will a bk judge even look at this?

[parenthetica]

I am disabled and live on fixed income. I am likely to 'win' my truth in lending case against my mortgage servicer, et. al, however, if an individual wins (Oregon) then they have to 'tender back' the net amount of the loan within 90 days---otherwise you lose. As I am in no financial shape to 'tender back' the $133,000, I am even willing to take an offered $65K for a reverse mortgage----then I was hoping against hope that a BK judge could force the bank to the table to pay off the remaining $68K with reasonable terms. Any ideas?-I am running out of time.

[AngelinaCat]

Hi parenthetica, and welcome to the forum. In order to try to help, we are going to need some more information. Are you currently in a Ch13? You put your post on the CH13 Board, so that is why I ask. Are you contemplating a BK if you are not already in one?

Any more details that you can provide will help the members help you.

[parenthetica]

Thanks for the reply----yes, I was contemplating a ch 13 if the judge would force the banks to the negotiating table----but I just got a call from an experienced attorney telling me to forget about it....oh well, another statistic I guess.

[despritfreya]

If you are attempting to effectuate a recision you have to put the parties back to where they were prior to the time of the transaction. You have to repay the amount "borrowed". If the amount borrowed was the $133k then that is what has to be paid back. The bk court (just like the state court) has no authority to force a settlement on the lender. You can negotiate and try to get the lender to agree to the $65k proposal.

Des.

[parenthetica]

Thanks Des,

At this point, these banksters won't negotiate anything----probably because Freddie owns the loan. They have spent in excess of $40,000 just to get to this point----no wonder Freddie is bankrupt.