014 due to failure to timely file the Notice of Appeal. Sure hope that attny had malpractice coverage.

 

And while this sanction was directed against the attny, I have no doubt that other courts have levied such sanctions against the actual plaintiff.

 

If you are interested in reading some of the opinions in Hurtel, respond and I will try to upload them.  Not sure if such will work but I certainly can try.

 

Des.

 

 in illinois the avg in our county is about 2 =-2.5 yrs to foreclose and get you out of the house, i have 3 friends that went through it and the minimum was 2 years they stayed in the house and max was 2yrs 8 months and all it cost them was $1500 initial lawyer fee and $150 per month while case is going on, now it is $300 per month. they all managed to bank alot of money and if say i got 24 months that would be over $1600 per month mortgage note -$300 for lawyer fees per month $31,000 that i could save towards a new place. im meeting with the lawyer next week so well get it tarted. the avg foreclosure time in Illinois is over 830 dasys

 

 

http://www.rebootillinois.com/2014/07/23/top-lists/caitlinwilson/foreclosure-rates-up-in-illinois/20918/

 

Illinois

Illinois foreclosures take an average of 830 days to complete. To learn about the specific foreclosure laws in Illinois, see our Summary of Illinois Foreclosure Laws.

 

http://www.nolo.com/legal-encyclopedia/states-with-long-foreclosure-timelines.html

 

 

 

 

 

 

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