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Meeting with my atty - good info!

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    Meeting with my atty - good info!

    I was scheduled to meet with my attorney today to discuss the motion for relief from stay my mortgage company has (erroneously) filed. Lucky for me it was the very nice woman associate I met with. Good gal.

    So as not to make this too awfully lengthy, here is some good info she gave me.

    1. Regarding the Motion for Relief from Stay filed by my mortgage company, she said that most mortgage companies are relatively disorganized - so motions for relief from stay due to (supposed) lack of payment is VERY COMMON. She said certain mortgage companies are notorious for doing these at the drop of the hat, with totally incorrect and/or outdated information (HomeEq was one she mentioned). She said that in most cases, the payments are up to date (or close to it) and the motions get dismissed once the mortgage company gets its act together and gets its records straight. She said it was a shame that this was how mortgage companies handle things - they are wasting their own money and legal resources instead of just getting themselves organized and making sure the left hand knows what the right is doing.

    2. I asked her why the other attorney was unwilling to amend/modify my plan due to an increase in my mortgage payment. Basically, she told me that if they extend the plan, it somehow would jack up the interest I would end up paying on all the debts and would ultimately cost me MORE money in the long run.

    3. In light of this, I asked her about a PT job. She told me that the general rule of thumb is that if you get an added expense (such as mortgage or something like new expensive medication you are required to take, schooling, etc.) they are fine with you taking a PT job to cover THAT expense only. In other words, my mortgage is supposed to go up $200. She said if I take a PT job, I should not be making $800 a month on it (ha ha, McD's doesn't pay that much anyway ) but only the $200 or so to take care of the extra expense. She said the courts are fine with this because you are "balancing out" an extra expense with extra income, not trying to live high on the hog while in BK. Of course, it still has to go through trustee and approval by court.

    4. I asked her about doing a deed in lieu if I couldn't swing the mortgage and - surprisingly - she told me that there should be more factors than just the monthly payment in that decision. She said "do you like your neighborhood? Do you feel safe there? Do you have a house that suits your needs? Are you close to work/family?" She said she felt that making a lifestyle change simply to solve one economic problem was not always the best bet in the long run.

    5. Finally, I had a claim/creditor I didn't recognize for over $7,000 show up. Surprise! This is from MBNA who wrote off that CC debt over four years ago. Somehow the debt has been sold around and whoever has it now (someone called D-Line LLC) got wind of the BK and got their claim in. I had quite a bad experience with a debt collector on that account a few years ago (another story, but an example is them calling my mother at 7:00 am one morning telling her I was in trouble, my phone wasn't working and she needed to get hold of me immediately to tell me to call them back...) and was told back then that the "debt collector" was not your true creditor and therefore, once the original creditor wrote off the debt, you might as well forget it and live with the consequences. Not so. The attorney told me that any creditor can come back, whether a debt was written off or not, and it was better it got in the plan now because if I had been discharged and then they decided to come after me (doubtful, in my mind, at this late date), they would still have a valid claim. Very strange.

    Hope this info is helpful to someone else. I was not nervous or upset about this meeting but it was nice to hear from the attorney "you are doing a good job, you have made all your payments and are up to date, keep doing what you are doing."

    #2
    Thats great, Lesa, glad to hear you came away with some helpful info.

    Comment


      #3
      Odd what the attny said about Zombie Debt Collectors being able to come collecting long after the SOL has expired on the original debt. It's been noted on here many times that those debts are dead. Not to be paid. Hummmm... Interesting info.

      About a part-time job,.......... Our son works at Wal-Mart and goes to college. They have been real good to work with his class schedule and his availablity hours. A week or so ago, we finally got around to getting our driver's licenses for the new state we moved to LAST year,.......... The gal at the DMV that did my actual data input and printing of my Driver's License recognized my last name. Asked if I was related to son. I told her I am his Mom. Asked her how she knew my son. She works at Wal-Mart. Part-time. Nites and weekends. Has for 8 years now. I told her they'd been real good to work with son's schedule. She said that was one thing that Wal-Mart is fabulous about. Working with people's schedules. That's a big part of the reason she's been there so long as a part-timer. Just an FYI for you.

      The things your attny mentioned as other considerations for keeping a house are definite factors in the decision process. Keep in mind too, if a house is a driving force in causing debt issues, that also has to be a serious consideration as well.

      Sounds like you had a great meeting. You were given lots of good info and advice, and lots to consider as well.

      Wouldn't it be wonderful if all attnys were like that??!!
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        [QUOTE=SinkingFast]Odd what the attny said about Zombie Debt Collectors being able to come collecting long after the SOL has expired on the original debt. It's been noted on here many times that those debts are dead. Not to be paid. Hummmm... Interesting info.

        Thanks for the Wallie world info. Good to know. Hey, do I get an employee discount if I work for them?

        I also always understood that if a debt was written off, even if it was purchased by a collection agency, you did not owe whoever purchased the debt because your original agreement was not with them, it was with the original creditor. Attorney said no, that when a debt is purchased, the rights to that debt and rights to collection go with it. So if this B Line LLC or whoever they are would give the judge whatever I signed so many years ago with MBNA, that would be enough for the judge to say, okay, now YOU are owed this debt. Seems wrong to me but I guess there is nothing to do about it. Also, I am sure it is still reflected on my credit that this debt was a write off but now I will end up paying it.....

        Yuck - I hate all this high finance!

        Comment


          #5
          Yep you do get a discount at Wally World. In fact, I carry son's card and use it there all the time. All he needs is the actual number and he can manually enter the info to get the discount when he makes purchases.

          WM gives employees a 10% discount that applies to most everything in the store. There are exceptions. Groceries generally don't get the discount, and some sale items. But, over time, that 10% does add up.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            I had a claim/creditor I didn't recognize for over $7,000 show up. Surprise! This is from MBNA who wrote off that CC debt over four years ago




            Please check the statue of limitations for credit card debt in your state. If this debt is past the SOL in your state( statue of limitation for bringing any legal action against you )then they wouldn't have a legal claim against you.

            In some states the sol is 3 years from dofd(date of first delinquency that was never made current) .Some states have 6 year sol's and anywhere in between.

            What what I understand, most attornies know very little about FCRA and FDCPA and how they protect the consumer.

            Make the debt collector prove his claim before you pay it. Send them a valadation letter. If it is past sol for your state, you can send them a letter effectively barring them from filing a legal claim against you.

            Creditboards.com has some good info on this. Do a search for Whychat's sol letter. and read up on the basics of credit repair. 7,000 is alot of money to pay if you don't legally owe it .

            hope this can be of some help

            Comment

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