Law firm retained by Wells Fargo

[DivorceRuinedMe]

Let me first preface this post by stating that I do not want to keep the house in question. I moved out awhile ago and have not made a payment since April of this year.

Wells Fargo retained a local law firm to handle my foreclosure. I think that they sent a process server to my parent's house last Friday (I wasn't there - I moved out over 2 months ago.) My mom didn't get the name of the server or what company he worked for - she was too annoyed with them bugging her - LOL. And I'm just assuming that the server was from Wells Fargo b/c they asked for me OR my ex-husband (whose name is NOT on the mortgage though but it's the only debt that had his name associated with it whatsoever - his name was on the deed and not the mortgage).

The law firm sent me a letter today telling me that Wells Fargo has accelerated all sums due and that basically they want me to pay off the mortgage now. The letter goes on to say that I have 30 days to respond and unless I notify them in writing that I dispute the letter that they will assume the debt is valid. They will then obtain verification of the debt or a copy of the judgement against me, if any, and mail it to me. It also states that the law firm is seeking solely to foreclose the creditor's lien on real estate and the firm will not be seeking a personal money judgement against me.

I think I understand this letter - they basically are telling me that they are now the debt collector attempting to either get me to pay and if I don't, they will be in charge of the foreclosure. Does this sound correct? I do have a question also. I do not plan to file for Chapter 7 until September at the earliest. If I do not want this house and I don't care what happens to it (no one is living in it right now) should I just do nothing and wait till I file my C7? Or do I have to do anything now??? What will happen if I do nothing? I haven't retained my lawyer yet (and don't plan to until I absolutely have to). Would this be something I need to go and retain the lawyer for now?

Thanks in advance for the always helpful responses.

[SinkingFast]

What you got is a "Notice of Default and Acceleration". The Law Firm is acting on behalf of WF to collect what is due. You have 30 days to respond or pay up or else.

That's the catch tho. The "or else". How quickly or how long that will take. We got that same Notice the first of March and our house didn't actually go into Foreclosure until May. BassBoy's Ch 7 was Discharged about a year before the Lender finally auctioned his house.

This particular Law Firm may just be handling the pre Foreclosure legal work. They may not be retained to act as the Trustee or Referee of the Foreclosure process.

If you aren't interested in the house, you can just sit back and let the process proceed. Even if Florida allows for you to be held responsible for the deficiency balance upon sale, you'll Discharge that debt when you do file BK.

[DivorceRuinedMe]

Thanks SF. That's what I thought. This is the first real "legal" letter that I've gotten since I stopped paying everything.

Chase has stopped calling me too which unnerves me a bit. I think I'm just moving along to external collections now. I noticed they stopped awhile back and then started up again with a different number. Probably moving along from regular customer service to internal collections and now moving to a debt collector I would assume. It's been almost 3 months since I haven't paid them anything.

I hate not being able to file until September but circumstances are what they are and unless I'm forced to, I can't. I just wish I could get this over with. I know that's the wish of everyone on this board though and I take solace in knowing that I'm not alone.