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Wells Fargo served the vacant BK house!

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  • Wells Fargo served the vacant BK house!

    Dumb just got dumber.

    ​We filed Ch.7 BK in 2013, including the mortgage in the discharge. We walked away in June and moved into a rental home. The letters started pouring in from Wells Fargo, which we responded with 'the house is vacant, we've moved, we filed BK on it, we don't want it back'. Then letters started pouring in from their attorneys that they're going to take the house back and they want us out of there, then they put it up for auction, etc., and we responded with the same 'we don't care, we've moved, this was a BK house, it's empty, so take it.'

    What we didn't know is that after it didn't sell at auction, Wells Fargo sued us in the justice court for writ of possession. They served the empty BK house, purposely I believe because they HAD our new address information. The summons paperwork went under the screen door and sat there unnoticed. I didn't find out until the letter from the court was forwarded to my PO Box that we had missed the date and WF got a default judgment against us.

    I don't care that they took the house back. That's what I wanted them to do. My worry is that the writ of possession will go on record as an eviction and mess our credit and rental history up. This was not a true eviction (like, failure to pay rent to a landlord), but I don't know if landlords would distinguish it or even care to ask, just auto-reject an application. I think if it shows up on record it can be disputed like any other credit reporting.

    This really chaps me. Once the mortgage was discharged, we should have been able to pack up and leave and never worry about it again. These guys are making this very personal when it shouldn't be.
    Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

  • #2
    It isn't personal. Either there is personal property in the home, there are squatters or they are just being cautious in going through formal eviction as if the property were occupied. I bet the notice was to you and/or "current occupant" or some generic term like that.

    I can't tell you how or whether it will effect your credit report or ability to rent in the future. If it becomes a problem, you may have to explain the situation to future potential landlords.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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    • #3
      Yep, it was against me and "current occupants". I take it personally because they had our new address and only served the old one, keeping us from knowing about it. The house was in REALLY bad shape being nearly 100 years old and never updated. Someone was probably more than a little ticked that they couldn't get $45,000 at auction for it.
      Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

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