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chapt 7 -Greentree thinks it is joint owner filing & they don't make payments- Help

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    chapt 7 -Greentree thinks it is joint owner filing & they don't make payments- Help

    Advice Needed... I have already to been to 341 hearing.. .All went well - please everyone don't be scared it only takes 5 minutes it is Quick... I went to it day after chemo for cancer. I filed pro-se...I filed emergency paperwork and got rest filed within allotted 7 days between radiation. But trustee didn't see paperwork where I had a house in NY having over 80,000 in equity. The joint owner does not pay... files NSF checks.... and really only tried making one real payment since I filed (we have NO contact and will NOT ever again- I only filed due to house)... they throw all the mail from Greentree away. The trustee said they would contact the co-owner and see if they could buy me out... I KNOW for SURE they can't.... they are getting a car reposed.... behind in taxes etc... 500 credit...they want to pay here and there if at all or bounce checks to greentree and stay in house and on property forever without paying. so, here it goes - I need your advice - or just friendly gestures


    Complicated situation (sorry - but I am battling stage 4 cancer). I filed for Chap 7 pro se in Indiana after leaving a home I own with a codebtor in New York (had to leave this person committed violence against me during my treatments and I even got a Domestic Violence Order against - so while it was in effect the codebtor who I gave my last penny to pay the mortgage I found out had not been paying it

    They also illegally signed my name for a HARMP modification (I have contacted NY Bank Commission on this as Greentree will not release documents - but I have paperwork with my name on it thanking me for signing requested docs). same old thing they sign my name to ANYTHING they want even though I haven't lived there in over a YEAR!

    We have been late over last 3 years while I have been battling Cancer - (this person has a Post Office job and if wanted to could pay but has a drinking/other addictions where their money is spent and the mortgage and car loans are not necessary to pay they believe (this I found out the type of person who just takes out loans etc and Never paid in their lives even if they can) I can't count their bounced checks and credit collections and repossessed cars!

    I moved to Indiana and filed for Chap 7 early Sept pro se myself... I had to filed paperwork in 3 different stages but within 7 days allowed - do to health treatments - I went for initial emergency filing ... so originally it was placed as a no asset case. Which there IS easily over 80,000 equity in joint owned property. I have not lived there in a year and they have made sporadic payments. The trustee said they were going to see if they could buy me out... but I am SURE they cannot - as they have a 500 credit score and are also late on a huge car payment and had a credit card closed down (300 limit) and they are at 600 over limit on the one credit card of 500 they have l left.

    The very day I filed - they made one payment and put in for one payment (this was after missing 4) and the 2nd payment bounced... they then made a payment 45 days later (I guess to cover NSF check) and recently paid another payment... but still they are 60 PLUS days behind.... this is all happening while I am in Chap 7 and I filed I am surrendering property.

    The mortgage servicer Greentree (sent me a letters in Indiana - with persons name on it -the same one I have a Domestic Order against) asking if I would reaffirm mortgage and had my BK number with the OTHER person's name - thinking I was the lawyer and they are the one filing Chapt 7. They then sent a paper in the persons name asking for a deed in lieu of foreclosure in this person's name to my address. Finally, I got a letter from a Greentree Attorney asking the court for a lift of automatic stay (this is a manufactured house on permanent foundation and has a huge amount of property Greentree used as security for loan in a "ritzy area" . Greentree is Also unaware taxes have not been paid on it (they will be close to 20,000 by January 1st)...


    I am getting close to discharge in early Dec (remember it was ME and not joint debtor filing chap7 and they cant refi).... I havenapp't heard anything else from Greentree Lawyer or Trustee about what will happen to property since there are back payments and 20,000 in back taxes due... will they FINALLY move to get this person out of my HOUSE before I finish my chemo/radiation in next few months???? or they wait until the county sells it for back tax auction next year in October???? I want this Person gone out of my House and life... I expect NO money from sale... I know Greentree / taxes/trustee will get it all (that I OK) but when WILL THEY MOVE TO SELL/EVICT THIS PERSON???

    thanks all... don't be worried filing pro se wasn't hard ... just complicated... read the deadlines and make copies of Everything... you will be fine!

    #2
    None of us can anwer your question. Depends on how fast Greentree moves and how long the foreclosure/eviction procedure takes in NY.

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      #3
      I really have nothing to add. It does really rely upon what the Trustee wants to do, if there is actual equity to be had, and what Greentree will do. Do you know if the MRFS (Motion for Relief From Stay) was granted or the did the Trustee object to the motion? That would be the most telling!
      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

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

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