Daughter filed BK7. House went into foreclosure and Wells Fargo filed to lift stay. Court hearing is tomorrow morning. We (DH & I) paid amount to bring payments current (& all fees) to get it out of foreclosure. We know Wells Fargo's atty's received $ on Monday. I was hoping something would show up on Pacer that says the court hearing is cancelled but nothing has changed. Of course 3 phone calls to daughter's atty have gone unreturned. I'm wondering will Wells Fargo still go ahead with the hearing to have the stay lifted even though the mortgage should be considered current? What if my daughters attorney doesn't get back to her about this, should she (my daughter) go to the court hearing? IS NOTHING EVER EASY??????????
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I hope your daughter attended that hearing with proof of current payments.....
Hopefully Wells Fargo will not accept the payments and then still foreclose on the property......
No, nothing in life is easy...... lots of things have their pitfall....
Let me know what happened......
Wish I had seen this posting sooner....Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different. -
Daughters Atty filed motion with the court (per Pacer) yesterday that said payments are current, etc. I know that Wells Fargos Attys got the money on 1/28 so atleast they can't say they didn't. Atty told my daughter she didn't have to go to hearing this morning which scares the c**p out of me. I keep looking on Pacer hoping there will be something there that says everythings ok. Wishful thinking I guess. I hope Wells Fargo doesn't just say gee thanks for the $8000 + dollars and guess what were going to take the house anyway. Can the court tell Wells Fargo they have to reaffirm her loan since it's now current? (Wishful thinking again perhaps?).Comment
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One thing is for sure, in a Chapter 7 you MUST BE CURRENT on all payments on homes/autos if you plan on keeping them...... required!!!
Of course Wells Fargo could refuse the payments as they were late..... and go ahead and foreclose if they really wanted too.... but they want money, not the house.....
So she should be okay this time......
In a chapter 13 you can be behind on payments and they would be worked into the repayment plan......Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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Thanks Minnymouth, I appreciate your insight. All of this is so hard because I'm on the west coast and my daughter lives in TN. It's a funny thing, she is so smart, graduated from #1 nursing school in the country but when it comes to everyday things (such a finances), I'm amazed at how clueless she is sometimes. I wish I had of taught her about finances when she was younger. Guess I figured she just "get it". I also wish I'd known three months ago about this forum and the people on it like yourself who are so helpful and encouraging. I would have helped my daughter do alot of things differently as far as the bk7 goes. This forum should be a requirement for anyone even thinking remotely about bk.Comment
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