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

Auto deficiency balance lawsuit question

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

  • Auto deficiency balance lawsuit question

    Hi all!

    Our vehicle got repossessed in August of this year and we just received a letter that it was sold and that our creditor's attorney plans on suing us for the deficiency balance ($3087) The vehicle was included in BK, but we signed a reaffirmation agreement.

    In our state (WI), we are protected from any type of wage garnishment because we are on food stamps. I spoke with the creditor this morning and informed her as such. She said to forward on our food stamp approval letter and she would give it to the attorney.

    She also said that they would continue with their attempts to sue me and they would get a judgement against me. Since we are protected from wage garnishment, she said they would just put a lien on my house and that if we ever "sell the house", this lien would have to be paid off first.

    Here's my question: If we would ever choose to let the house go into foreclosure (we are upside down by $60K and it was included in BK over 2 years ago---no reaffirmation agreement signed), what happens to that lien that the creditor put on our house?
    Filed Chapter 7: 3-22-08
    341 Meeting: 5-15-08 It went great!!!
    Last day for objections: 7-14-08
    Discharged and Closed: 7-21-08

  • #2
    usually any liens against the property would be passed to the new owners to clear title when they make the purchase of your foreclosed house.

    however, in this situation this is post bk and i'm not certain exactly what they can do at that point...so i guess i NO help!!!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

    Comment


    • #3
      actually, they most likely can take other measures to collection the judgment...however, i 'm not certain they can transfer a lien once they have done it.....interesting....
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


      • #4
        Interesting...So,once they put the lien on the house, if we would walk away, they can't continue to "come after us" with a wage garnishment?

        Like I said, we are protected, for now. But, once we get off of food stamps, we still have 6 months afterwards to be "protected". Once that 6 month mark is over, they can go after us for a wage garnishment.

        How likely is it that my mortgage company will find out if there is a lien on the house? If they do, would they do anything?
        Filed Chapter 7: 3-22-08
        341 Meeting: 5-15-08 It went great!!!
        Last day for objections: 7-14-08
        Discharged and Closed: 7-21-08

        Comment


        • #5
          Originally posted by Stilltheone View Post
          Interesting...So,once they put the lien on the house, if we would walk away, they can't continue to "come after us" with a wage garnishment?

          Like I said, we are protected, for now. But, once we get off of food stamps, we still have 6 months afterwards to be "protected". Once that 6 month mark is over, they can go after us for a wage garnishment.

          How likely is it that my mortgage company will find out if there is a lien on the house? If they do, would they do anything?
          if the judgment was granted and the lien filed ....believe me the bank knows and IF they don't....the creditor will do a title search and find it.

          so, yes, sorry...they may be able to move the judgment if they put the lien against your house......OR...<PERK> you need to find out if they can "move" the judgment and apply it elsewhere...some states once the lien is in place there's no removing it and the creditor brought it hook, line and sinker...could be true..i hope for you!
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


          • #6
            Because the lender is in first lien position, they wouldn't have to pay the lien off unless they got enough money to cover it. If the judgment remains unsatisfied, it will stay on your public record and will need to be paid prior to buying another house.

            Comment


            • #7
              In the meantime, they will go after your bank accounts. Make sure you don't have much in there (and not more than you can afford to lose).
              Filed non-consumer no asset Chapter 7 on 7-12-10 after 4 foreclosures, 7 lawsuits including 2 deficiencies, 2 wage garnishments, a bank garnishment and a partridge in a pear tree. 341 held on 8-11-10. Discharge 11-4-10.

              Comment


              • #8
                Originally posted by SweetGeorgia View Post
                In the meantime, they will go after your bank accounts. Make sure you don't have much in there (and not more than you can afford to lose).
                yes, they are usually nasty!! however, there are SOME states that once a creditor has put a lien against the house...they can't remove it and go after you in another way....in other words..they can't get 20 liens for the same judgment.

                personally, i would check with your atty. i know in the state i USE to live they couldn't once they put a lien against a home...they brought it hook, line and sinker...they couldn't do a wage garnish with the lien still sitting on the house.
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                • #9
                  The lien goes with the house. The Judgment goes with you. If you are fortunate to have the Judgment satisfied if/when the house is sold, your Judgment has been satisfied. If the Judgment does not get satisfied or for some reason the lien is set aside, they can go after you some more.

                  In our state FL they cannot garnish up to $500 of the head of household income. Check your state exemptions on Judgment collection.


                  Here is an example, we had a $1200 Judgment against a person who attempted theft of my Mother's estate. We levied on her car, had it sold at auction, purchased it for a net of $700 but the car was worth $6500. After expenses, only $8 dollars of the Judgment was satisfied, so in theory we could do it again, and again, until our Judgment is satisfied. We in practice just let it go as our "pound of flesh" was satisfied. We drove the car for four years. 'Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                  Comment


                  • #10
                    Originally posted by AngelinaCatHub View Post
                    The lien goes with the house. The Judgment goes with you. If you are fortunate to have the Judgment satisfied if/when the house is sold, your Judgment has been satisfied. If the Judgment does not get satisfied or for some reason the lien is set aside, they can go after you some more.

                    In our state FL they cannot garnish up to $500 of the head of household income. Check your state exemptions on Judgment collection.


                    Here is an example, we had a $1200 Judgment against a person who attempted theft of my Mother's estate. We levied on her car, had it sold at auction, purchased it for a net of $700 but the car was worth $6500. After expenses, only $8 dollars of the Judgment was satisfied, so in theory we could do it again, and again, until our Judgment is satisfied. We in practice just let it go as our "pound of flesh" was satisfied. We drove the car for four years. 'Hub
                    Check your state exemptions on Judgment collection.
                    this is the KEY factor in determining what your next step should be...it is apparently just by what has been posted, that is varies from state to state with respect to to judgments.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                    • #11
                      Credior FINALLY filed against husband and I on Monday. Still haven't been served, but court date is scheduled for Dec. 2.

                      QUESTION---

                      How are they going to go after my bank account? What do I do? I NEED a bank account.
                      Filed Chapter 7: 3-22-08
                      341 Meeting: 5-15-08 It went great!!!
                      Last day for objections: 7-14-08
                      Discharged and Closed: 7-21-08

                      Comment


                      • #12
                        Originally posted by Stilltheone View Post
                        Credior FINALLY filed against husband and I on Monday. Still haven't been served, but court date is scheduled for Dec. 2.

                        QUESTION---

                        How are they going to go after my bank account? What do I do? I NEED a bank account.
                        it will depend on how quickly the court will grant the order to attach to your account. unfortunately, it's usually quick.

                        don't keep anything in the bank...use money orders and cash...or they will keep attaching when they can, if they chose to go that route...since they cannot go for a wage garnish...it may be in your best interest to do this...or at least this is what i would personally do, if i were in your situation.

                        i would go to the dec2 court date...explain your situation to the judge and say...judge..we have nothing...filed bk..i can pay these snakes $50 a month...is that ok?? please...and cry, be sincere...and show the judge you bk etc.

                        many times the judge will ask the creditor to work with you under the circumstances...anyway...that is what I WOULD do...only if I WERE YOU...

                        best of luck! sorry this is happening to you..
                        Last edited by tobee43; 11-10-2010, 03:43 PM.
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                        • #13
                          UPDATE---

                          My mom stepped in and decided to take out a loan to pay this creditor off for me. She didn't want a lien on our house because our mortgage companies are a bunch of jerks. So, my mom stepped in and saved the day. Went and paid it off in full yesterday and am just waiting for the dismissal from the courts.
                          Filed Chapter 7: 3-22-08
                          341 Meeting: 5-15-08 It went great!!!
                          Last day for objections: 7-14-08
                          Discharged and Closed: 7-21-08

                          Comment

                          Unconfigured Ad Widget

                          Collapse
                          Working...
                          X