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Car and house situation still up in the air

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    Car and house situation still up in the air

    i already filed my petition, but I haven't turned in the schedules yet. It's mainly because I'm still unsure what to do about my house and vehicles. I'm open to suggestions.

    First of all, all 4 are current. My house and 2 of my cars are with my local credit union, with whom I have a visa debit/checkcard. It's very convenient. I recently opened an account with another credit union. I really like the first one because it has a lot more services and it has been very nice to work with, but if I surrender 1 or both cars i believe they will close my accounts. then there's my mortgage. I'm sure they won't be able to close my mortgage account, but what happenes? Will they sell it to another bank? It's a 2 year ARM that I just financed with them last December. What do I put on my schedules and when can i change my mind. Can I suggest that I will surrender to see if I can get some sort of deal. By the way there is little to no equity in any of the 3 nor in the house which needs a good deal of work (leaking roof, needs new carpet, very high energy costs).

    Now the 3rd car (bought in July through Capital One) is the newest, as it only has 24k miles. That is the one that I would like to keep but need a better deal on (8.45% for 5 years at $342/month).

    I was trying to sell one of the Credit Union cars before filing until someone told me that I couldn't sell property before my 341(10/31). I would only get about what it's worth.
    "If the truth ceases to exist, then so shall we all."
    DEEJ

    #2
    One question to consider, I think, is do you want to stay in the house with the problems that you listed? Do you think your prospects for finding a better place to live (rent for awhile) at the same or lower monthy payment would be worth moving? If so, you could choose to NOT reaffirm anything w/ the CU (since they would likely want you to reaffirm all or none anyhow) and save your $$ for the next few months of the BK process to move.

    I have no clue what will happen if you try to keep the house but not both of the CU financed cars. They could possibly foreclose on you, though I don't know if they will. (Seems a bit extreme and based on what you said regarding the house, they would lose $$ on the deal.)

    My best suggestion is to call the CU and talk to someone. Find out what they're willing to do. I don't believe they would get a full copy of your schedules,etc.-just the 341 notice-so they wouldn't know your intent unless you shared it with them. And, if its a small institution you'll possibly have better luck trying to work out something agreeable than I did with Chrysler & Mitsubishi.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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      #3
      How can they forclose on me if I am current on my payments? I'm pretty sure they will wnat me to reaffirm on all or nothing, but in NC i believe we have the right to continue to pay without reaffirming.
      "If the truth ceases to exist, then so shall we all."
      DEEJ

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        #4
        That doesn't mean the creditor has to allow it though. If you defaulted on one or both of the car loans, and they're cross collateralized, then you would have defaulted on all accounts-even the mortgage.

        Originally posted by djt
        How can they forclose on me if I am current on my payments? I'm pretty sure they will wnat me to reaffirm on all or nothing, but in NC i believe we have the right to continue to pay without reaffirming.
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

        Comment


          #5
          I know that the 2 cars are cross collateralized, but according to an attorney with whom I consulted the house is not. And I knwo that my loan papers say that I am in default of my car loan even if I just declare bankruputcy.

          Dear lord, what should I do now?

          I will definitely go talk to someone at my credit union tomorrow.

          OUCH!!!
          "If the truth ceases to exist, then so shall we all."
          DEEJ

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