Filing next week

[needafreshstart]

This forum has been great. I paid my attorney in full yesterday and meet to sign and hopefully file a chapter 7 next week. There are several issues that could force me into a capter 13, but the attorney feels it will be a chapter 7 and that's how we will proceed. The biggest issue is 2 secured mortgages on a house that will be surrendered. As other people have posted there are different views on whether you can include the secured payments in calculating the means test. My attorney said it is about 50/50 whether the courts will allow it, but we will list it and force them to object. My biggest concern is that the bank came in yesterday and changed the locks, I am assuming this means it is in foreclosure I haven't received any notice, not sure what the ex has received. Nobody's living in the house, but I did have some items left there.

[rilbrianne]

Yikes, I wonder if you can contact them to at least get the rest of your property out of the home. Watch out to see if they put it outside. I hope it works out for you. Keep us posted.

[Minnymouth]

Had you received foreclosure papers on the house? How late are you on your payments??? You said you have moved out of the house? Did you notify the mortgage company that you are surrendering the home and have moved out????

Did the mortgage company send you default papers in the mail and let you know that they were taking possession of the home? Did they send you eviction papes? If not, they have NO BUSINESS changing locks on anything!!!!

If you were in foreclosure, have been told to vacate the premises, then YES, they do have the authority to change the locks on a certain given documented day.

The day they take possession, you are no longer responsible for the home for insurance, property taxes, etc. You can cancel your insurance and get a refund back on the balance. Make sure that you only pay YOUR PORTION of the property taxes at the end of the year.

If none of the above has taken place, you have not been served papers to foreclose vacate etc, then they need to GET OUT OF YOUR HOUSE...........

You need to file BK as soon as possible and let your attorney handle this for you............before you have to vacate a judgement against you.

Keep us posted.

[needafreshstart]

I called my bk attorney and they checked and there is no foreclosure action. I have not talked to the mortgage company again not sure if the ex has or not. I was able to get over there before the garage door opener got unplugged and get into the house to get most of the stuff I had over there. What little is left they can have. I am at a total loss on how they were able to change the locks without notice.

[ChaserRu]

They can enter the home if it was vacant. They are allowed to protect their investment. They can foreclose on you just by not upkeeping the property. Banks change locks all the time if the home is vacant. They will also winterize the home and begin mowing the property, depending on the season. It is to protect the vacant home from further damage and vandalism, not to keep you out. They assume if the property is vacant and no one is paying on it then you are no longer dealing with and upkeeping it(usually correct as I know from my personal properties)

I used to be in that field and there would be occasions where someone would change the locks on the neighboring house because they got the address wrong, now THAT was a big OOPS.