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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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Thanks for answering my question and it seems that it can be

This answer was rated:

Thanks for answering my question and it seems that it can be read in several different ways. It does have a judge's signature (The following is cut and pasted from the motion):
CAME ON for consideration the De. tor's Second Motion To Reinstate Stay for
Creditor Wells fargo Bank (the "Motion") and appeared counsel for the Debtor and
counsel for Wells Fargo Bank, N.A. Sue essor by Merger to Wells Fargo Home
Mortgage, Inc., its assigns and/or Successor in Interest ("WeUs Fargo"). The parties
announced that all issues and alleged causes . faction the Debtor raised and/or could have
raised have been resolved and the Court, aft r hearing the announcement of counsel has
determined that the terms oftbis Agreed Ord r should be granted. It is therefore,
ORDERED that the Motion is denied s MOOT. It is further ORDERED that the Subslitutc Trustee' Deed No. 20060058300141} dated March
13.2002, shall be rescinded, It is further
ORDERED that Wells [:argo shall, in eo d Mill, negotiate with (he Debtor, through
its Loss Mitigation Depaartment; in an attempt to cure any arrearages due and owing under the note.

We go to a hearing on the 22nd and the attorney I now have is not sure about what will happen. The whole point is that I have proven that there has not been a missed payment since the original bankruptcy. How can Wells Fargo still keep trying to foreclose?
The order says the prior sale is un-wound and treated as if it NEVER happened. Title is back with you.

The order also says the loss mitigation department is also required to negotitate with you regarding any arrearages.

I hope that there were also other findings of fact from the court regarding whether or not any payments were missed. If not, you might need to move for modification of the order to make it more complete.

If you missed some payments after the foreclosure process started, then you MUST get them all paid up.

As is proper, the court also ordered that the negotiations be regarding what really is due and owing under the note (loan contract), so that's where you go to find out exactly what you owe. FURTHER, you would be well-advised to look carefully for any borrower's remedies in even of lender's default, as well as local state law on wrongful foreclosures, IF you enjoy any protection in that regard.

Your attorney should be able to form some expectation of what will happen during the 2/22/10 hearing--if it is just a status check, then usually all that happens is a report to the judge...but if someone is badly NOT complying with a prior court order that is what is being checked up on, the judge might chew them out, issue a new and more demanding order, or even sanction them.

Get your money's worth out of this new attorney. I presume he's/she's supposed to be "litigation" counsel.

Thank you.

Customer: replied 6 years ago.

The attorney I have now has all payments since this started in an IOLTA account.

I have not missed any payments since August of 2004 when the first bankruptcy was filed.


Yes, this attorney is a litigation/bankruptcy attorney. However, I had to file a second bankruptcy in order to stop the third foreclosure. Now my credit is really shot forever.


Thanks for your answers and it does make me feel some better.



Third foreclosure??? Sounds like a huge mess.

Also sounds like there might be a basis for removal of the adverse credit reports if the foreclosure events were contractually improper or were violations of the automatic stay.

Regardless of what happens on the credit reporting of past events, many of my clients are able to get significant improvements in their ability to access credit after about three years of post-BK on time payments and otherwise good financial behavior. No one has quantified it with number of credit score "points", but the reports are pretty consistent. Current behavior is often more important than the past, especially if the income to debt ratio is good and the income is high enough and consistent.

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