Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Bank of America files unsolicited Satisfaction of Mortgage

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Bank of America files unsolicited Satisfaction of Mortgage

    Wow. I was just looking through the public records and noticed that Bank of America filed a Satisfaction of Mortgage for my 2nd mortgage! I was just gearing up to re-open my case and file a Motion to Determine Secured Status and Strip Lien (in a Chapter 7) -- a popular new tool here in Florida (Alabama and Georgia rounding out the 11th Circuit Court of Appeals). Apparently, there are many debtors getting strip-offs of wholly unsecured inferior mortgages (and liens) in Chapter 7 cases. This is due to some long standing 11th Circuit precedence (and I won't go through the legal history of this).

    I have not even received official notice by mail. This just saved me a lot of time dealing with the court and filing my Motion. Maybe Bank of America is just deciding to clear out these second mortgages. My second mortgage had a balance of over $200K (to put it in perspective). In fact, my home (now) is worth more than my first mortgage, so the second was no longer wholly unsecured. (Albeit that the date on which the value is determined is at the hearing on the valuation, but my valuation was done in my (converted) Chapter 13 back in 2008!)

    Boy, I'm actually sad because I wanted to go back to court!
    Last edited by justbroke; 12-23-2013, 08:59 AM. Reason: corrected 11th circuit States!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

  • #2
    . . . Maybe Bank of America is just deciding to clear out these second mortgages.
    More likely that your 2nd met all of the criterion under the National Mortgage Settlement therefore BOA was required to release, especially if you modified your 1st under HAMP at some point.

    Des.

    Comment


    • #3
      Originally posted by despritfreya View Post
      More likely that your 2nd met all of the criterion under the National Mortgage Settlement therefore BOA was required to release, especially if you modified your 1st under HAMP at some point.
      Maybe, but I have received absolutely nothing in the mail about this at all. I have not modified under HAMP either. (I had an in-house modification back in 2010 on my first mortgage.)

      Anyhow, I'm not complaining.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        Congrats, justbroke - a nice Christmas-surprise, huh?

        My mum's attorney filed her "Motion to Determine Secured Status and Strip Lien" on October 7th and the other party didn't object in the following 30 day time-frame. So as of today, we are still anxiously waiting for the judge to order it.
        Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
        FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
        FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

        Comment


        • #5
          To be released from 200K of debt is an incredible gift. Merry Christmas, justbroke!
          Chapter 7, above median, no asset. Discharged with no UST involvement.

          Comment


          • #6
            Originally posted by IBroke View Post
            Congrats, justbroke - a nice Christmas-surprise, huh?

            My mum's attorney filed her "Motion to Determine Secured Status and Strip Lien" on October 7th and the other party didn't object in the following 30 day time-frame. So as of today, we are still anxiously waiting for the judge to order it.
            If you are past the 30-day "negative noticing" it's just a matter of your attorney submitting the order to the judge for signature. Awesome! I read an article by a local (Florida) attorney and it was basically "get your lien strips while you can"! Apparently, GMAC is allowed to now appeal the McNeal decision, so our days may be numbered.

            (And, the petitions are now hitting the 11th Circuit like hotcakes.

            Originally posted by TXskyblue View Post
            To be released from 200K of debt is an incredible gift. Merry Christmas, justbroke!
            Yes, it is a nice present. I don't even know what to do now.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              Originally posted by justbroke View Post
              If you are past the 30-day "negative noticing" it's just a matter of your attorney submitting the order to the judge for signature. Awesome! I read an article by a local (Florida) attorney and it was basically "get your lien strips while you can"! Apparently, GMAC is allowed to now appeal the McNeal decision, so our days may be numbered.
              Yup - that's why we were getting a bit nervous. I e-mailed our attorney's office last week and I was told that it's not unusual that the judge is a bit behind in signing these orders. I was also told that our case wouldn't be the only one where they would be waiting for the order.

              I'm expecting something to happen any day now.
              Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
              FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
              FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

              Comment


              • #8
                Hot diggety!
                Wish I knew who you and where you were so I could rub your head for luck

                Keep On Smilin'

                Comment

                Unconfigured Ad Widget

                Collapse
                Working...
                X