House in Foreclosure

[tpod]

Our house is in foreclosure. I am not on the first mortgage, I have dower interest in the second mortgage. I am not on the title to the property, although I could file a deed as quickly as Monday if that is permissible or necessary. Can I do that? Will I qualify to file and cause a stay of the foreclosure?

Is there a form I can file at the courthouse to stop all actions right away, completing the other schedules later

[squeaks]

Who is on the deed? Who's name is on the mortgage? It might be quicker to have them start filing the C13 to at least delay the foreclosure. You didn't give much information regarding whether or not you can file. I was awaiting word from loss mitigation at GMAC because I had been referred for modification and instead I got a letter informing me of a sale date for my house.

We filed C13 on July 23 and I received copies of letters to the foreclosure servicing company telling them to stop.

If you can get on the deed that quickly I would be in a lawyer's office that afternoon to get the filing paperwork started.

[tpod]

We had sent in paystubs, etc. two weeks ago for a work out of this debt, and WHAM they sent it off to an attorney to start foreclosure. The attorney had the file for 3 days and added $4000 in legal fees to it, so I cannot possibly catch up the payments now. I must file a Chapter 13.

My husbsand is on the deed, but we are prepared to file a deed tomorrow morning, then I will file in the afternoon. I hope that will stop the proceeding. What other information would be helpful? Just scared out of my wits.

[squeaks]

Knowledge helped me out a lot. Even after we got the notice of our sale date, I knew that filing a 13 would stop that in its tracks. Our 13 arranges for us to pay our arrears, back property taxes and two vehicles over 5 years. It will make our second disappear. It will lower the crazy interest rate on one of our vehicles from 20 to 7 percent.

Your 13 gets filed electronically and your attorney should be sending a letter to that attorney stopping the foreclosure proceedings. I think things will be OK for you. We had almosst the same thing happen to us. We were led to believe we were being referred for loan modification and to give them a few months to get back to us but to keep making our payments.

We held up our end in that regard. We did everything we should have done except we missed some months due to my getting hurt and getting fired. I was up front with our mortgage company from day 1, did everything they instructed us to do and had we not acted when we did, our house would have been sold yesterday.

I think you'll feel much better after sitting down with an attorney and realizing what a powerful tool bankruptcy actually is. Yes, you may have it hard for a while but all it is is an adjustment. If our plan gets confirmed, we will be able to have a comfortable life while in the plan. Its the second best thing we could have done, the first being never having fallen down this hole.

[tpod]

Thanks for your posts. I appreciate it. I did file the deed transfering the property to both names, which is a formality since we have been married for some time.

I also filed my 13 myself, and have an appt. with an attorney on Saturday who is going to take over for me.

I just could not take a chance they would file the foreclosure at the courhouse and serve us with papers. They have misled me continually since May and I just do not trust them.

Thank you again for your posts. It helps to know that other people are out there going through the same struggle. Makes it less embarassing and humiliating.

[kitters]

They have misled me continually since May and I just do not trust them.

We had almosst the same thing happen to us. We were led to believe we were being referred for loan modification and to give them a few months to get back to us but to keep making our payments.

How interesting to hear that other people have been getting the same sort of treatment regarding foreclosures... And I've heard so many times that "they don't really want to take your house because it costs them money."

I was behind on my mortgage by several months and after being served w/ the foreclosure petition was trying to get things worked out (my sister was able to lend me the arrears amount). I'd call & they were going to get back with me in "1-2 days." However, each time a week would have passed before I could get through to a live person (generally either no answer or busy signals) only to be told they were waiting on something else from me (although they never seemed to realize that IF THEY DON'T LET ME KNOW THEY NEED SOMETHING ELSE, I CAN'T GET IT TO THEM!!!) (sorry for the frustrated shout - it was just that I HAD THE MONEY SITTING there to pay the FULL arrears and they would NOT let me send it to them - in fact, one lady specifically told me I was to send NO money anywhere, even my August house payment because they would just send it back. This was after she had asked if my house was a very nice house... hmmm....) Anyway, I never thought about filing an answer to the petition (to avoid a default judgment & get it set for a hearing) because I naively believed we were in the process of getting things worked out... until I received the default judgment in the mail on Saturday. As I had previously been starting to file Ch 13 but held off due to another situation (involving a family farm trust & the possibility of being forced to sell it which would have devastated my siblings, one of whom makes his living farming it - another long story), I called my attorney first thing Monday morning. He said filing will stop the foreclosure up until the actual sheriff's sale. So, I just signed everything & he'll be filing it Monday. I'm scared but still so relieved to know this will save my home.