Beware "impartial" Trustee

[Minnymouth]

Ky
If you "think" your Trustee is impartial, you better wise up and think again!
Trustee is out to line "own Trustees" pocket. Been there, done that!
Trustee makes his part - then if anything else is left, a creditor will make a little something.
Trustee is paid percentage of available cash, plus legal fees, travel pay, etc.
He shows no mercy, no partialality, and goes for the "juglar vein".
HE TAKES CARE OF #1.........himself!
He would take your shirt on your back if he thought he could get away with it.
So him NO CONSIDERATION WHATSOEVER, unless you need to cut a deal with him.

Good Luck

[robivi3]

amen min. The first step to getting through this is to quit kicking yourself in the butt, get over it.

By the time you deal with this you need to be in "no mercy mode" as far as the Trustee. He is to you, an animal, a useless semi-beaureacratic vermin infecting humanity with his existence. Likely you have already paid your creditors several times the original purchases by the time you file. Going into this you need to be in survival mode to deal with what can happen.

Do not try to be nice with someone who recieves money for recovering assets from you. Fight this vermin like the rabid dog he is but stay cool, listen to wise Counsel (that's why they have the suit and tie and make the big bucks) and never smile at the enemy.

Thanks for giving me the chance to sound off. "God will grant us justice". Read your Old Testament, God does not take kindly to those who repossess the homes and clothing of widows, orphans and the poor in general, and I think in Minnymouths position she qualifies. An animal who would repossess the Mobile Home of a person who has fallen on hard times isn't fit to be called human.

Every individual has made mistakes in this life, including the Trustee. I agree that we are not all "victims". We have to own up to our mistakes. But you get in a desperate bind in home or business. You borrow at userous rates. The lender beyond a certain point KNOWS that your ability to repay is hampered and can clearly see your pattern in your Credit report. He knows your mental state is affected by all this but he holds out the carrot stick of more money to ease the pain. HE BEARS HIS OWN PORTION OF THE RESPONSIBILTY IN YOUR BANKRUPTCY. HE SAW IT COMING AND STILL OFFERED YOU A QUICK FIX.

Have no mercy or consideration for them or the Trustee. I was honest and open and it cost me. I would be such again. But I fought, bothered and argued for the sake of my family (with the Trustees Lawyer). DO NOT BE INTIMIDATED BY THESE PEOPLE EITHER. YOU HAVE TO EAT AND LIVE.

[Minnymouth]

New Info!!!!

ky
Trustee has decided to separate house and land now. Doesn't want to sell it together. He wants to move the MH and sell it, then if I want to keep everything I can pay the bank for the land (at the present monthly payment of $458.00 - which was house/land together before) which is $458.00 per month for 23 years for a peice of land worth approx. $15,000. The bank still has a secured mortgage against the land only. Pretty pricey land huh!! And then I pay the court for the house separately for approx. $30,000 ($500.00 a month) for 5 years.
Bank controls the land as secured, Trustee has control of the mobile home.
Fun game, huh! At my expense and mental anguish.
Received a summons, judge ordered it all to trial. Trustee sued me and the bank (with unperfected title) to take the mobile home only to sell.
Meantime, getting appraisals on MH and land separately. Possible Chapter 13 "cramdown" to present to the judge.
Now I can sit and worry another 6 weeks about the outcome, and right at Christmas time may hear - "you have 30 days to move out"......

Does anyone know if the judge can "order" the MH and land be sold together(as long as bank receives fair market value for the land)?? Where I can pay for all of it under Chapter 13.
Also could judge "order" that the bank be reinstated as a lien holder on the MH since all paperwork but the title itself says they are the lienholder on it. All insurance, bank papers (except mortgage itself).
The unperfected title is also in someone else's name besides MINE. It was never recorded as being mine - still in seller's name of 7 years ago. Courthouse says "I don't own it" till its recorded!!!!!!!
SO IF I DON'T LEGALLY OWN IT, how can the Trustee take it and sell as mine??
Unusual case, lots of legal problems involved. IT'S A MESS!
But I'm fighting, going for the trustee's "jugular", and will do everything possible to try and keep my home.
This trustee has been very uncooperative in every way, cares even less that I also have become a victim of "clerical errors", and see's nothing but $$$$$$ signs. His $$$$$$$.
Thank for all the imput from this forum and everyone here.
Got any more suggestions, folks??
The strong survive and I AM A SURVIVOR AND A FIGHTER!!!! I'll not go down easy!!
Minnymouth

[robivi3]

Minnymouth, I am hoping that the Trustee is all talk in your case. He may bluff to the end to see what you'll cough up. I don't think the judge will go against him.

I talked to someone who is knowledgeable in these affairs while we went to get trees to replace what we had to cut for the Hurricane. When the Trustee was coming for our belongings he stuck to it until the last second, game face, scare tactics up to the moment the judge called us.

Remember, the company that comes for your goods gets about $400.00 (they get that for coming out to your home no matter what) plus a cut of the profit. They will likely refuse your used items, they get paid at the trustee's expense. Now picture a Company looking at the issue of pulling up an older Mobile Home permanently attached to the land more or less, plumbing, bugs, MOVING OLD PLYWOOD THAT CAN COME APART ON IN AN INSTANT, electrical. They get paid for showing up, do you think they will take a risk of destroying the home and damaging their own equipment? I hope you have a good Attorney, I had a great one. I know my Attorney would say it's a risk, but call his bluff, just understand the risk. I would think VERY heavily before I offered ONE DIME to this man. I know your head is reeling, I've been there, it is a desperate feeling but sit and think about what the salvage people will think when faced with this. He doesn't want the home, he wants to cut a cash deal with you. I would bet that if you bluff you'll walk away free, the VIPER you are dealing with knows your in anguish. It is a risk but i would game face this man and dare him by not offering him a dime to move the house...

If you depo with him argue and use the defects in this home to your advantage. DO NOT BEG A DEAL FROM HIM (listen to your lawyer, not me on this though). I believe you'll walk free in the end, light as a feather.

[Minnymouth]

Thanks,
Been doing research on this trustee and this judge, judge pretty much gives him what he asks for (in several online cases) involving unperfected titles.
Lawyer advises a Chapter 13 camdown, had to get two appraisals (one on house, one on land).
Trustee is not interested in "package deal". The bank still owns the land.
All Trustee is interested in is the mobile home. Trustee was supposed to send someone to look at home but no one showed. (my lawyer was supposed to be present). Trustee gave approx. FMV in his appeal to the Court to take home.
If Chapter 13 cramdown payments are over $700.00 a month -IT'S OUT OF MY POCKET RANGE - and I still loose my home. I'm single, only can make so much money. Lawyer still advises not to work a 2nd job. (a second job would ensure that I could meet those chapter 13 payments). I have worked 2 jobs almost all my life till this past year when I got sick, so a parttime job is like getting up and putting my clothes on for the day. Have done it for years.
Supposed to go to "trial" in Dec. regarding "taking" the mobile home. Got a court summons from the judge.
Will the judge look at this from "both sides"??
Bad enough that I had to claim bankruptcy but I also have become a "victim" in this bankruptcy because of the unperfected title I knew nothing about.
Circumstances completely out of my control or knowledge. Errors by professional people. Now "I must pay for their errors" too????
My home is not an expensive home - only $37,500 is owed on it. But appraisal at Full Fair Market Value could be $70,000.00 with all my improvements over the years. (though right now the home is damaged from storms).
In Chapter 13 I will have to buy it back at Full Fair Market Value all over again like I was buying it new.
6 months of all of this bankruptcy stuff has just about done me in! And still 2 or more months of worry and fighting coming.
My orginal bankruptcy was a Chapter 7 - no asset case till 3 days before the creditors meeting. Then surprise - hello - the trustee found the unperfected title!!!!!
And its been HELL ever since.
I'm sitting here watching $80,000.00 worth of investment, my retirement home (i'm 56), and all my hard work go down the tubes because of a professionals "clerical error".
No mercy or any consideration at all has been shown towards me by anyone, not even my lawyer. His comment was "find an apartment to live in". DUH!
Though he did seemed surprised that the trustee went after the MH only and did not include the land.
I FEEL like I'm being screwed from all of them, the bank, the title company, my lawyer, the trustee, the creditors (who would not work with me). And now possibly the judge too.
Sorry about my LUCK, huh!!!!!

[robivi3]

Min, Please don't kick yourself for your "luck". These things are results of decisions we made or circumstances that come about in life. You have to feel that you have hope no matter what. I really sympathize with you. My wife and i had to scramble over a "Motion for Relief from Stay" after a one time payment fiasco with Chase. We got through it and the Motion was withdrawn. It was a nightmare.

My Dad saw 56 many years ago and he still had a lot left to do, and lived another whole life after that. He saw my mother die of cancer, went from a 40 acre home in Nashville with a 1969 Porsche Targa,1968 Mercedes 300 SEL, 1969 Eldorado down to a 2 bedroom apartment in Fountainbleau Park by 1976 in Miami with a used 1969 Dodge Coronet. He never pulled back up to what he once had but he remade his life, got married, was happy and did well in the end. He had also faced the devasting, lifelong effects of Jungle warfare in WWII and it has affected him badly with aging. I saw this man make the best of things in tremendous adversity. I never met a man who so lacked the art of worry. The bottom dropped out from under him in a two year period and he never worried. He cried openly on occasion, yes, but the worry wasn't there.

You will pull through, I don't believe he'll take your home, though I know he can. Please do not feel that you are utterly alone in the struggle. There isn't much that can be done through a Forum but people in here really do care, we do have an interest in what happens to you. You have to give your mind a mental break, see a movie, hang with friends, get involved with a Church. I went through a particularly trying time in 1990 and on my worst nite it was the movie Terminator that got me through it. It took my mind off of my troubles.

I apologize for constantly responding to your posts but my wife and I can truly sympathize with your plight. KEEP FIGHTING, your Attorney said it right about part time work. Play up the damage to your home to the Max, possibly enhance it for effect. For all you know the appraiser drove by already and refused to come in. This man is going to ride you until the last second up to the trial.

You are a winner!

[Minnymouth]

Thanks Robi for the support!
Yes I am a great survivor!!! Always have been. And will this time also. But this sure "jacks my jaws" of the title bit, I knew nowthing about. Makes me want to "reach out and touch people"!!! In a bad way!!
My house is my home and castle and refuge, but it is materialisic! It can be replaced.
And OH YEAH, I will be holding my own with the Trustee in front of the Judge - Believe me!!!
I think I am allowed to make a disposition for the judge and turn it in before the trial. I will definetely speak my mind for sure with my lawyers advice to a certain extent. Nothing to loose by speaking out - i will probably be taken anyways.
I am very business like, was in management 40 10 years, and have been told I can talk the "silver" out of someone's mouth very easily. Has excellent verbal skills of speaking in front of people. Am extremely business like person.
I will know more today - am supposed to get my appraisals and see what they look like and see if Chapter 13 is feasible in my case. If so will go for it. If not will BE FIGHTING IN COURT come December.
The fact that "my name" is not even on the title (still in sellers name) may play an important part in my favor. Trustee is supposed to be taking my assets, not someone else's. So lets hope that plays an importance.
So will keep in touch and keep you posted.
Thanks for all the moral support, venting sure helps a lot, and getting plain ole mad does too!!!
Hope 2005 is kinder, this year has been the pits.
Thanks alot, minnymouth

[robivi3]

Consider something else, these people also have lives. The Judge may think the Trustee is a Jack*ss. He may have said something unkind about the Judges Golf game and it got back to the Judge. A longsot true, but in the real World the oddest things can play for or against us, the littlest things can affect the biggest outcomes...

[Minnymouth]

Ky Minnymouth Here,
Chapter 7 dismissed except unperfected title on mobile home.
Chapter 13 - payments too high - no option there.
Trustee suggested a "cash buy back", like I have access to 30-40K, now that's a joke in itself.
So come Dec my home is gone because I filed bankruptcy (chapter 7) and someone made a "clerical error" 7 years ago in filing title papers.
I'm out a $80,000 cash investment, my home, and now I get to move also.
Chapter 7 a "fresh Start" - I DON'T THINK SO!!!!!!!
At my house it was a "nightmare and wipeout"....
I basically got screwed by my lawyer, bank, title company, trustee, and the court....

Good Luck Folks, BE SURE YOU CHECK "YOUR" PAPERWORK......YOUR LAWYER SURE WON'T.....

[robivi3]

Unreal Min, Very sorry to hear about this. Utterly disgusting.

[Minnymouth]

Will be going to court in December with my "fighting clothes" on against the Trustee!!! This is a case of "lender negligence" and I am being penalized for the mistakes of professional people. Very heavily penalized!!!
If I still loose, will sue the bank and the title company who created this serious error. Their mistake has cost me over $80,000 over a 7 year period, plus my home.
I am not a "happy camper"......
My Chapter 7 "fresh start" SUCKS!!!!
Thanks for all the kind words......helps some...
But I will be going for the jugular when I get in front of the judge or when I sue....
Minnymouth

[robivi3]

please drop us a line or send or drop me a private message to let us know what's up.
Gos Bless. Praise The Lord and pass the ammunition!

[rimi2001]

Minnymouth,

Can you please explain to me what happened with your chapter 7? Did you see my post under Hurricane Katrina ? Please read and give me some advice on what you suggest since you are going through some things.

Thanks