Announcement

Collapse
No announcement yet.

User Profile

Collapse

Profile Sidebar

Collapse
Avatar
cookiemom
Junior Member
Last Activity: 01-09-2022, 08:44 AM
Joined: 12-08-2021
  •  
  • Filter
  • Time
  • Show
  • Source
Clear All
new posts

  • cookiemom
    replied to Interest accruing
    Interesting...I'll have to check how my state handles and if there's an acceleration clause in my note. They can't have it in there to protect their interests in a bankruptcy to then later not allow to avoid SOL. I am finding though...no case is the same. Things I have been able dig up just thickens...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Thanks I've also been investigating the below; based on this, it should have been offered to me since my first was approved for a HAMP MOD in 2010


    August 13, 2009, the Treasury Department published supplemental directive 09-05 for the Making Home Affordable Program, which discusses...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Bankruptcy courts have utilized various approaches in resolving this issue.
    Some courts, a seeming majority, have held that the petition date is the correct date for
    valuation, while a few others have held that the confirmation date is the correct date. Compare
    TD Bank, N.A. v. Landry...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    I am really trying to take the high road in this, I just can't can't see the value in paying that much now for my house. They are seeking every penny of equity. And by equity takes into consideration what I've paid into 1st and improvements. F'ing foreclose then...if that my option. I'm a single mom...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Sorry..just trying to not let a bank take 100k from a 42k loan that I have done my due diligence to reaffirm....
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Just thinking out loud...I don't the lay of the land. I just feel that what they are attempting to do is terrible. I'm not trying to get anything free or cheat the system. I'm hard working Mom that everything I have I worked for. I'm not rich, but I'm finally comfortable. What they are taking or attempting...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Can a bk7 case be reopened to adjust the collateral value that is listed on Petition (July 2008) to submit the actual appraisal value conducted(may 2008) which would then place 2nd mortgage wholly unsecured allowing to strip off lien completely since bk7 was prior to 2015.
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to bifurcation
    I hired a lawyer. I work from home now 100%, my toddler is always with me. toddler. I only have 9pm till about midnight to dedicate to this before 5am wake up. Its overwhelming researching and knowing how my scenario matches up. We submitted a cash offer...I've been saving up to redo my cement driveway...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to bifurcation
    This house also will not be approved to finance for 280k. There's no way it will appraise at that. Also from my understanding banks only allow now 80% of value...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to bifurcation
    I'll have to see....my taxes are stupid high where I live. My is higher than that now and it has a low interest rate because it was approved for hamp back in 2010 when I thought this was resolved. Did realize I had to hang up with BOA and call back to discuss a different loan when talking them off the...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to bifurcation
    Or the states statute of limitations apply to to the accrual interest on note?
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to bifurcation
    Could i propose that the Bankruptcy discharge accelerates the maturity date of the debt ... puting the lender on a definite. The discharge should accelerate the maturity date because no monthly payments are due.
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to bifurcation
    Does it matter how long ago?? I know a lot has changed over the years. Can they be held to at least the market value of when discharged? I have appraisals from that time. This was 13 years ago and they are coming back to demand original + accrued interest. When only 25% of note was listed as secured....
    See more | Go to post

    Leave a comment:


  • cookiemom
    started a topic bifurcation

    bifurcation

    liens survives BK7, got it. If bifurcation of a second mortgage was listed out (secured and undersecured)...after discharge what are they technically entitled to?...
    See more | Go to post

  • cookiemom
    replied to Interest accruing
    flashoflight what ended up happening. What was your resolution...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Would the SOL apply to the accruing interest at least (forcing them to legally reduce the obligation a little bit)?
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    I don't understand why they won't negotiate with me...they just keep asking to see the pay off of the 1st mortgage. Can't we just agree on a number and I'll do a refi to combined the two?...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Yes makes complete sense...this just seems so messed up that since BOA held the 1st and 2n during the time I was approved for the government loan mod through them they would not mention the 2nd. My settlement letters have been ignored up until this moment when market is good (13 yrs latter) to swoop...
    See more | Go to post

    Leave a comment:


  • cookiemom
    replied to Interest accruing
    Thanks! Yes, this does appear to be what is happening...and I am sick to my stomach about it. I have multiple emails asking my BK7 attorney for further explanation or action I should take (over the course of 10 yrs) now...after I am in a good financial place, I am going to lose all equity I have put...
    See more | Go to post

    Leave a comment:


  • cookiemom
    started a topic Interest accruing

    Interest accruing

    Please explain to me how interest on a 2nd mortgage (line of equity) that was included in BK7 (not reaffirmed) can continue to collect interest if the "debt" is discharged and it only now exists as a lien. I am now facing the lien holder (from an 80/20 split) threatening to foreclose on the...
    See more | Go to post
No activity results to display
Show More
Working...
X