Unnotified foreclosure without due process

[jefrobodean]

Greeting Suijuris family

I have a problem that I have been wrestling with for over two and a half years.
And dealing with what I call "Real True Bank Robbers ". In the last two and a half years these bank robbers have me and my family held up as hostages we have use every remedy that we could have think of to try to escape for our freedom. On last month I had to use my only last remedy and that was to file a #13 so that the Real Bank Robbers would not foreclose on our home. Now I am in their holding cell bankruptcy court. On this up coming Wednesday I have to meet with the bank robbers negotiator *creditor*. I am trying to see on how show I fight these bank robbers on their playing field * in their bankruptcy court * or outside the bankruptcy court.

If someone was in my shoes what steps would you take next?

Thanks for your replys

[Judge Roy Bean]

Originally Posted by jefrobodean

Greeting Suijuris family

I have a problem that I have been wrestling with for over two and a half years....
If someone was in my shoes what steps would you take next?

Thanks for your replys

I'd recommend you visit the forums at http://www.creditinfocenter.com - they have a specific section on bankruptcy and a lot of people who have 1st hand experience in dealing with BK and foreclosure, and not from a theoretical standpoint.

[mikah2k]

....................

[charlesa6]

Originally Posted by jefrobodean

Greeting Suijuris family

I have a problem that I have been wrestling with for over two and a half years.
And dealing with what I call "Real True Bank Robbers ". In the last two and a half years these bank robbers have me and my family held up as hostages we have use every remedy that we could have think of to try to escape for our freedom. On last month I had to use my only last remedy and that was to file a #13 so that the Real Bank Robbers would not foreclose on our home. Now I am in their holding cell bankruptcy court. On this up coming Wednesday I have to meet with the bank robbers negotiator *creditor*. I am trying to see on how show I fight these bank robbers on their playing field * in their bankruptcy court * or outside the bankruptcy court.

If someone was in my shoes what steps would you take next?

Thanks for your replys

If you stall them for 2 1/2 years, then you doing something right they can't ignore.
I bet you, they not going to show up for the creditors meeting.
This last chance, with the bank robber's negotiator as you call it, and make sure you tell your side of the story to the trustee, during the creditors meeting.
The trustee is your last possibility, and he or she will ask you if you have anything to tell at the end of the meeting relatively to the mortgage loan with that bank.
Be prepared, because trustee is the one who is going to recommend your situation, and the payment plan to the black robe.
Question: Do you have a lawyer?
Do you have your payment plan prepared?
Do you list all the creditors including credit card, Personal loan, Payday loan, Car loan etc?

[jefrobodean]

Hey thanks charlesa6

on the bottom question I do not have none of those no lawyer no plan and I did not list all of my creditors. I file a #13 so that we could save our home. My wife and her father name is on the mortgage. My name, wife name and her father name is on the deed. So file myself because I am the one who have been doing all of the homework. So now I am in a crossroad on what should I do next trying to see should I fight them in their playing ground( bankruptcy court) or should I fight them outside their bankruptcy court.

Should I show them what we already give the mortgage company. Like the copy of a B.O.E and a notary sign NOTICE OF DISHONER and a notary sign NOTICE OF FAULT and a notary sign NOTICE OF DEFAULT. These are what my sign and what a prepared and was sent out with copy of receipts.

Can I speak on the behalf of my wife since I am the one who file the #13?????

[charlesa6]

[quote=jefrobodean]Hey thanks charlesa6

on the bottom question I do not have none of those no lawyer no plan and I did not list all of my creditors.

1. You should list all your creditors, because the trustee is going to pull out your credit history. 2. Unless you want to get out before your bankruptcy be official within the first court day.
You get have a payment plan schedule. If you don't have all this info, the trustee will give you time frame to complete it or your petition will be dismiss.

I file a #13 so that we could save our home. My wife and her father name is on the mortgage. My name, wife name and her father name is on the deed. So file myself because I am the one who have been doing all of the homework. So now I am in a crossroad on what should I do next trying to see should I fight them in their playing ground( bankruptcy court) or should I fight them outside their bankruptcy court.

bankruptcy court is your possibility.

Should I show them what we already give the mortgage company. Like the copy of a B.O.E and a notary sign NOTICE OF DISHONER and a notary sign NOTICE OF FAULT and a notary sign NOTICE OF DEFAULT. These are what my sign and what a prepared and was sent out with copy of receipts.

You have to bind it with your case, you don't need to show them, unless if they ask you for your copy. You can mention it to the trustee during the creditor meeting.
Remember, the other party, they are going to attack whatever you file on #13, they have the time frame to do so before the first court day.

Can I speak on the behalf of my wife since I am the one who file the #13?????

As long as her name on the deed too. Yeh!
The moment you file bankruptcy, the bankruptcy court already have your profile,and the rest of your family on the deed , and mortgage, so be very careful when you answer the question, the trustee ask you during the creditors meeting, or your bankruptcy petition will be dismiss, and you will be back to square one.

[jefrobodean]

Thanks charlesa6

Still standing at the crossroad trying to deside what route would lead us near to the finish line.

a.) drop out of the bankruptcy court and handle it in another way.

OR

b.) Stay in bankruptcy court and try to fight them on their on ground and fight them to I can't fight them no more.

Have anyone ever came to this crossroad and what route did they take?

[charlesa6]

[quote=jefrobodean]Thanks charlesa6

Still standing at the crossroad trying to deside what route would lead us near to the finish line.

a.) drop out of the bankruptcy court and handle it in another way.

If you drop out of bankruptcy, your case will be dismiss, and the bank will reopen the case back to the lower court for forclosure sale, and you will be back from where you start.

OR

b.) Stay in bankruptcy court and try to fight them on their on ground and fight them to I can't fight them no more.

Bankruptcy is your last straw, stay there and fight it. If you well prepared, you can do it.

[Judge Roy Bean]

A Chapter 13 bankruptcy offers an automatic temporary stay of a foreclosure until the plan is approved or the case is dismissed. Most lenders/servicers will automatically file a motion for relief from the stay so they can proceed with the foreclosure, operating on the theory that less than a third of Chapter 13 cases wind up with a successful discharge.

Pay close attention to their proof of claim. If the amounts are in dispute, your response is to challenge their proof of claim. At that point, whoever has the best do***entation will probably win.

Also note that after the 3 or 5 year plan completes, the servicer may try to come back and put the originally claimed amounts back on the loan after the discharge. That's a no-no. Any amounts discharged (including those in the proof of claim that were denied) legally don't exist.

Bankruptcy courts have sanctioned servicers and their attorneys for playing games. And the fact that the foreclosure mills handle so many cases they are bound to screw up can work in your favor if you keep on your toes.

One other point, in a 13, attorney's fees can be part of the plan, so you don't have a large cash outlay up front. But if you do get an attorney to do the filing, make sure they know and understand what is known as "predatory servicing."

If you don't mind, who is servicing the loan? There are a handful of them who are in a constant state of civil litigation and are well known in the legal community as bad actors. Some law firms specialize in making their lives miserable.

[charlesa6]

Originally Posted by Judge Roy Bean

A Chapter 13 bankruptcy offers an automatic temporary stay of a foreclosure until the plan is approved or the case is dismissed. Most lenders/servicers will automatically file a motion for relief from the stay so they can proceed with the foreclosure, operating on the theory that less than a third of Chapter 13 cases wind up with a successful discharge.

Pay close attention to their proof of claim. If the amounts are in dispute, your response is to challenge their proof of claim. At that point, whoever has the best do***entation will probably win.

Also note that after the 3 or 5 year plan completes, the servicer may try to come back and put the originally claimed amounts back on the loan after the discharge. That's a no-no. Any amounts discharged (including those in the proof of claim that were denied) legally don't exist.

Bankruptcy courts have sanctioned servicers and their attorneys for playing games. And the fact that the foreclosure mills handle so many cases they are bound to screw up can work in your favor if you keep on your toes.

One other point, in a 13, attorney's fees can be part of the plan, so you don't have a large cash outlay up front. But if you do get an attorney to do the filing, make sure they know and understand what is known as "predatory servicing."

If you don't mind, who is servicing the loan? There are a handful of them who are in a constant state of civil litigation and are well known in the legal community as bad actors. Some law firms specialize in making their lives miserable.

JRB, you done wonderful job,for the procedure, and finding in clarify the bankruptcy court, and filing.

I'm very impress, yes indeed. Good job. Grin.