top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Can my bk atty give me foreclosure advice?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can my bk atty give me foreclosure advice?

    Are there atty's that specialize in foreclosures or should a bk atty be able to handle all of my issues and questions? I feel like I have so many questions and I want to do the right thing and I just don't know where to turn anymore. My current bk atty (that I have not retained, although I offered to) told me that b/c I am moving shortly (and not filing for at least 5 more months) won't be able to represent me. So now I have to start over and find a new atty. I'm sure to have tons of questions between now and when I move (which could be a few months) and before I file. So as of right now, I have no one to call with my questions and issues keep coming up. I'm losing it here.

    Is there a good book even that I can read concerning bankruptcy and foreclosures and such? I feel like I'm caught on a river in a canoe with no paddles and I'm going down. Someone please help!
    11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

    #2
    More than likely, BK attorneys can answer almost all of your questions pertaining to the foreclosure of your home. BK attorneys have the experience in dealing with foreclosures/surrendurs that they know what you should expect and can explain what will happen, what you'll receive and what it means and what you'll need to be concerned about. You should not need to seek seperate advice from another attorney.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      Originally posted by DivorceRuinedMe View Post
      Is there a good book even that I can read concerning bankruptcy and foreclosures and such?
      Since you aren't filing without a lawyer, you don't necessarily need the two books that we recommend to help with that. For a good general book about personal bankruptcy that includes information about foreclosures, try the book "Personal Bankruptcy Law for Dummies" at http://www.amazon.com/Personal-Bankr...6828143&sr=8-4 . I love the Dummies books - they are written in a straightforward, down-to-earth way that makes understanding something very complex like bankruptcy much easier. Please let us know if you decide to get it and if you find it helpful.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Are you perhaps changing States in the move??

        If so, BK attnys in the new State can help with the general basics of Foreclosure, and they can indeed handle the Surrender of your home. But there may be some State specific issues that might add a bit of complexity to your particular case.

        In a different State, BK attnys may not be able to address Statutes or Codes that are specific to the State your property is located in.

        If you're gonna be staying in the same State, then the rules will be the same where ever you live.
        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


          #5
          Originally posted by SinkingFast View Post
          Are you perhaps changing States in the move??

          If so, BK attnys in the new State can help with the general basics of Foreclosure, and they can indeed handle the Surrender of your home. But there may be some State specific issues that might add a bit of complexity to your particular case.

          In a different State, BK attnys may not be able to address Statutes or Codes that are specific to the State your property is located in.

          If you're gonna be staying in the same State, then the rules will be the same where ever you live.

          Staying in the same state SF. Just moving to a different jurisdiction I guess. Something about districts is what the atty said and I won't be in the same district anymore. Plus, I'm moving about 2 hours away from where the current atty is and he said he would have to charge me mileage and what not to go from here to my new residence even if it was in the same jurisdiction. It just stinks b/c I liked him.
          11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

          Comment


            #6
            Foreclosure is a fairly straightforward process, you can probably get all your answers online from various sources, i.e. time lines, etc.

            BK attorneys are only "tacitly" familiar with foreclosure, meaning, they really only know the basics (the same stuff that you can find out on your own) because foreclosures don't create that much complexity to a BK (list the creditor, state your intention, etc, there is nothing really special about handling a foreclosure in BK), beyond that, you would need a real estate attorney that handles foreclosure defense or predatory lending if there is more to your case than a "run-of-the-mill" foreclosure.

            Comment


              #7
              Originally posted by DivorceRuinedMe View Post
              It just stinks b/c I liked him.
              Have you asked the lawyer if he/she knows a good bk lawyer in your new district? I'm betting you can get several good names to touch base with!
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #8
                Originally posted by lrprn View Post
                Have you asked the lawyer if he/she knows a good bk lawyer in your new district? I'm betting you can get several good names to touch base with!
                He did give me a name but problem is that I'm not there yet and I don't know when I will be there - LOL. I'm awaiting a transfer for my job, living with family and going to my house in the new district on the weekends. I wonder if a bk atty will do an initial consult on the phone? Hmmmm
                11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

                Comment

                bottom Ad Widget

                Collapse
                Working...
                X