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

Homeward/Ocwen/BK

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

  • Homeward/Ocwen/BK

    This is a weird story that I'm still finding it hard to believe it involves me.

    I filed for BK back in late 2010. I had never filed before and fought it as long as I could I guess
    due to shame,etc.,but it soon became too over whelming and therefore I just had to.

    Anyway I listed everything,foreclosures,debts,etc. At the 341 meeting the Trustee pipes up and
    claims there's a property listed on the foreclosures but I actually still owned it!! This property unbeknowing
    to me was Quitclaim deeded back to me. I had no idea as all I remember was a "recovery"company on the
    behalf of the bank came in and took all the belongings. I was served the foreclosure,everything. The only
    thing my attorney could figure was there was a mess up in the paperwork by the attorneys doing the foreclosure
    and so they Quitclaimed it back to me. Fast forward,the Trustee files an AP against us and agreed to drop it if we
    agree to not seek the discharge and the BK dismissed.

    Many of the credit card debts have reached the statute of limitations and I'm not inundated with all that many
    creditors, but this particular property keeps coming back to bite me. The Trustee ended up with the house. It does
    not show up in my name under the county property records, yet the Mortgage company.... was Homeward and now
    Ocwen is sending me statements. Now today I receive a certified letter from Ocwen offering me help to stay in my
    home!!! This wasn't even my primary.They want me to send in items to qualify for the HAMP program on this property.

    I could call my attorney,but frankly he is worthless and I get better advice on this forum.

    For some reason this property still shows up on my credit report so I don't want another foreclosure showing up on there,
    especially when it's no longer my property. I assume the Trustee has it now.

    Any thoughts would be greatly appreciated.

  • #2
    I'm confused. You say that the Trustee agreed to dismiss the AP if you agreed not to seek discharge and that the BK was dismissed. Then, you say the trustee ended up with the house. Did the trustee administer your assets or was the case dismissed? It is possible for you to be denied a discharge, but have the trustee liquidate non-exempt property and distribute the proceeds to creditors. If that happens, your case would not be dismissed. It would be closed after the trustee finishes administrating the BK estate. If the house is not in your name, whose name is it in? Did the trustee sell it?

    ETA: I just reread your post. You say you assume the trustee has the property. Do you mean the BK Trustee or the Trustee under a deed of trust? Don't assume anything. You need to look at the actual documents recorded with the county to find out who currently has title and what liens still exist.
    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!

    Comment


    • #3
      I'm confused as well. I would certainly follow Lady's advice and make a determination as to just who owns the property.
      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


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        Originally posted by justbroke View Post
        I'm confused as well. I would certainly follow Lady's advice and make a determination as to just who owns the property.

        Well that makes 3 of us so far! I am very confused as well. Frankly I was so happy that I did not have to
        go back to court, continue this hell my family and I were going through,etc. Now reality is coming back to bite me.

        As memory serves me:

        Filed BK in late 2010. Went to attorney and filled out all the necessary paperwork to file. Attended 341 meeting to be
        told that a property I had owned, and that WAS foreclosed on is still in my name. Came to find that house was Quitclaimed
        deeded back to me. I had no idea and when was told we looked on County Property Records site and saw indeed it was.
        The belongings left in the house were confiscated. My attorney was just cavalier and confused about it. So in essence this
        property cost me my discharge. The Trustee believed I was "hiding" this property and therefore filed an AP against us. I had
        to agree not to pursue the discharge and the AP would be dropped. So under the advice of me attorney I agreed not to further
        this,pursue the discharge. The AP was dropped and my BK was dismissed.

        Now this house I was led to believe belongs to the Trustee to sell or has sold to satisfy creditors. I just do not know.
        My attorney is a joke and was eaten up by this Trustee. I'm getting correspondence from the new Mortgage holder and I
        just don't want to suddenly get hit with a foreclosure that I know I do not own.

        Comment


        • #5
          The only thing that I can suggest is to see if you can get an attorney to look into this. It makes absolutely NO sense that it was actually foreclosed upon and then QC'd back to you. That would mean that you own it free and clear. There is something wrong with either the Title and/or the lien securing the property. There is no way to speculate about this or guess what the actual issue could be. The only way to tell is to examine the Title to the property. If you are in a State, like Florida, you can look up the ownership records online. You may even be able to inspect any recorded liens in your "keeper" of the records for your town/city/county/State.

          You may have had a judgment of foreclosure, but the foreclosure sale never occurred. That means that it was not foreclosed. This actually occurs more often than one may realize. You really need to inspect the title and the liens. If you do, in fact, own the property and you have a few hundred dollars to throw at the problem, you could hire an attorney to see if there is some issue. You may not want to use a bankruptcy attorney, but a real estate attorney for this. Attorneys have specialization for a reason.
          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


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #6
            Originally posted by justbroke View Post
            The only thing that I can suggest is to see if you can get an attorney to look into this. It makes absolutely NO sense that it was actually foreclosed upon and then QC'd back to you. That would mean that you own it free and clear. There is something wrong with either the Title and/or the lien securing the property. There is no way to speculate about this or guess what the actual issue could be. The only way to tell is to examine the Title to the property. If you are in a State, like Florida, you can look up the ownership records online. You may even be able to inspect any recorded liens in your "keeper" of the records for your town/city/county/State.

            You may have had a judgment of foreclosure, but the foreclosure sale never occurred. That means that it was not foreclosed. This actually occurs more often than one may realize. You really need to inspect the title and the liens. If you do, in fact, own the property and you have a few hundred dollars to throw at the problem, you could hire an attorney to see if there is some issue. You may not want to use a bankruptcy attorney, but a real estate attorney for this. Attorneys have specialization for a reason.

            Thanks so much for your response. I am going to have to hire a competent attorney that can help me on this.

            While I'm at it. So tonight I get a "credit alert" from "MY Fico" showing me that a new judgment has hit me!!!!

            As I never got my BK discharged a bank that foreclosed on a commercial property I owned now has told me
            that they would "settle" for $100 per month on a $97K deficiency or whatever ya call it. In 2 years they would
            re-look at my file. Tell me that ain't a power play by the bank and their attorneys!!!! So as my "attorney" advised
            me..."that's a good deal" I agreed and NOW I get a credit score alert that I have a new judgment from these S.O.B.'S!

            I have absolutely NO assets and everything I have...house,car. has a lien on it................since they now have a judgment
            against me....w/out ever telling me that would happen.............. should I continue to pay $100 per month? It's not a lot of
            money but damn now it is the principle. I've been through enough.

            Comment


            • #7
              I would hope that your attorney explained it to you and indicated that a settlement, while a lawsuit is already underway, may actually still produce a judgment. With all the confusion, perhaps the attorney did or did not mention it. You write that you have no assets, but then say that your car and home have liens on them. Those two properties are assets.

              If you stop paying, the judgment can be enforced in other ways including, but not limited to garnishment and levy actions. The extent to which this non-consensual lien impairs any exemptions you may have under your State's non-bankruptcy law is State specific. In other words, the judgment, if recorded as a lien and becoming a judgment lien, may not impact equity in your home or vehicle. (For example... in Florida, the judgment creditor could not attach the lien to your homestead.)

              I was not aware that you filed bankruptcy but had your discharged denied or revoked. Deficiency judgments are nothing to take lightly. This is why I will always ask why people allow things to go to judgment and not preempt or shutdown a significant judgment dead in its tracks by filing for bankruptcy "and" receiving a discharge of the underlying debt.
              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


              I am not an attorney. Any advice provided is not legal advice.

              Comment


              • #8
                Originally posted by justbroke View Post
                I would hope that your attorney explained it to you and indicated that a settlement, while a lawsuit is already underway, may actually still produce a judgment. With all the confusion, perhaps the attorney did or did not mention it. You write that you have no assets, but then say that your car and home have liens on them. Those two properties are assets.

                If you stop paying, the judgment can be enforced in other ways including, but not limited to garnishment and levy actions. The extent to which this non-consensual lien impairs any exemptions you may have under your State's non-bankruptcy law is State specific. In other words, the judgment, if recorded as a lien and becoming a judgment lien, may not impact equity in your home or vehicle. (For example... in Florida, the judgment creditor could not attach the lien to your homestead.)

                I was not aware that you filed bankruptcy but had your discharged denied or revoked. Deficiency judgments are nothing to take lightly. This is why I will always ask why people allow things to go to judgment and not preempt or shutdown a significant judgment dead in its tracks by filing for bankruptcy "and" receiving a discharge of the underlying debt.

                Hi JB- Could you help me out with something please? As mentioned above I did not get my BK Discharge
                unfortunately. Therefore a few past creditors have tried to come after me. It feels as if the nightmare is
                starting all over again. Anyway these are primarily collections for credit cards which are past the NC S.O.L.
                However there is a new collection that certainly has me nervous. It's for a second mortgage,home equity
                line I had with Chase.They are now coming after me for $70K! I know I'm going to have to speak with an
                attorney,but do you have any other advice? Thanks!

                Comment


                • #9
                  It sounds like you need to file again, disclose everything, and let the trustee sell it off, then you'll have your discharge for everything involved, home, CC, and second.
                  Filed Chapter 7 10-2008
                  341 Meeting 12-2008
                  DISCHARGED 2-2009

                  Comment


                  • #10
                    Originally posted by subking View Post
                    It sounds like you need to file again, disclose everything, and let the trustee sell it off, then you'll have your discharge for everything involved, home, CC, and second.
                    That will depend on the terms of the prior dismissal. It may be that those debts can never be discharged. ifucan, I think you should go consult with a BK attorney other than the one you used before. If you didn't know that the property was quitclaimed back to you, I'm troubled that your attorney didn't put up a better fight. When you consult with an attorney, bring copies of all the documents from your 2010 filing.
                    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!

                    Comment

                    Unconfigured Ad Widget

                    Collapse
                    Working...
                    X