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Recent Reaffirmation questions
I received your response to one of my previous questions and
I received your response to one of my previous questions and I really liked how you described the different scenarios when reaffirming the vehicle in the bankruptcy process. I wanted to ask you if it was true, if the vehicle is not reaffirmed by the judge, the vehicle payments are not reported to the credit bureaus? Also, usually what is the percentage or ratio does your monthly expenses and car payment have to be in order for the reaffirmation to be approved by the judge? TIA.
I 't know if I've selected the correct lawyer - My mother
I don't know if I've selected the correct lawyer -My mother called me with a debt collector on the line, my mom hasn't handled any of here of here own finances 2002, she my dad passed, at the time she could of handle her own affairs but ask me to do it - today at 72 yrs old she doesn't has the ability. The last time this happen was in March when old tax bill that I forgot (I also had 3 strokes and on disability as well) from MA went several years with nothing and then a letter with to garnishment from the MA DEPARTMENT OF REVENUE was attached, we are in a repayment plan. I not trying to dodge a bullet. am correct in I state and federal taxes can attached social security & pension ?My mother does get social security and a widows pensions from my father whom worked for GM. She had nothing in the bank, no savings not a dime and live paycheck to paycheck, over the last few years when I got sick and they garnishment my wife she helped us paying for our childrens day care so I could go to physical therapy to learn how to walk and talk again, She doesn't even on a car, she , she lives very modestly about 3 hrs away and on her own (something I am not sure that she will be able to continue to do) she is in poor health and really has nothing. The debt service call was about a judgement in 2010 for $16000 , I'm not quite sure how, I believe it was through 'default' - in the past I have appeared for her and handle these things but I can't remember this one, neithern can she - I have looked at the court records and the debt was filed one in my county not hers (Port St Lucie) it states she was spoken to by phone - I know it doesn't matter that neither of us remember this account or the court hearing because the have a judgement -which there trying to collect on it. Of course I can't settle the judgement because I can't payout a lump sum or have the ability to make a reasonable effort to make a payment arrangement on the judgement, apparently at the time I / we was paying a $100 a month on the debt but I stopped that was all they would tell me, she owns her house she is upside down in, her credit is aweful - while I was on the phone with the debt agency she stated "she has good credit, she owns a house, she has a car ' and trying to tell her this isn't true, but of course they don't want to hear it. The judgement paperwork states speaking with her the phone at the time the hospital for 22 months after a car accident I think that's why no remembers this debt or the account it's attached to, but I do know I can't fight the judgement and even if I couldn't I don't have the money for legal representation. So I have no idea what to say, we have always tried to help each other,my wife and I are racked up to our eyes with our own debt issues and we have just recently had to make several repayment deals because while I'm disabled it is tough for them to attach me (and my mother was disabled before she hit retirement age) but my wife keeps getting garnished and we keep paying because we can't come up with a bulk amount to start a better repayment plan and the cycle keeps going, I just wanted to give you a better scope of what is going on, if I had it's I would give it to her, my mother even gets meals on wheels I would sincerely ***** ***** as I did tell the debt agency collector I would contact her today, can they just 'dig up a judgement ' any time and force collection ? Should I tell them she is paying a state tax lien, the state / gov garnish social security wages ? I have nothing to offer I can't even make a constructive repayment schedule. I would tell her to go to bankruptcy court and file but I am afraid that she won't pass the way and means tests as I have run the numbers and she barely has -$300 a month because of the pension income, the debt agent stated that she must have something must of happened because they don't just reopen these thing for nothing, I was also told there is no statue on judgements, I lost half my collective brain capacity during my illness.Is there any way I can keep this from be publicly posted ?All help would be sincerely appreciated,
I spoke to you about our Mortgage before with a bankruptcy.
Hello I spoke to you about our Mortgage before with a bankruptcy. Now I would like to know, we had a Modification done at the same time because we were days away from loosing the house. In that Modification they added all of the interest in that we would have paid over the time of the orig. loan. We did not realize it at the time because we were so frazzled. The Attorney put the papers in front of us and said that they got it for us and we were so relieved not to loose our house. So my question is there any way to recuperate any of the money the Seterus took advantage of us for or not? Don't they have laws now. We had tried to work with them prior to the Attorney getting it for us with Chase but even after taking everything up to DC for them and faxing paperwork to them Chase would not do it and sent it to Seterus. Aren't there laws in place about these companies who take advantage of people just because they are desperate. Thank you
I'm in the process of beginning to file chapter 7
Hi,I'm in the process of beginning to file chapter 7 bankruptcy. I have an auto loan through my credit union as well as a credit card, and there is a cross collateralization clause in the membership agreement. I only owe $1200 on the car which is worth approx $4200. I am wondering what my best option to keep the vehicle would be. Could I redeem the car for the value of the loan to receive the clean title? Or would it be best to try and reaffirm the debt with the stipulation of waiving cross collateralization rights? Is there another option I might be unaware of?
Story short, in 2010 my wife and I were granted a Chapter 7
Long story short, in 2010 my wife and I were granted a Chapter 7 and released from all our debt including the mortgage on the house where we live now, both my Wife and I are on the original 2004 First Residential Mortgage Fannie Mae loan It was then sold to Bank of America. In 2012 I (not my wife) modified the loan through Bank of America under HAMP, once again I am the only one that signed any of the paperwork from Bank of America for the HAMP agreement. As soon as I signed the agreement the mortgage was sold to Green Tree who serviced it up until September of 2015 at which time the Mortgage was sold to Ditech. All correspondence from both have been as debt collectors.In September of 2015 I quit making payments and Ditech is now foreclosing on the property and a decision will be made in the courts this month; neither Ditech nor the lawyer representing them will be at the hearing but I am considering going.Question - Ditech and their lawyer list both my wife and I as owing the same amount, yet my wife never signed the HAMP loan modification in 2012 and she was released from all debt in 2010. Is this legal?
My home was discharged in my chapter 7 back in May of 2013.
My home was discharged in my chapter 7 back in May of 2013. I did not reaffirm the loan. I sense then have remained current on mortgage payments and remain in the home. I would like to buy a new house and was wondering if it would be possible to sell my current home without any issues because it was discharged? Or would i have to contact the mortgage company? I have quite a bit of equity and worry that the lender might stop accepting my payments and foreclose on the property to sell for a profit. Thanks in advance.
Q1. Do I own my home or not? Q2. How much do I owe on it?View more bankruptcy law questions
Q1. Do I own my home or not? Q2. How much do I owe on it? Details: Mortgaged home in Jan. 2009 to Taylor Bean & Whitaker. More or less a year later TBW declared bankruptcy, and we were advised to make our payments to CENLAR. Then, in 2012 we moved from Calif. to Utah where we rented while at the same time renting our home out in Calif. Then, in 2013 we had to take out BK ch. 7, and declared our intent / desire to retain our home. The BK Court allowed us to do so because at that time the market value of the home was less than the balance owed on the mortgage. Cenlar knew all about this, and continued to take our mortgage payments. In Feb., 2015 they transferred our loan to NationStar and we began making payments to them. My confusion / doubt stems from: ***** 2015, Cenlar reported to Equifax & Transunion that our loan was closed in the ch. 7 BK. This, to me, is a flat out lie. In addition, NationStar refuses to report our unblemished payment history to any of the credit bureaus unless we sign a paper reaffirming the debt. This, to me, is totally unnecessary because the mortgage loan was never a part of the BK. We specifically requested and were granted an exception. Nevertheless, we are now preparing to sell our home in Calif. and (hopefully) buy another in Utah (the home's value has gone up quite a bit since 2013). I do not want anything to go wrong during the discovery phase of escrow, once we get a buyer. Perhaps by some weird loophole in the law or time limit or something we have lost title to the home, and CENLAR / NationStar are simply continuing to take our money, either dishonestly or out of ignorance. I need to know for sure what our legal status / position is. Thanks.