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Discharged 1/08, still no sign of foreclosure or DIL

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    Discharged 1/08, still no sign of foreclosure or DIL

    Hi All, My DH & I filed chp. 7 in 10/07 surrendering our homestead & investment property (invest. prop. was sold in foreclosure sale prior to dicharge), we were discharged in 1/08, two more buy back payments to our trustee, and hopefully this nightmare will be finalized & closed. After a year of preparation and constant struggles with our attorney to act, & communicate on our behalf I feel we are finally nearing the end of this journey. Had I known of this forum, I'm certain the road would not have been so hard.
    Here's where we stand as of now. Our homestead with World is at a stand still. They have not done anything to proceed with foreclosure. I am receiveing statements (technically not bills, but from Wachovia now, same account no#) Also at the onset of our filing they violated the stay & proceeded to take out two auto bi-weekly mortgage payments regardless of court notice, my e-mails, calls & letters. Eventually with our Trustees advise (& against our BK att. - at our 341, our trustee directly told us to close our account, & looked at our BK att. and asked her what she was doing about the sitation?)We were only reimbursed for one payment. NOW since the bank has yet to proceed, my attorney is interested in using this missing reimbursement (10 months later!) as a ploy to find out what their intentions are with the property. Why could they be dragging their feet? When I called them months ago, they said they were waiting for our trustee to release the property. Our BK att. say's that not right and they are technically violating the stay/injunction. The bank also filed a claim prior to our discharge. Should we be looking out for any signs or flags of caution now? I'd hate to think my BK att. has been remiss in something. WHAT'S the deal with the 1099 b-c?
    At this point we are also currently negotiating my outstanding bills from BK att. We have paid her 4,600.00 to date with another 2,400. 00 due (we signed an hourly contract). She has amended our schedule 3 times without our approval. We agreed to a counter offer of 650.00 if she follows through with World/Wachovia & gets some answers as to their intentions. She recently received an order from the Court to Show Cause (in Sept.) because of excessive fees.
    Sorry this is so long
    We're grateful for Any help, oppinions or comments.

    #2
    Wow! Sounds like a twisted up mess.

    Let's try to tackle one thing at a time..........first, the foreclosure. Wachovia has had many problems lately and with that, it could be causing delays with proceeding with foreclosure. If your foreclosure is judicial, this can take some time, especially if there are many foreclosure in your county. Foreclosures are still coming in bunches these days.

    When you were discharged, the stay was automatically lifted so no laws broken when the banl said they are waiting on the Trustee, however the creditor can not attempt to collect payment from you after discharge.

    The claim you saw is what all creditors have a right to file when the are assets to share. For example, part of your IRS refund is an asset and is turned over to the Trustee and is divided up to your creditors. The filing proof of claims is standard in asset cases. Were you an asset case?
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      We were discharged in Jan. 08, we had assets and the Bk att had arranged with the trustee a buy back. (although I have yet to receive one document stating this other then a e-mail with mutual verbiage between the trustee & att.) We have two more installments of 500. to settle the 3,000. arrangement. Oddly World told me they couldn't file a claim, although they did. The att says it doesn't matter.
      What's your thoughts on the show cause situation? I'm debating on going.

      Comment


        #4
        Check on pacer. See if everything looks good from that standpoint. If so, it is up to World. The foreclosure process is different in every state. In Georgia, I'll only have 4 weeks once Countrywide decides to do anything. Some states, it is almost a year not including any new relief laws.

        My lawyer told me I shouldn't count on anything more then 3 months (Countrywide files a motion to lift stay.......) but has a client that has been discharged for over 12 months and is living rent free. The banks have different accounting methods and have always gamed that system.

        If you do leave, you are still on the hook for any and all fines (like the lawn not getting mowed, HOA, your place getting broken into.....).

        Comment

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