Re: Re: summons

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Posted by: Holly on 08/10/07:
In Reply to: Re: summons posted by: Al on August 10, 2007 at 22:57:40:
I owe about 98000 and house is listed at 120000. I am way behind tried to catch up in February but couldn't. My arrearage is about 9000.00. I don't care if I have to rent for awhile but don't want to get stuck with the difference. I would rather sell the house myself so I don't lose the equity. If they do foreclose would I have to pay them more fees? I wouldn't mind just finding a place to rent and then move soon but don't know if that is wise or not. I heard they can foreclose in 2 months if you move out. Then I heard that a person should stay as long as they can and maybe there would be foreclosure help or something could come about.

:
: First of Holly I'm sorry to hear what you're going through so close to completing your 13. There comes a point where you've got to make some tough decisions. And I think your house situation may be one of those tough choices. I would consult with a different attorney regarding your situation. How many payments are you behind? Are you upside down in the house? Did you reaffirm with the mortgage company?
: Hang in there...

: : Hello all...To make a long story short about 2 months ago my mortgage co filed for relief and got it. Now this week I get a summons to foreclose. My chap 13 will be done in about 6 weeks. My lawyer did not submit an answer for the relief because he said I had no grounds to object meaning my excuse was not good enough. This time I get the summons and have a chance to answer in 20 days. I called my lawyer but he didn't call me back yet. I think he may not because I still owe him some money but he also told me 2 months ago that he would get me time to sell my house so that they don't foreclose. Well my house has been on the market for 4 months and not selling. He also told me they can't sue me while I'm still in the bankruptcy that I was still protected. So why are they suing now? Do I get another lawyer? Is he really for the creditors? I think he will sue me too for his money after the plan is done. My plan is now at 52 months which it can be extended to 60 months. But that isn't enough to catch up on mortgage arrears. Can I get another lawyer if I'm still in this bankruptcy. Also will i need to file chapter 7 but then I would have to include what I owe him also right? This week I called for foreclosure help and was told they couldn't help because I was still in the middle of a bankruptcy. If I let the house go I know I can stay here for 6 months but what about if there is a deficiency. Will I be liable for the difference from the sale. I do think they waive the difference if I'm reading the summons right. Sorry so long. Hope someone can answer my questions. Thanks

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Re: Re: Re: summons Al 08/10/07 (1)

Re: Re: Re: Re: summons Holly 08/10/07 (0)

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Subject : Re: Re: Re: summons

Comments:
: I owe about 98000 and house is listed at 120000. I am way behind tried to catch up in February but couldn't. My arrearage is about 9000.00. I don't care if I have to rent for awhile but don't want to get stuck with the difference. I would rather sell the house myself so I don't lose the equity. If they do foreclose would I have to pay them more fees? I wouldn't mind just finding a place to rent and then move soon but don't know if that is wise or not. I heard they can foreclose in 2 months if you move out. Then I heard that a person should stay as long as they can and maybe there would be foreclosure help or something could come about.

:
: :
: : First of Holly I'm sorry to hear what you're going through so close to completing your 13. There comes a point where you've got to make some tough decisions. And I think your house situation may be one of those tough choices. I would consult with a different attorney regarding your situation. How many payments are you behind? Are you upside down in the house? Did you reaffirm with the mortgage company?

: : Hang in there...

:
: : : Hello all...To make a long story short about 2 months ago my mortgage co filed for relief and got it. Now this week I get a summons to foreclose. My chap 13 will be done in about 6 weeks. My lawyer did not submit an answer for the relief because he said I had no grounds to object meaning my excuse was not good enough. This time I get the summons and have a chance to answer in 20 days. I called my lawyer but he didn't call me back yet. I think he may not because I still owe him some money but he also told me 2 months ago that he would get me time to sell my house so that they don't foreclose. Well my house has been on the market for 4 months and not selling. He also told me they can't sue me while I'm still in the bankruptcy that I was still protected. So why are they suing now? Do I get another lawyer? Is he really for the creditors? I think he will sue me too for his money after the plan is done. My plan is now at 52 months which it can be extended to 60 months. But that isn't enough to catch up on mortgage arrears. Can I get another lawyer if I'm still in this bankruptcy. Also will i need to file chapter 7 but then I would have to include what I owe him also right? This week I called for foreclosure help and was told they couldn't help because I was still in the middle of a bankruptcy. If I let the house go I know I can stay here for 6 months but what about if there is a deficiency. Will I be liable for the difference from the sale. I do think they waive the difference if I'm reading the summons right. Sorry so long. Hope someone can answer my questions. Thanks

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