341 and we get this so-called "diligent" trustee

[pamkev]

I am so beyond happy for you and hubby.

I have been wondering where you have been and now I see what you have been doing. Enjoy your trip and have a few if your so inclined

[Resigned2BK]

Thanks, Valle. It was just crazy good timing. See, our atty decided to wash his hands of us months ago, kept dodging our calls months before that (just basic calls to ask about status!), basically had the secretary tell us a couple months back that we should just contact the Trustee ourselves for anything from here on out. Nevermind that he told the Trustee in the 341 that he was the contact for us. Anyhoo. And hubby was saying all the past week on and off that we need to check to see if we need to bother with a change of address, I kept putting it off, finally called the auto telephony system today. Good thing because the closing was exactly today! Uncanny, eh? I feel like 2013 has been like that for us. DH is finally getting his work heating up again, I started getting approved to work OT around Christmas at a job I'd been told we only get OT like 2-3 isolated weeks a year but the OT approvals just kept rolling in almost indefinitely making me busy but also making us a lot more than we were getting. Very nice, that! 2013 has been turning out to be a pretty good year. Sure needed that after 2011 and especially 2012.

[ValleYum]

Yay! So happy for you and yours!

[Resigned2BK]

CASE CLOSED!!!!!!!!!!!!!!!!!!!!!!

Our case finally closed today, August 1st, 2013. We filed January 10, 2012. 2012! Over a year and a half later, WTF. But thank heavens, I'd say you can't imagine how this feels to finally be able to restart my financial life again but y'all do who've been closed. LOL. Sorry for not checking in in forever. I got a job I started almost a year ago and I've been doing as much OT as I can. And in 2 weeks we all go on the first vacation we've had in 5 years. Things are going so much better in our lives now. I'll be unemployed soon (forced 100 day unpaid break between contracts) and I'm so looking forward to just having the time off to spend with my girls, play around with craft projects, get nested into the house rental we just moved in, and help with elderly family members nearby. Ahhhhh, this is such a wonderful feeling to have this chapter (literally and figuratively) close!

[ValleYum]

R2BK?? I have been thinking of you!! How are things going???

[tobee43]

well for the good, it's finally coming to a close for you and you can now move on and never look back. what an adventure, one i'm certain was so difficult, but you did it!

[Resigned2BK]

Update:

It turned out that our atty's sec'y was dead wrong in thinking that nothing major would happen until January at the earliest. We got contacted 2 weeks ago that everything was going through and in the process of being finalized and that we would need to be out in a few days. A vague few days left as a message. So we emailed and called and DH finally got ahold of them after a couple days (because they tell us this leading into a bank holiday weekend - DOH!) and it turned out to be something they want to finalize with us turning in keys on the 21st. Which we aren't sure will happen right then just because closing is supposedly "a few days later" which given their previous "a few days" remarks, could mean 10 days all the way to the 31st which is the buyers' official deadline according to the court supposedly. Oh, and we still have gotten zilch from the court about this, but our atty finally got information a few days after that message we got 2 weeks ago. DH found out from our insurance agent that we will be liable for any damage between a potential keys pass over and closing which we do NOT like (remember, these people had no problem whatsoever in antagonizing my cats minutes after I drove off during their inspection) and on top of that, the water and energy utilities also say that we are responsible for all charges until closing. So if we can't get them to sign off on taking financial responsibility without seeing signed closing papers, then they will not get the keys quite yet on Sunday. Ha.

At this point, I'm so glad we did move when we did. It turned out to be the right move and timing after all. We have about 99% of what we want to keep out of there. And they will get a nice happy mess of junk all over the house and garage since they are seemingly unwilling to offer cash for keys. We'd happily clean it up and get Good Will or whoever to drive their truck over for the stuff that isn't trash, but there's no incentive.

[ValleYum]

Gah R2BK!!! However, there is something to be said for a fresh start.

After 2 years of no payments, we are moving on the 9th. Even though I think we have another 6-ish months before the bank would be filing the Notice of Trustee Sale (with 3+ months before sale)-- among many other reasons, we found the perfect house in the perfect place that will allow our fur-kids with a reasonable deposit- so we decided to bail.

I hope all is well with you guys otherwise and that all the upcoming holidays are great! (((Hugs)))

[Resigned2BK]

Update:

Trustee filed an interim report (why we weren't notified about that and I had to drag that out of my atty's sec'y, IDK!) about 2 weeks ago. He hasn't set the sale date though. And from what the sec'y told me (which isn't firm because she's not 100% understanding a true prediction of the case in question here) is that the house would be finally sold and done a minimum of 90 days from a date of sale set by a BK Trustee. So end of January at earliest. We filed our BK on January 10th and we won't even be closed until probably Spring 2013!

And because of my attys seeming unwillingness to be available to talk about important things like WHEN TO MOVE, we are spending over $1300 a month on a place we likely could have got into no prob early next year. Looking at at least 5 months worth of rent that we didn't need to pay because we jumped too early. Thanks a lot. I'm sure we could easily win a Motion to Abandon against the Trustee at this point, but we spent almost all our savings securing an apartment because we thought those hearings in July and August meant the house would be gone forever soon after August!!!

And that concludes this installment of the BK from hell.

[joshuagraham]

Thank heavens I finally started a full time job last month -- even though it's really bottom basement pay. It's marginally better pay than McDonalds. It's so fun almost being 40 and feeling like I'm a teenager with my earning power.

Looking at working for 1/4 my previous income, I understand. Retired on a limited early retirement draw down, I feel like a college student again (although this time, I buy quality microbrew beer rather than Milwaukee's Beast.)

[jcsawyer]

Boa move fast yea right and i have a better chance of winning the lottery! Thats why we filed chapt 13 last month is because we got tired of the games they love to play! Possibly give a mod but find some craptastic reason to deny it after weve made the trial payments! I do hope things work out for your family i cant imagine the stress you are under. I know with out a doubt i could not hold up to the stress as my MS doesnt allow for it!

[Resigned2BK]

We still haven't seen anything spit out by the court and it's been a week now. Usually they are pretty johnny on the spot with mailing stuff to us. So who knows what that all means....

[Resigned2BK]

So out of curiosity, did your 341 take place in Seattle or was it south?

downtown Seattle

[clunk]

So out of curiosity, did your 341 take place in Seattle or was it south?

[Resigned2BK]

The deadline for the second motion from the Trustee was Friday (deadlines scheduled 1 week before hearing date). Funny thing is, BofA sent a certified envelope last Thursday. We were thinking surely this is them pulling the trigger on foreclosure. Nope, just them once again sending us modification documents and the address for the assistance center in downtown Seattle. There's also been no actual approval of any of this by BofA yet. We thought there had been back in early July when the 1st motion to force the sale was set by the Trustee for later in the month because we saw the price BofA was willing to go down to ultimately which was $20K less than what was offered by the Russian family. But then DH spotted something in the documents that indicated that BofA had not approved any of this at all and they are still sending us mod docs, so what are we to think??? Sounds like all this could end up falling through after all to where we wouldn't have to leave our house. Grrr.

We would've played chicken with the Trustee too, but we have continuity of schooling to consider for the girls. So we are leasing an apt and are gradually moving. We had the big push of furniture a week ago and today I'm going to try to get the furballs moved over. The kids love the new apt and have their room all tricked out. We're (the adults) are getting used to it. It's on a much busier traffic road, the neighbors can be noisy, and it's kind of upscale ghetto. DH got the girls registered at the school on Friday and they get to start after Labor Day.

I also started a new better job last week. It's $900 more per month earnings (although the job I left had a lot of mandatory OT that would have kicked in soon) and more importantly it's actually more back in my original industry which is good. Plus it's a pretty casual work environment -- flexible scheduling, wear sweatpants if I feel like, the coworkers are very laid back, etc.. It was pretty funny when I was in the process of quitting the call center job, even my supervisor was like, "Oh, that is a nice job!" when I told her who I'd be working for. LOL.

So who knows about the house. I would assume that since BofA has not approved anything, the Trustee cannot force them either. Because it's BofA's property, not ours or the Trustee's. Oh, and DH almost got served on Wednesday! He was pulling in to the house driveway, saw the out of place car parked on the street, saw the guy start grabbing paperwork from the passenger seat, and then he peeled out and got out of dodge. We didn't see the process server since, but we did get that certified letter the next day, so maybe it was someone BofA contracted? Who knows.