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LawTalk, Attorney
Category: CA Real Estate
Satisfied Customers: 158
Experience:  I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.
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I am a widow in my 80's and my home is up soon.

Customer Question

I am a widow in my 80's and my home is up for auction soon. What can I do to prevent this? I am on a fixed income and don't know who can help. Do I need a lawyer, real estate broker or a foreclosure prevention service?
Submitted: 11 months ago.
Category: CA Real Estate
Expert:  LawTalk replied 11 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. 1. What caused your situation which resulted in the foreclosure process?2. Can you afford your present mortgage?3. How much do you owe for the arrears on the mortgage?Doug
Customer: replied 11 months ago.
I have been going through this for years but my recent chapter 13 bankruptcy was dismissed due to missed payments to wells fargo and technology credit union. My two grandkids who were in agreement to help pay decided to move out because of the constant stress with money. My lawyer did not give me any choice but to pay or lose my home and I stopped communication with him. I tried to ask for a change in my payment plan but he only made it worse. I had to pay more than I could afford and so I couldn't keep up. My home is approximately worth around $700,000. and I owe
$188,000 to wells fargo and $30,000 to tcu. I also owe back taxes so total of my bankruptcy was around $300,000.
This all happened when my husband died in 2003 and my son borrowed the mortgage money from us but never signed any papers. My husband begged him before he died but my son eventually filed bankruptcy and has disappeared for over 10years now. I was left with all the mess. He also took my retirement money and never filed the taxes as promised. I am japanese so most of this I don't understand and have just my daughter who lives with me.
She is very sick now and was helping but cant now and I am so worried.
The house next door to us just sold last weekend for $800,000 and they did nothing to upgrade or remodel. We have but my home needs alot of work to fix and our swimming pool needs major repair.I cannot lose my home for $188,000 and I don't have anywhere to go. San Jose is very expensive and I work everyday cleaning homes for my friends just to make ends meet. My daughter is an ebay seller because we are trying to prepare for if we move. She has been making $500-$700. a month because we have many vintage new things for sale. But the problem is that she just started and its only been a few months.I cannot talk to the bank any longer because of my complaints of how they treated me by telling me it is all my fault and they don't care if I become homeless. I felt terrible after that last phone call and the stress made me erupt in shingles. I have no hope right now and my future offers not much to look forward to happiness. But I would never want to burden my grandkids with my debt and so until I can take care of this I cannot die. I am usually healthy and work all the time even though I am hoping to one day relax and rest but I don't see this happening.Also I have had my bankruptcy dismissed 3 times. First we had a lawyer who filed but didn't inform us of the court date, second our recent attorney didn't tell me to take the credit counseling in the timeframe required and the recent due to missed payments that I wished I had informed them I wasn't able to make each month. I told my lawyer the grandkids were unable to help since they both were at the beginning of their careers. One is a teacher and the other is an accountant with PWC. His area is with corporate audit and doesnt want to jeopardize his job by asking for help within his company. So basically it is myself and my daughter but she finally has medical insurance and wasnt able to help much before.My present mortgage is $2000. and $450. a month but I also owe back taxes. I get around $3300 a month from soc. security and military survivor pay. My husband was 20 years in the army and my good son was a San Jose Police Officer killed in the line of duty in 1985. I worked for Silicon Valley companies like Toshiba, LSI, Fairchild, Exar and alot of other companies from the beginning when the industry was booming. We saved our money and it is my own fault to trust my other son would betray me after my husband died.
sorry for the long note
please let me know what you thinkj
Customer: replied 11 months ago.
This was taped on my front door this morning.
Expert:  LawTalk replied 11 months ago.
Good afternoon, I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.I apologize for any inconvenience and wish you well in your future.Doug