Foreclosures/Loan Modifications | Forum profile

QUOTE (PALTUS71 @ Dec 30 2009, 10:11 PM) Wow! That's crazy. So you have to ruin yourself to get help?? I guess I can just wait another 1.5 years and try again with BOA. The fact of the matter is I can easily afford my payments now and just want to get locked into a fixed rate. I will just wait it out I guess. At this point with my credit being what it is, it probably makes more sense. Thanks for all the help...

If the creditor didn't renew the judgment for some reason -- and they would be unusually sloppy if they had your house as security and failed to do so (but it happens) -- then the lien is invalid. You can file an action to expunge the lien, which may or may not be styled as a complaint to quiet title depending what state you're in. Better make sure the judgment has expired though -- in California they last 10 years.

QUOTE (Mayor @ Dec 26 2009, 02:54 PM) QUOTE (radi8 @ Dec 26 2009, 12:59 AM) QUOTE (hervirtue @ Dec 23 2009, 01:07 PM) Will this show up in Pacer when the mortgage company files this? Yes. Pacer will also display the date the motion is granted, assuming it is. Check your states foreclosure laws, many states have a "redemption period", a period of time after the sheriff's...

QUOTE (SportsNut @ Dec 31 2009, 12:09 PM) QUOTE (cory1848 @ Dec 30 2009, 08:04 PM) I guess where my confusion comes in is the whole loan issue. Since filing BK7, do I even legally have a loan anymore with them? If not, then any negotiation should be on a new loan? Unless I sign a reaffirmation agreement. They havent called today at all and with the holiday coming up I probably wont hear much before my...

QUOTE (caravaggio @ Dec 30 2009, 02:19 PM) Without cracking my bankruptcy code, I'd say yes, if they are calling to demand payment from you, then they're in violation of the stay. Since they didn't leave a message, you don't know what they want, and can't whack them for dunning you. Maybe they're calling about the loan relief program and to see if you'd be interested. It gets more...

Thanks Babs, I feel like I'm on pins and needles worrying about this. The last thing I want is the sheriff saying get out tomorrow and we haven't found a place yet.

Super long story, but here are the higlights. Bought house, overpaid due to market at time. Bubble bursted, house lost about 60K in value, second son born with kidney disease, second income disappeared, started struggling, applied for modification before falling behind (and before banks started failing) never received a yes or a no. Dropped it. Fell behind. Applied for modification, requested relief under SCRA (husband is active duty), never...

Wow! That's crazy. So you have to ruin yourself to get help?? I guess I can just wait another 1.5 years and try again with BOA. The fact of the matter is I can easily afford my payments now and just want to get locked into a fixed rate. I will just wait it out I guess. At this point with my credit being what it is, it probably makes more sense. Thanks for all the help guys!! And of course, further input is always...

You would think huh? Any ways I will send them to you! Thanks SBS

thank you all so mcuh. I did speak with Wells Fargo and was indeed told that the letter we received is automatically generated. It's called a "acceleration letter." We are in "loss mitigation" and they realize that, of course. They said they needed a piece of paperwork, so I faxed it over. I pray that we are fully approved for the Loan Mod. BTW, this is a HAMP. Thanks everyone! TRJ