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I am a disabled senior, and there two other disabled people…

Customer Question
I am a disabled senior...
I am a disabled senior, and there two other disabled people (non-seniors) in my household.

I am ~30 mo (BK filed 11-07) into a BK 13. It has been lengthend to 60 months + 17 months.

We live in Calif.

The BK stay has been lifted and the mortgage lender now has the right to file a NOD.

The lender has not yet complied with CA SB 1137 - no 30-day notice of a NOD.

MY BK lawyers Gold and Hammes in San Jose do not get involved in anything except pure BK issues - no foreclosure help - though they will file motions I or anyone prepares. (They have a caseload of tens of thousands of BKs...

I am unemployed (terminated March '10) and receiving SSA benefits (not yet applied for SSA disability) and am also receiving temp disability $ from the state of Calif. I have been advised by several professionals that I would very likely get the SSA disabilit benefits if I apply for them FYI...)

My BK lawyer says to "sit tight" - that the stay may be restored...if I can make payments, or because ...?
Submitted: 8 years ago.Category: Legal
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Answered in 4 minutes by:
6/15/2010
Lawyer: MShore, Attorney replied 8 years ago
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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Thank you for the post, sorry to hear about the bankruptcy. To be clear is your legal question whether you should in fact "sit tight?"
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Customer reply replied 8 years ago
That's part of it - no mortgage pmts for almost all of the 30 BK months is a big incentive to not PRECIPITATE any action by the lender....but more importantly perhaps is the question of the presence of disabled people in any way able to slow down the foreclosure or even the NOD? ...anything in the ADA for instance?
Lawyer: MShore, Attorney replied 8 years ago
Thank you for the clarification, the law does not make any exception for the disabled when the disabled have defaulted on a payment obligation and face foreclosure.
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Customer reply replied 8 years ago

The answer was insufficiently informed. I was not notified of the lack of legal credentials available and in play until AFTER I had described our scenario at length.

 

I only approve of $24 for this response. I have reason to doubt that the responder is familiar with any relevant provisions of the ADA, or Calif law regarding foreclosure, or the BK 13 process in appropriate detail.

Lawyer: MShore, Attorney replied 8 years ago
Best of luck to you in your efforts to delay the foreclosure.
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Customer reply replied 8 years ago

I am not payiong $48 for your inadequate response. I will pay about HALF of that.

If that's not acceptable, I will chargeback/block the ENTIRE amount. Your early pages

shown soliciting business are MISLEADING and you know it. If you do not respond

today appropriately by the close of business PST, then I will instruct the card issuer to NOT pay anything.

Customer reply replied 8 years ago

regarding your "waranty" shown below, I will +never_ be satisfied with a complete and full answer by an EXPERIENCED lawyer. I want no more advice from your secretaries, or someone whose credentials are not available. Please save us all time and acept $24 for your very unuseful response. I shouldn't even pay that.

 

I AM NOT SATISFIED:

 

"

Satisfaction is fully guaranteed!

You will be able to ask follow-up questions until you are fully satisfied. Your deposit remains in your account until you decide to pay your Expert.

"

Lawyer: MShore, Attorney replied 8 years ago
Please direct all communications regarding billing to Customer Service.
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Customer reply replied 8 years ago
last time:

I am not satisfield, and will block the charge tomorrow unless you confirm that
only $24 will be charged. If not, I will block the entire charge in the AM PST

thanks for your work
SO
Customer reply replied 7 years ago
I DO NOT ACCEPT ANY OF THE ANSWERS TO THIS MULTI-PART
AND INTER_RELATED SIITUATION. THANLKS ANYWAY.

REPEAT, I DO NOT ACCEPT ANY OF THESE ANSWERS. I DIDN:T EVEN BOTHER TO READ 'EM, since I was never notiofied t bhat this question was answered.
I am on the verge of canceling my "UNLIMITED" membership, esp since
the first 30 days were advertized as FREE - and that does NOT appear to be the case.
I WOULD contionue the membership if it responsed as ADVERTIZED, but, so far, it seems to a misrepresentation of one REALLY receives.
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