TODD - Question???

[Minnymouth]

In my Chapter 7 where the Trustee took my mobile home, the trustee had to petition the court to disolve my interest in the mobile home and to take it to resell.
Now, does the bank have to "foreclose" on the land/ mortgage before they can take it and sell it?

The bank refused to sell my land back to me at FMV....
We asked them "what" they wanted for it and they still refused to sell it to me.... They will NOT let me buy my land back.

Minny


Minny

[sunshine08]

Does the bank hold the mobile home and the land together or is it separate? We have a modular and I did land home package. The insurance company sold us a homeowners policy, we had one year to put a solid foundation on it, we brick underpinned ours and also brick underpinned a large deck.
The moral I guess is they could repo a mobile home if the land was not included.
I wish you all the luck getting this mess straight. Boy does that trustee have his panties in a wad to be so heartless and annoying. You are in my prayers.

[Minnymouth]

My home is a modular, embedded in a 8" concrete slab and underpenned with concrete blocks.
Bank only has a lien on the land - they forgot to take their lien on the mobile home....... that is why the Trustee can take it and sell it.
Its a mess and don't really know how to straighten it out. Surely no help from my lawyer..... HE has been such a WASTE on this whole issue.
I feel like I have been "unjustly victimized" by the court because of errors that Professionals made.

NOTE: be sure you check your title...... make sure that lien is recorded on there. Some states do not recognize the land/mobile home deed..... Be sure it states on you mortgage land and mobile home......

Minny

[sunshine08]

Thanks Minny, I did that right after the company I purchased my modular from went bankrupt, (the person that was trying to buy it had a small problem, crack)and I tried to get some warranty work done, not. But I was luckier than alot of others were. I was only out a gas pack and few other "promises". There were a few out the titles, a couple families had liens on their properties because the subcontractors weren't paid, poor Lowes and the the salesmen too. So I checked then and again when I was following some of your threads about this. (had my paperwork out just the other day)
I don't know about other states or whatever, but I had the land etc. researched and have title insurance.
Minny, I truly hope you can get this mess straight soon with as few complications as possible, esp. considering all you have gone thru. SOme vinyl, cinderblocks, landscaping is not the home, it is the love and time you spent getting it like you want it.

[Minnymouth]

Thanks for the Kind thoughts, but it has all come down to the wire now.

My home and land will be sold at auction in December. I received the Notice the other day.

No matter what I have done, or tried to so has stopped it.

The Trustee did as he pleased, took my home, will sell it!

All because of "clerical errors" made 8 years by the Mortgage Company, Title Company and the Bank.

I have lost an $80,000 investment over 8 years. Lots of hours of hard work in improvements and getting it ready for retirement. NOW MY RETIREMENT is going to be a thing of the past....

The only secured creditor was the Mortgage Co. and they will also get 50% of the sale of the home and they are the very ones that created the clerical errors.

I walk away with the clothes on my back, a few personal belongings and "my girls".....

It still amazes me that the Court can take something from someone else and sell it as MY ASSET.

Remembr the title wasn't even in my name - had never been recorded and had no liens against it.

I'm a very unhappy person right now, and very soon I will be told the vacate the premises.

My home/land has been taken from me by the Court because of 2-clerical errors created by the Mortgage Company. They benefit - I walk away with nothing!

Moving day will be hard, and auction day even harder, whichever comes first.....

Unfortunately, my Chapter 7 was the "one in a million" that would go wrong because of something.... and my filing bankruptcy cost me my home....

Most of you that have filed bankruptcy everything went okay and I'm really happy for you.....

Everybody deserves a "fresh start", mine just happened to turn in a "nightmare" during the process.

Now I sit and wait till they tell me to "get out"...... And gotta find a place to go.....

Wish me luck, I need it these days!!!

We are still going to try to buy back at auction, but don't know how high the bidding will go. May be out of our reach...

Of so, I've kissed my home goodbye....

Having a good day, aren't I?

Minny

[AAAArt]

Sorry Minnie, We all know how hard you worked and what you've been through. Sometimes it's difficult to know what to say and sometimes there is simply nothing to say.
Just know that figuratively we are sitting there holding your hand and crying with you.
On behalf of all of the forum....all our love.

[sunshine08]

I sincerly hope that you can buy it back at auction for alot less than you would have volunteered to buy it. I can't imagine how you must feel. I hope that you can get everything squared away to your benefit. You and your girls are in my heart and prayers and have been for awhile. I wish there was something that I could do for you. You have been a very big help to alot of folks here and we appreciate you. I know that isn't much.

[MRDEBTSTER]

Minny,
Can't you buy it back from the trustee without all the auction stuff?
You mentioned a title company, do you have title insurance on it? If so, isn't that the idea of title insurance?

I'm new at all of this, so pardon my ignorance.

Best of luck to you!

[Minnymouth]

We have tried to buy it back thru the Trustee and the Bank, they refused, said it would bring more at auction.
I paid for title insurance at closing (really wasn't explained to me at the time) but found out I purchased for the mortgage company . They fail to tell you about the "little details" of buying a home.

Yes, I'm a victim of "legal injustice"..... and nothing I can do about it....

They aren't worried about me sueing them, they know little ole ladies on fixed incomes can't afford too. So they feel pretty safe about their actions.

I'm not thru yet - I'm going after somebodys "jugular" with a chainsaw.

Were theres a "will" there's a "way" - and I will keep searching till I find it.

I'm sure Dateline, 60 Minutes would love to do a segment on this type of "legal injustic".....

Personally, I blame my lawyer for 95% of all of this.... he covered his own A***.... and threw me to the wolves.

Time will tell what happens here shortly.
My last hope is buying it back at auction, but I can only ask my "gracious friend" to invest so much.

Appreciate you thoughts and well wishes,

Minny

[jennga]

Minnie, I certainly have no advice, I just feel very deeply for what you are going through. Seems so darn unfair. You have been such an inspiration and source of guidance, just by reading you posts I felt like I learned what I needed to know about what I was going through. And now here you sit in this situation and I just want to go hit somebody for you ... Possibly your Trustee. I just kept thinking surely once then entire case was looked at and they could see that all this stuff happened through no fault of yours that it would be corrected and none of this would be happening. I guess I was naive and thinking someone as nice as you would have to have a good outcome. Makes me want to cry. I have kid, too, and so my heart and prayers go out to you. WHoever you are, where ever you are. I don't have a clue, I only know that Minnymouth of this forum is not getting a fair deal and I have come to love and respect you, so I will definitely pray for you because that it all I can do. Just know how much you are thought of.

[Minnymouth]

Thanks for caring and a prayer or two won't hurt at all!! I was told my another lawyer that I can appeal or file a motion for the court to reconsider my case -BUT - as the lawyer told me - the only thing the judge is really interested in is whether the title had a lien on it or not. He said a "sob story" wouldn't change the outcome of the Courts ruling. No matter who was a "fault".....

I hope these people "sleep good at nite"..... but of course I'm sure they don't... Most "leeches, snails, and creatures of vermon" come out at night.

Many have told me you can't 'TRUST" A TRUSTEE..... and they are absolutely RIGHT!! The Trustee is out to "line his own pocket (and he will make big bucks off me). I've heard them called "snakes in the grass" by many on this forum in the last couple of years. Some called them "the scum of the earth".

I have always tried to see the "good in people" but I don't live in a glass house either!! I have always lived in a very realistic world. This Trustee SAW DOLLARS SIGNS - and will not give an inch....

What "irritates" me the most is the very company that caused the probelm will benefit 50% of the profits of the sale. They will out bid me at auction, resell my place to someone else and re-coup and losses they might have had - PLUS make all the extra income that I have paid them over 8 years in principal and interest. I only paid $47,000 for my (thanks to a friend) and the bank has made $40,000 off me in the last 8 years in principal and interest. I had made many double payments on the mortgage over the years. If the Bank had agreed to sell the land only back to me at $13,500 they still would have made $5,500 profit... And I could have purchased the home from the Trustee.

But the Bank said "abosoutely not"!!! My lender (backer) was willing to pay FMV and they still said NO.... They forced it to auction saying it would bring more, thus I have to move out, then come back and bid trying to get my home back...
By them taking the land at auction they more then double their profits PLUS.

This is what makes me SICK!! The very people that caused the problem will benefit the MOST from it!!!

Thanks for the input,
Talking about it helps, thats about that's left that I can do!

Minny

[FoolAndHisMoney]

Minny, is any portion of this property exempt so you will at least get something? I saw you mentioned that you were discharged a while ago. Did your creditors file any claims? If they don't maybe you will get some money back.

Sorry I can't offer advice on this. As you mentioned before it's very, very rare this happens.

[babycakes]

What I don't understand is why you don't want to claim this property as yours and you want it to still to belong to the seller. I know the concept of 'how can they sell something as mine if it belongs to someone else'. But if it's yours, can't you exempt it? Why can't you fight that it's yours, show your proof of ownership, where you bought it, and the papers for the financing at the bank, and your payments over the past 8 years? And then fight to use that proof for your homestead exemption? I would try talking to the judge. Don't assume he is going to be against you. He could be the most compassionate person and be willing to listen to your attorney (atty friend too). I would listen to your case if it were me.

[Minnymouth]

Babycakes,
The title to the mobile home is still in the sellers name. I cannot prove in court that it belongs to me and that theirs a lien against it.
The mortgage papers with the mortgage company only show the land only.
My lawyer says "I have no case"!! OUtcome would be the same. Course I'm not so sure I believe what he says these days.

I talked to another attorney and he said that a another judge could look at the case (thru appeal), and he also would say "is there a lien on the title"??

I still have 2 weeks to file a Motion to Reconsider or a Motion to Question Court Order (the judges rulings).

I have 3 choices, I can tie all my funds up in filing motions with another lawyer (and face the same ruling), or I can try to buy back at auction, or sa
ve my money and SUE THE HELL OUT OF THESE PEOPLE IN COURT.

These lawyers, banks, trustees know your POOR, and would be extremely costly in court to try and fight it all and possible no change in the verdict.

My only hope is buy back at auction if it doesn't auction at high bid. We're hoping it don't. The damages will help, a previous fire notification will help, and the fact that someone died in this home will help. The age of the home will also help out and "hard to find financing" will help. Hope all this is in my favor come December 3.

If the auction goes high - 50,000 - 70,000 - I"m dead meat!!!

What we don't understand and can't understand is how they can take someone's asset and sell it as MINIE. Legally it still belongs to the seller since the title was never transferred or recorded. Nobody knew for 8 years.
Yet the court just brushed all that aside, said "asset" - SELL IT.

If I file a motion and get it back into Court at least the judge would know ALL THE FACTS OF THE CASE - not just what the Trustee told him in 3 minutes. (this woman has an asset - i need permission to sell it).....

I'm still looking for loopholes, or anybody that might help get answers, I have to file a motion within 2 weeks of today if I'm going to file it.

Sorry, don' mean to be so windy. Get started on this and it makes me CRAZY..... Right now if somebody made me mad I would probably KILL them in a blink of an eye and not realize it. I hate to be so full of vengenes (can't spell).

All I did was file Chapter 7 and ask the Court for relief and I got a "bankruptcy nightmare" - no thanks to my lawyer.....

Gotta run, a friend found some info, need to check it out. Hope its good news of some kind.

Will keep you posted,

Minny

[Minnymouth]

Babycakes,

My attornys attitude was "guess you'll have to find you a little apartment somewhere, dear"........ that's what he told me at the 341 meeting. This was while we were waiting on the Trustee....

Good attorney huh.....

Minny