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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a bankruptcy attorney in ny and have received a chapter

Resolved Question:

I have a bankruptcy attorney in ny and have received a chapter 7 discharge in May 2011. House is negative $200k and have not paid mortgage in 12 months. Desire to remain in house as long as possible and still have not received summons. Very difficult to afford attorney currently and also concerned my bankruptcy attorney not well versed in foreclosure delay and defense. Need advice on best strategy to proceed.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

A reaffirmation must be signed prior to discharge. Therefore you are not eligible for a reaffirmation nor would it be in your best interest

Since you have not paid the mortgage in twelve-month and you still have not been served with a summons, it appears that it's premature to take any action to delay the foreclosure proceeding. Once the summons has been filed, you will typically have a minimum of 6 months residency in New York prior to having to vacate the property - without taking any action to delay. Once you have been served, depending upon the circumstances at that time, you may evaluate a course of action
Customer: replied 5 years ago.

I expect a summons any day as bank recently paid all my property taxes so want to be prepared once I receive summons.

I also purchased a detailed(20 pages) demand response letter to send to Chase/Wamu requesting many details/documents regarding my file but have not sent yet.

Also wonder about WAMU paper trail on ownership of property as this was a "stated" loan , monthly option arm refi, originated in Dec. 2004.

Expert:  Ellen replied 5 years ago.
Unfortunately once you are served, a letter is no longer appropriate.

If you do not respond timely with a legal pleading, a default can be entered against you.

You will need to copy the caption from your complaint. Instead of "Complaint" put the word "Answer".

The following may be used as a guide:
1. I admit allegation # (your name) of the complaint.
2. I deny each and every allegation contained in numbers x-xy in the Complaint.
1. The plaintiff has agreed to a forebearance
2. The plaintiff is not a holder in due course

sign and notarize
Send the original to the court and the attorney for the mortgage company

This will put the burden on WAMU to prove the validity of the loan, produce the note and prove that you have not entered into a modification. It is not possible to prepare any further without seeing their response
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

Im not clear. there are 4 total respones. 1 and 2 and 1 and 2

I am going to post office today to send out demand response letter.

Expert:  Ellen replied 5 years ago.
You may not be assisting yourself by sending a letter. A letter carries absolutely no weight.

The first 2 responses are for the purpose of admitting or denying the issues raised in the complaint; the next 2 responses are your defenses.

J.A. policy requires that you start a new thread for a new question. Please accept the answer and then you may start your new question in a new thread