If I am filing bankruptcy on credit card debt and medical bill can this affect my mortgage modification? Will my mortgage company pull my modification even though I am not filing bankruptcy on my mortgage? I have had my modification for about 3 years now. I live in CA
Here in California you have 5 days to file a response to an eviction notice. If I plan on fiing for bankruptcy should I still file a response? will it give me more time? I had filed a lawsuit against my mortgage company back in January because of FRAUD. They legally don’t own my home!! but because I couldn’t pay a lawyer, the case will probably be dismissed. I am now trying to stay in my home as long as possible. Any information helps thanks.
I have been with the same mortgage company for almost four years. I started with an adjustable mortgage. After two years the rates and payments shot up. I modified with them to a two year fixed. This expires in August. Last November, I filed a Chapter 13 bankruptcy, which includes the mortgage. My attorney says to either work on another modification with the company I have, or to seek out a refinance somewhere else. Has anyone out there been in similar situations? What did you do? Any recommendations on a good company to go with?
The mortgage is in good standing but its not reporting to the credit agencies. If I have proof of payments to the mortgage company is it necessary to try and get added to the credit reports by reopening the case and filing the reaffirmation? My credit is already shot for 7-10 years because of the BK.
I can’t afford my house and I haven’t been living it in for awhile. I have been trying to short sell it but now the mortgage company has started foreclosure proceedings. Is it better to file bankruptcy or just let it go to foreclosure?
I recently did a loan modification on my condo and now I am being sued by several credit card companies. I just realized that my mortgage company now owns one of my credit card balance accounts and is seeking to get the money from me. I recently lost my job and am thinking I should just walk away from everything and file bankruptcy. I just don’t know what we will do in the mean time. I have no place for my 10 yr son and myself to go if we loose this place.
Any advice would be most appreciated
we modified our home loan with our mortgage company and they lowered the rate and tacked the past due onto the back end of the loan. can we file a chapter 7 now to rid the unsecured debt?
My pool service man has come upon hard times. He told me that he hasn’t paid his mortgage payment in about 8 months. He’s been through 2 revisions to his original mortgage agreement but still can no longer afford to pay the bills. He went bankrupt 2 years ago and reaffirmed on the mortgage. The house is in Florida. Chase mortgage is in a holding pattern on foreclosures presently but temporarily. Once the mortgage company decides to foreclose how long can he expect to remain in the house?
OK firstly, if you’re coming on here to give me advice and help: thank you. If you’re someone who is coming on here to stand in judgement, and tell me what horrible people me and my husband are for ‘racking up debt’ and then going bankrupt, then don’t bother wasting your time, because I will just report your post and ignore it anyway. Not being funny, but all I have got during the three times I have posted this today is nasty comments from a few people who have no idea of the circumstances that led up to the bankruptcy, and spam from people advertising loans! So if someone could give me some helpful advice, I would appreciate it. I havent posted it for several hours, so hopefully there’s some different people on here now.
So here is my dilemma:
We went bankrupt in November 2010, moved out of our mortgaged home, and moved into rented accommodation.. We owned a property (mortgaged) which had a 75K mortgage and also we had a 30K secured loan and £50K UNsecured debt. Just recently, one house near our old house, went for £105K, so the most it will get (at auction probably) is about £90K.
So we went bankrupt and the receivers contacted us to see what assets we have – we have none, except for the house. We haven’t been back to the house since, and didn’t have our mail redirected as we have informed anyone of any importance about our new address.
Well, I phoned the receivers today to ask if they have let the creditors know yet, (because at 12 Jan 2011 they hadn’t..) and they said yes they informed them and sent a report of our debts and other creditors on 18 Jan. Then this girl said, ‘your unsecured debtors (we had £50K unsecured debt) will know there’s little point in trying to you, but the mortgage company will need to contact you and know your ‘current’ address, because they will need to issue a repossession order,,,’
I am utterly baffled, as when we spoke to the receivers in November, (AND the court too,) they both informed us that the receivers would deal with everything, and that the creditors will need to go to the receivers for any assets we have. This is how bankruptcy works surely.???? And now this girl tell us that we should have contacted the mortgage company voluntarily, because the creditors ‘only let the creditors know the person is bankrupt,’ and because there is little equity, they don’t take the house themselves, they just leave it up to the mortgage company to reposses it at their leisure. So apparently, we are supposed to work with the mortgage company through the repossession. !!!
But why on earth should *we* have to let them know our new address so they can badger us here, ?? Surely they can repossess it without us. I was under the distinct impression from the court and from the receivers (at the start) that once we go bankrupt, it’s out of our hands. and now 3 months on, one girl at the receivers office is saying that we should have contacted the mortgage company so we can help in the repossession process!
Well excuse me, but we did pay the receivers £900 (£450 each) to do this job for us, and what would happen if we had buggared off and just abandoned the house like a lot of people do? Surely the repossession can go ahead without us?
Can anyone advise? I am super reluctant to contact the mortgage company and see no reason why they can’t simply repossess without us. And I am particularly pissed off that the receivers AND the court said it’s out of our hands and we need to do NOTHING, as declaring ourselves bankrupt freed us of the debt (and the assets of course..) and now this girl today has said we should inform the mortgage company of our new address, or the repossession order will take many months, as they ‘need our signatures…’ for the repossession order to go through swiftly.
For one, why only say this now? And what happens if someone abandons a property? Should we just leave it and wait for them to repossess without us?
Does it just go away and the credit card company / mortgage company book a loss? Or does it get consolidated or passed on to your spouse / family?
I am waiting for my attorney to get back to me next week. In the meantime if anyone knows the answer to this, I would really appreciate it. I have already filed and had my court date for my Chapter 7 bankruptcy. My Chapter 7 bankruptcy will be finalized on January 30 2007, and I will be released of all unsecured debt.
On my "Debtors Statement of Intention" document, we put "Surrender" for my car, and that’s exactly what I’m doing with it.
For my house we put "Exempt" which made the equity exempt and allowed me to keep the home without a forced sale. The problem and question is with my home. The mortgage company’s lawyer is pressuring me to "Reaffirm" by January 30. She says of I don’t sign the reaffirm agreement then it will default to "Redeem" "Redeem" seems to mean pay a lump sum or surrender the property? The question is; Is a Chapter 7 debtor’s home mortgage limited to reaffirmation, redemption or surrender, after Exempt? My attorney says there is a 5th choice, do nothing.
Due to permenent disability which occurred 2 years ago I can no longer afford my monthly mortgage. Normally I would just sale my home but my house in Las Vegas is currently about 0,000 up side down and I do not have that kind of cash to make up the difference. I have spoke to the lender (Chase) in length and the only thing that they are offering is temporary solutions so I know that I will have to move. Luckily I have a excellent family support system that will allow me to live within the confines of my limited disability income. but I’m concerned about the mortgage company harassing me for the mortgage deficiency, so should I file bankruptcy now or wait until I’m out and wait for the bank’s deficiency judgement? Please understand that I have always been responsible with my financial responsibilities but I did not choose to get sick, so I’m trying my best to play with the cards that have been dealt to me! Thank You.
I am wanting to pay off an old debt on my husband’s credit report. We were unable to continue paying on it due to severe financial hardship. We are now more financially stable, and wanting to buy a house. I used to work as a bill collector, but I don’t remember all the specifics. On the credit report, there is an "original balance" and a "past due" balance. I am aware that fees were charged, but I’ve been recently told that they may be bogus. The account was charged off, also. I want to offer the company a settlement of 30% of the original balance, which is about 0. What I’m wanting in return is for them to report it as "paid". I’m not going to tell them that I’m buying a house, because I’m sure they won’t agree to the settlement if they think I really need this off the credit report. So what do you think? Should I go ahead and call and offer this settlement?
I realize that it will still say that it was delinquent, etc. But it will also say that we went back and paid on it. That is what my mortgage company wants to be able to show the underwriter! 
Im 9 months behind on my house and its in foreclosure. Suppose to be foreclosed on April 6th 2010. We have tried a short sale and we have an offer but the 2nd mortgage company is not going to take it. They want an extra ,000 on top of the offer. My real estate agent said they will probably take ,000 when it gets closer to the actual foreclosure. Im also upside down on my car ,000. Should I pay the ,000 and keep the car that is upside down or just file bankruptcy? If I file bankruptcy before the foreclosure date will both go on my credit? The lawyer suggests a chapter 7. Thank you in advance!!
I hate my mortgage lender (Litton) they added an escrow to my monthly payments due to back taxes, but here’s the deal…my city tax never sent me a property tax bill and when I went to inquire my mortgage company had paid it off. How the city inform my mortgage company and not me? Anyway, now my mortgage company does not want to remove the escrow even if I pay the back taxes. This is "Cow Dung" believe me I’d like to say something else. What are my options? I’m frankly sick of this company and I’m sick of the house anyway. I have it for sale, but should I get a lawyer or file bankruptcy on the mortgage. That’s something I really don’t want to do. I already have one bankruptcy in the past, but I’m really sick of Litton and their high handed tactics. I pray to God they go bankrupt and get absorbed by another Company, they are really unreasonable. I have faithfully paid my mortgage, but I should not be screwed into paying more for an escrow I don’t need and I will be darned if I’m going to stay in a house I no longer want due to real estate decline in this bad economy.
I love how people like to add their 2 cents beyond the question being asked. Was I irresponsible in my youth? Yes and apparently half of america is financially irresponsible. I learned my lesson and I pay everything with cash. Unfortunately my taxes were a little behind but not delinquent, but I always pay my property taxes. However, my Mortgage may intervene. Whatever, happened recently I was left out of the loop and the city contacted my mortgage company instead of me, even though I was paying on my taxes. And furthermore I do not like my house or the environment so why should I remain in it? Things change. At one time I would have probably stayed or stayed longer. The house has been on the market for about a year and a half. I want nothing else to do with it and I don’t want to really rent it either. Though I’d choose that over foreclosure or bankruptcy.
Thanks lake lover. Although I don’t think its fair for the tax collector not to forward a tax notice. I have always got one in the past. This year I didn’t get a tax notice and when I went to inquire and pay on my bill, it seems like I got screwed.
Just completed a short sale on my house after missing 6 payments (ex quit paying child support). I tried just before short sale went through to get a small loan and was turned down due to missed payments. I’ve since been notified that the mortgage company reported to all 3 credit bureaus that the debt was "settled". I had excellent credit before this, does this cancel out the missed payments or is my credit ruined for now? Any information would be greatly appreciated!
I live in Indiana, I’m filing chapter 7 bankruptcy, found another home I would love to buy, and that I can actually afford this time! I’ve been told that it is possible to buy a house even one day after disclosure, does anyone know of a mortgage company that will do this?
and if the house sells at a Sheriff’s sale because of forclosure and it does not sell for the price that we owed the mortgage company, are we still responsible for the balance since we are filing bankruptcy?
Our loan was in a "modification" with the mortgage company and we were late on the payments. We sold one of our trucks on Friday for 00.00 to pay the 2 months behind and today we got the letter in mail saying they were continuing foreclosure proceedings.
We called and they said we don’t make enough, but we do so they are working on something, but I have a bad feeling that they are stalling. I want to sell the house, but my boyfriend does not want to. Our home is worth more than we refinanced for, but will be hard to sell quickly. Our credit is terrible and our score is very low. What about filing for bankruptcy or trying to sell fast..before foreclosure starts again?
I don’t think we can do much to get out of the mess we’re in.
(we missed the payments because a/c broke..we live in florida and have new baby so we had to buy window units.)
The house is worth 0,000 the loan is 0,000. 00 behind on mortgage payments. (I have only 00 debt). Will the mortgage company try to collect on the ,000 difference if I file foreclosure? Because I’d rather go through bankruptcy in that case.
I know that the trustee has to sell whatever assets you have, to partially pay back the creditors, but what ARE those assets? Like Furniture? Dishes?
Please dont tell me how bankruptcy can ruin credit, etc. I know it already, and after all of this hell with the credit card companies and the mortgage company, who the hell in their right mind would want to deal with credit ever again? Just, if you have the answer, then great, please answer. If not, then keep your opinion to yourself and move on. Thanks.
I dont even have the money to buy food or toilet paper, let alone a boat. If they are only looking at major purchases, then they are going to be in for a shock.
I refinanced my house through Ocwen in 2002 just before a major surgery to help with cost that I knew I would incur during the no work time. They told me one thing on the phone and when it came to signing, the paper work was nothing like what they offered me on the phone, but at the time is was only one week before surgery so I went ahead and signed. Since then I struggled and finally last year I was able to pay off my 2nd mortgage and all credit cards. The only bill left was the mortgage, since I paid off my vehicle the year before. November of last year I was in a bad car accident that totaled my vehicle. After receiving the check from the insurance company I purchased a used 2008 Dodge Advenger for 15,000 with 6,500 down on a 36 month loan. (Trying to stay debt free). Well December comes in and on the 2nd I was informed that layoffs would begin that week and sure enough two days later I got the call not to come in. This was a big surprise, since my company received records profits just the quarter before. Anyway I feel really bad, but I just cannot handle the mortgage payments anymore and I have tried everything to get the mortgage company to do something. They say I do not make enough for them to be able to help me. I am currently spending three hundred every month more than I am bringing in. My savings is now gone and starting to use credit cards again. And at this point I have a good chance of getting a job outside of Michigan, but if I do get the Obama modification I have to stay here with no hope of a job. Things just look worse at my company each month.
Will I be able to keep the car even though there is some equity in it? And can I let the house go this way with no reprecussions? I feel bad, but I also feel they took advantage of me when I was in a bad situation. And I have had the house on the market for over three years with not even a glimmer of hope. Thanks in advance for any and all advice. For those who like to talk down about people that file bankruptcy I pray you never find yourself in this situation. Current situation:
House owed 99,500 value about 105,000
Car owed 7,000 value about 15,000 (kbb)
The insurance company for my former Mortgage company claims I owe over ,000 from the loss occurred by the foreclosure but are willing to accept a lump sum of ,000. They will only accept payments on the original amount. How can I have the amount lowered and still allowed to make payments?
We are in the middle of a chapter 7 bankruptcy n are 5 months behind on the house payments. The house place wants a relief from the stay or all of the money from where we are behind in. Can we go to a chapter 13 bankruptcy now in order to save the house n can we do it on only the mortgage company?