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

Now unemployed, means test, and mortgage note on door ..

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

  • Now unemployed, means test, and mortgage note on door ..

    Okay, so I get home from work and there is a business size card on my door. It simply says "A personal call was made to your home today. You should call immediately". Handwritten on the next line was my mortgage servicing company and a 1-800 number. My name was handwritten on the back.

    What the ?????

    The story. I have not made the mortgage payments due 10/15 and 11/15. Last paid was 10/15 for 9/15 late payment due. At that time I was not thinking bankruptcy. Wish I had not even made that last payment. This is all for my 1st mortgage. Fast forward to today. Just cannot afford expenses (over 110K unsecured) and home mortgage (1st, 2nd, heloc) and just found out that tomorrow (Thur 11/20) will be my last day at work. Yup, joining the unemployed crowd. I stopped paying all cc and mortgages last month and hoped to file after 90 days.

    Here's where the means test sucks. I was unemployed first 2.5 months of the year. I've made appx 60/hr gross on a contract the last 8 months and now I am unemployed again. Based on the means test, for my last 6 months, I make about 120K a year when I've really only made about 78K the entire year. Anyway, I have retained a lawyer and paid half the cost already. Will be seeing her again next week.

    Just wondering if anyone has had a personal visit to their home by someone from their mortgage servicing company when I am only 2 months late. I live in Northern California and my 1st mortgage is thru a local credit union that already sold the loan to an Illinois servicing company. The local CU still collects my payments on behalf of the mortgage owning company. I had planned on filing BK in Jan or Feb after 90 day wait and will be giving up the house but hope I can still live here rent free for about 5 or 6 months while I look for another job. Sure wish I had CW or Chase or Citimortgage or BofA or one of these other mortgage places that's backed up and taking 8-12 months. Seems my local CU is moving quickly and I'd be lucky to be here another 2 months. They also sent a certified mail on Fri. Wasn't home. Went to the post office Sat to get mail but post office lost the certified mail. Amazing.

  • #2
    Calif is a Judicial Foreclosure state you have about 6 months 120 days after they start. then the BK will hold them up a bit.
    you have time so relax as best you can.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


    • #3
      Originally posted by TEW View Post
      Calif is a Judicial Foreclosure state you have about 6 months 120 days after they start. then the BK will hold them up a bit.
      you have time so relax as best you can.
      Thanks. Not gonna be easy in the next few weeks/months with the unexpected unemployment. I expected to get a notice of default after I miss the 3rd payment next month so I was surprised about the personal visit. So is it about 120 days from the time of the notice of default? Certainly hope I can stay here another 4 months rent free.

      Question for anyone .. I have been getting tons of calls since I stopped making payments on all cc and loans around the middle of October. I want to wait 90 days after last CC use before filing BK and that won't be till around Jan end. Since I have already retained an attorney, is it wise to already refer creditors to the attorney? Maybe the CC and the personal loans but the mortgage? Especially the mortgage? Should I refer them to the attorney? Wouldn't that accelerate the foreclosure process? Again, I want to stay in the house as long as I can especially now that I am unemployed and essentially broke and will be living on unemployment benefits till I find another job.

      Comment


      • #4
        Change your phone number.

        Concentrate on your future, rather than the past. You have plenty of time of free rent.

        Comment


        • #5
          We have had the second lienholder on our primary residence do this three times - Quicken Home Loans. Our house is also in Northern Cali, first payment missed was May this year.

          We actually have two homes that we will be giving up, 4 mortgages totalling about 906k, interesting to me that the smallest lienholder is the one who did this.

          IndyMac 1st 318k - 1st missed July
          Countrywide 2nd 100k - 1st missed June

          AmTrust 1st 423k - 1st missed May
          Quicken 2nd 65k - 1st missed May

          None of these lenders call us at all! No foreclosure process has been started by anyone and they won't do Deed in Lieu of Foreclosure - no one wants the houses!
          Last edited by Trixie007; 11-20-2008, 02:08 PM. Reason: include numbers
          BKForum Blog: The Journey

          sigpic

          Comment


          • #6
            What I don't get is that do they really expect me to open the door for a stranger and invite them inside for a cup of coffee while they ask me why the hell I've missed two payments while ignoring their phone calls?

            Trixie, did you answer the door? I wasn't home when they came and probably wouldn't have opened the door unless it's the mail man, fedex or ups.

            Comment


            • #7
              You never know who left the note. Did you call to confirm it was from your servicer? There are tons of companies that have access to data on homeowners who are late or just became late. They buy it from credit companies. They could be marketing for your business to refinance on the new Hope for Homeowners program insured by HUD or they could be trying to offer assistance in securing a loan modification. I would assume it would be too early for a BPO. Maybe google the 800 number and see what comes up?????
              Last edited by BassBoy; 11-21-2008, 12:11 PM. Reason: took out advertising (Minny) -- Removed "Real" name (BassBoy)

              Comment


              • #8
                Thanks Sequoia. I did call the 800 number and googled it and it is indeed the morgage servicing company based in Illinois. Maybe they had the local CU send somone out since I got the loan thru my local CU, make payments to the local CU and they forward it to the Illinois company since they sold them the loan. I did not want to call at first because I did not want them to see my cell number (even if your number is blocked, as mine is, dialing 800 or 888 or 866 toll free numbers will legally unblock it to the receiver). So I dialed using Skype and confirmed it was them.

                I may just talk to the local CU and mortgage servicing company next week and tell them straight up ..... yes, I've missed two payments because I can't afford the payments anymore. My house is 150K upside down. I am broke. And now I am unemployed. And oh, by the way, here's my lawyers number as I am filing for BK.

                I just want to be able to stay in the house till March next year.

                Comment


                • #9
                  Honestly, I would not tell the mortgage co. you are filing for BK. Just field the calls the best you can! It's hard at first, they know what to say to get to you. Just say, "I am working on it", "I hope to be able to make a payment soon", whatever to get them off the phone. Now, for credit cards, just give them your lawyers # and they will stop calling! That was the best!! I didn't want the mortgage co. and my car loan to speed up their process if they knew I was filing. I don't know if they would have but I wasn't chancing it. We stopped paying our mortgage in Dec 2007. My mortgage is $605,000 and $5000 a month. My house finally went to auction in October and now we have to be out in December. We lived the entire year rent free. We didn't even pay the homeowners insurance! It took them 8 months before they came for my car which I gave them. You will get used to all of this and you can wait to file so your income has a chance to average out to fall under the mean which really is key. I can't answer anything about filing 'cause we haven't even done it yet but I've been through almost everything else this year!! And survived!! And am OK!! You will be too!

                  Comment


                  • #10
                    doghouse
                    You should not have a problem staying there until March. You do not have to talk to them unless you want to.
                    My mortgage company asked if I would stay in the house until they ask me to leave.
                    Chapter 7 07/30/2008
                    341 09/17/2008
                    Discharge 11/21/2008

                    Comment


                    • #11
                      Originally posted by Doghouse View Post
                      Trixie, did you answer the door? I wasn't home when they came and probably wouldn't have opened the door unless it's the mail man, fedex or ups.
                      Two times I was not at home. The third time I got lucky, and was in my home office on the second story of the house. When they knocked I looked out, saw the car with some kind of sign on the door that I didn't recognize, so I just didn't answer. I found the door hanger a bit later.
                      BKForum Blog: The Journey

                      sigpic

                      Comment


                      • #12
                        Thanks all. The unexpected job loss just accentuated my worries. Since I stopped paying all cc and mortgage last month, I should be able to survive on unemployment insurance till at least March (thank goodness it is 450/week in California).

                        Yeah, I guess maybe I shouldn't tell the mortgage company that I am filing for BK. Don't want them to accelerate their process. In fact they had sent me a hardship document for some kind of loss mitigation help and I am contemplating whether to fill it out and send it back to them to at least stall them a little bit longer.

                        Trixie, looks like I'm going to have to look out as well when I hear a knock on the door now that I am unemployed and will be home more. Still don't know why they think I'd have a chat with them at home if I am ignoring their calls and letters.

                        Comment


                        • #13
                          Honestly, I don't think it's your creditors at your door...I don't think they're allowed to do that-there are strict rules about what they can and can't do to collect a debt. I had five knocks on my door in 11 months and none were creditors. Two were real estate agents offering a way to save my house, Two were the people hired to pick up my car, and the last one was this amazing guy who acts as a liason between the bank (who now owns my house) and me- He is sooooo nice and worked out a "cash for keys" deal with us for vacating the house. I have almost 800K in all combined debt and no one ever bothered me more than that. I've had a couple of court dates too with creditors suing me (Target Natl' Bank), no biggie, nothing happened. They can't get what I don't have!!
                          I can't believe I've survived all this and I don't even have an ulcer!! The scariest part of this whole year was losing the house and finally having to leave. Two kids who are sorta old enough to understand a little and you have to stay "up" and positive for their sakes. I don't want them to be scared or feel unsure of things.
                          You will be fine and you'll get used to all of this and you'll find a level of acceptance and comfort. Good Luck!

                          Comment


                          • #14
                            Creditors can come to your home during "reasonable" hours to try and collect. Capital One Auto Finance started doing it just before I quit working for them. Breaking kneecaps, however, is not allowed!

                            Comment


                            • #15
                              I don't believe it was actually the creditor at the door - I believe they just hire some sort of courier service to drop off the notice asking you to call them. I suppose just the shock value of it might make some people call.
                              BKForum Blog: The Journey

                              sigpic

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X