As some of you know, we are going through bankruptcy. We had our meeting of creditors on the 9th of this month, and the mortgage company didn't show up. I was a little surprised, but then when I started getting letters and calls saying we were late on our payment, I didn't really know what to think. Apparently our lawyer did do their job, but the mortgage company did not. For some reason, they either don't follow through with their jobs, or they just don't listen. So I have to take all the stuff I have gotten from them to the lawyer so she can file a "cease and desist" letter with them.

But that's really not why I am here, that's just the "back story"....

Today a gentleman came by the house stating he was with a property inspection company. He said he was there to see if we did in fact live at the address, and then asked if he could visually inspect the property. I told him yes, and he asked if he could take pictures also. No problem. I don't really care actually. The place is in great shape so I have no issue with them wanting to make sure their collateral is safe. I can understand it also. A lot of folks are just dumping their homes and not saying anything at all. They vandalize them and take what they want out and just leave. I guess I was just thrown off guard because here they are sending me letters and emails and phone calls about "hey your payment is late. You can refinance...blah blah" and next they do this.

Unless maybe their right hand finally figured out what the left was trying to tell them. I have even called them myself and attempted to get through the maze of reps to their bankruptcy department to let them know personally what was going on and give them my lawyer's number. I gave up after the third person said "please hold"...lol. Anyway, the guy just caught me unawares. I was wondering if anyone knew if this was SOP or if I should make some calls to find out if they (mortgage company) know what is up. It could have been another realtor looking to make a new listing. I mean, we have been getting offers for new vehicles and such, so maybe this his public record and even the realty companies are vulturing things.

I am trying to be as civil as possible in a bad situation. I mean, when we had to give up the truck, the leinholders called and said they would be sending a recovery company out in a few hours. I felt bad because our house is down in a "valley" and you can't really see it, plus I am disabled and cannot go out and get the stuff out of it and hubby was at work and "forgot" to do it. I don't have any relatives or whatever that can run out real quick and do it for me, so I was going to let them know, and see if maybe they could at least get the tags off of it and hubby would come by and get the stuff from it later. Well the lady at the finance company got REALLY pissed. She called me and asked me where I got the recovery company's number, um, it's on the front page of their website, and what I was doing contacting them. I guess maybe they aren't used to people they are repossessing from trying to be nice and let them know they have to come down a long driveway to see the house? I don't know, but she didn't have to call me again and chew me up.

What is wrong with people. I mean , I can understand being upset because someone isn't going to be paying you. I can really understand it. But don't they see that it hurts me too? God, I honestly want to pay my bills. It kills me that I can't. We have tried for months and months to stay afloat and we are so far under now even this isn't helping much. We still have no way of making money to live on, our son is helping us right now. He gave us money for a down payment on a clunker car from a buy here pay here place, and is going to be fronting us the money for the deposit on our apartment. We told him no several times and we didn't tell him about the money problems until it was obvious we were losing the house. He got upset because we should have said something he would have moved back in and helped with the bills. He is such a loving responsible son. We did something right with him. He has a great jjob making all kinds of money, he takes care of his bills and saves his money. He saved up enough to buy a motorcycle outright. Paid $4,000 cash for it. He is doing so well. We always told him to learn from our experience. Never do what we did and always save money.

Ok, went way off the track here. My main questions was does anyone know if the inspection is standard procedure? And if so, does anyone know about how much time that means we have to get out? We haven't received any formal letters or anything letting us know anything from the mortgage company, except for the above mentioned ones. Sorry this ended up being so long. I guess I needed to let something out.

If there is an eviction proceeding pending there should be an open record in the local court system. Maybe call the courthouse and ask about that. Other than that I can't help you but I am sure you cannot be evicted without some sort of civil proceeding.

Also some people have been avoiding foreclosure by demanding to see the documents.


http://www.therealestatebloggers.com...duce-the-note/


One of the tactics that you can use to fight your foreclosure is to force the lender to produce the note. What this means is that in the foreclosure proceedings, the lender or their representative has to procure the often hard to find Mortgagedocdocument.

Since the lenders have sold the note and parceled it off to many lenders, finding the original documentation is nearly impossible. Without the original mortgage document the proof of the debt is impossible to prove.

This can allow a judge to throw out to the foreclosure proceedings and buy the homeowner more time to pay back their debt.

So if you are fighting foreclosure, make sure that you ask the lender to produce the note. It may stop the foreclosure in it’s tracks.

During the real estate frenzy of the past decade, mortgages were sold and resold, bundled into securities and peddled to investors. In many cases, the original note signed by the homeowner was lost, stored away in a distant warehouse or destroyed.

Persuading a judge to compel production of hard-to-find or nonexistent documents can, at the very least, delay foreclosure, buying the homeowner some time and turning up the pressure on the lender to renegotiate the mortgage. chicagotribune.com.

__________________
Faith + Love = Happy

Well...it's not that. We filed bankruptcy. We already had our meeting of creditors. So that's not an issue. I was basically wondering if maybe this means that the mortgage company has finally gotten in their system that we filed bankruptcy and they are proceeding with whatever they need to do. I am trying to figure out how much time I have left to get another place to stay. That's all.

I am sorry for the long drawn out post above, but I guess I am a little stressed right now and with being home by myself all day, I guess it boils up sometimes. And on top of all of that, I am going through menopause and these hot flashes are KILLING me. I can't type a complete sentence without having to stop and get my fan lol.

You have a right to be frustrated, upset, disillusioned, etc. I truly understand about the hot flashes and menopause.

What does your attorney say? He must have gone through this with other clients. Did you look online for a forum or chat room for people who have experienced this?

__________________
Faith + Love = Happy

I called him while waiting to see what you guys have to say and he said "it's not abnormal for them to do this, just uncommon. Do NOT under any circumstances, let this man in your house." Duh. I have 2 big dogs and he pretty much stayed on the other side of the porch lol. He never asked to come in, just to look at the outside of the house and take pictures of the property. I wouldn't have let him in, anyway.

I haven't found anything online about it. I am going to try searching some bankruptcy forums and see what I can come up with.

So from what I can gather, because I don't want to call the mortgage company again, is that yes, it does have to do with the bankruptcy, but there is still no way to tell how long we have. All we can do is try to find something as soon as possible.

Funny thing..while on hold with the lawyer, a collection agency beeped in. I called them back to see what they wanted, and they are looking for someone I don't know. Wrong number, but still funny.

Thank you for understanding. Both about this and about the hot flashes. I am just in the beginning stages, but geez louise!

Wait until you are PMSing and perimenopausing at the same time. These hot flashes and mood swings will seem like a joyride!

__________________
Faith + Love = Happy

Did you file a Chapter 7 or Chapter 13? Do you intend to keep the house.

eviction process takes time. You have to be given notice (usually be the Sheriff office or some other officer of the court) and then once that notice is up, the owner or lien holder has to get an order of eviction from said court. So, if they are evicting you, you should be getting notice.
If you are letting the house go back, I don't know what kind of time frame--that's probably something your attorney can negotiate for you.

__________________
"God is great,
Beer is good, and people are crazy"

Chapter 7 and no.

Ok thank you. We are letting the house go back. I am sorry if I did not make that clear. My mind is going in fifty different directions at once lately lol.

They really should not be taking action towards foreclosure until the bankruptcy is discharged. The trustee should be handling the sale or return of the property to the mortgage holder.

When you filed the paperwork, an stay against any and all collection activity goes into effect. It's the court's job to notify the creditors.