Sunday, February 10, 2013

Unique Foreclosure Story

Bear with me, this is lengthy...

4 years ago we claimed Chapter 13 BK. Paid an outrageous amount every month until we couldn't do it anymore and fired our horrible lawyer and got a new one. He was astonished that we had survived on our budget for 3 years that the last lawyer put together for us. The new lawyer made it work for a year and then the trustee wanted to see more paystubs and raise our payment because my husband had recieved a few days of overtime in the prior six months. We could, by no means, afford the new payment and had no other option but to voluntarily dismiss our case....that's right people, 1 year away from discharge! Man, did the trustee dispise us, for no apparent reason. She even yelled at us in court one time when the judge left the court room. With over $2000 still behind from our BK on our house from first and second mortgage, we decide there is no other way then to walk away from our home. We had tried to sell it 3 out of the 4 years while in BK and no one would offer even close to what we owed. After dismissing our case I called and had a "no-shitter" with my real estate agent. She said that she could honestly not sell my home for even close to what I owe. She also said that I have 2 of the hardest mortgage lenders to deal with as far as a short sale or loan mod. We don't want to do either because we think it would be a waste of our time knowing what we went through in our BK and dealing with the "syst?m." So here is the timeline thus far...

Dec 2012 - No payment made - 1 month behind
Jan 2013 - No payment made - 2 months behind
Feb 2013 - No payment made - 3 months behind

We have not heard a word from the lender and not recieved a single letter or phone call so far. My Chapter 13 case was ?fficially"dismissed Jan 2nd 2013. I had to work out a deal with our car loans as they were included as a cram down in the BK and already settled with a couple other creditors with help from my family. My mortgage was sold I believe 4 different times since the original. I believe that I should never have been approved because I was young at 19, making $9/hr and had a car loan on top of it. The mortgage lender even said he had to jump through a lot of loops to get me the loan and he hoped that it worked out for me. I was naive and stupid, I know.....

How long do I have to stay here and what is the difference with my situation? They just can't foreclose without notice, can they? What research can I do to see what is going on? I will stay here as long as I can to recoup some of the money I put into the house before our financial hardships 4 years ago. About $8000 worth of remodeling....for nothing....sickening. Even if I was in BK and then dismissed, don't they still have to send me a NOD legally? They still have to follow the Idaho Foreclosure Laws, correct? Any advice or answers would help immensly. Don't want the Sheriff knocking down my door without notice!

Source: http://www.loansafe.org/forum/foreclosures/61244-unique-foreclosure-story.html

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