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Ok, I am going to make a long story short. (if I can)
We found out in November of this year that our mortgage was sold in March of this year. We had been sending certified checks (because I am a victim of identity theft). We called in November because we were late with Octobers payement and would be late with November's since I had 2 surgeries. We found out that the mortgage had been sold and we were sending the payments to the wrong address. We tried to explain what happened but they said we had to pay the past due amount in full or they would foreclose.
We tried to send a partial payment through western union and they rejected it.
We found out it could take up to 6 months for a refund on the certified checks. We now know we should have sent all payments western union but there is nothing we can do now.
We don't know what else to do and the Sheriff's sale date is July 12, 2007. We have tried credit counseling and the mortgage company won't budge.
Any suggestions or recommendations? We feel chapter 13 is the only way to save our home.

Posted: Fri Dec 29, 2006 4:28 pm Subject:

threes -

Welcome to the forums! You have come to the right place for advice.

First, I would think long and hard about filing bankruptcy. Chapter 13 will stop the foreclosure, but it will also adversely affect your credit for a very long time.

If the sale date is not until July, 2007, you have some time. Can you gather the money to make the normal mortgage payments plus enough to make up the past due (by paying extra each month) by that time?

Also, if you feel Chapter 13 is your only option, be sure to discuss this situation with your attorney when you go for your initial consultation. I know others here will come along with more useful suggestions than I have been able to offer- please keep an eye on this thread for more info and possible solutions.

Posted: Fri Dec 29, 2006 4:32 pm Subject: OOPss...

I meant sale date is January 12,2007

Posted: Fri Dec 29, 2006 4:34 pm Subject:

Whoa...you definitely need to move fast, then. If the sale date is January 12, you need to talk to a Chapter 13 bankruptcy attorney immediately if your plan is to file in order to save your house.

If someone else has any other options for this situation, please post them.

Posted: Fri Dec 29, 2006 4:40 pm Subject:

threes--

July 2007 is long while from now, but if you feel Ch 13 is your only option, then discuss the matter with a bankruptcy attorney. In a Ch 13, it will stop the Sheriff's foreclosure sale, and allow you to repay your mortgage arrears, but you will still be obligated to make all future paytments directly to the mortgage company, and they can't proceed with the foreclosure. I'm not advising you to file a Ch 13, it is something you should discuss at the consultation.

Posted: Fri Dec 29, 2006 4:40 pm Subject:

brownsugar - sale date is JANUARY 12....there was an error in the original post.

Posted: Fri Dec 29, 2006 4:44 pm Subject:

I'm sorry

Posted: Fri Dec 29, 2006 4:45 pm Subject:

No problem - don't be sorry! I just wanted to be sure you were aware there was some urgency to this case, where they really don't have time to catch up on the payments.

Posted: Fri Dec 29, 2006 4:54 pm Subject:

I've had a consultation with a BK attorney, and some of the info the attorney had given me was that, they(BK attorneys) usually need a full two weeks notice to ensure that all pending sales are stopped successfully.

Posted: Fri Dec 29, 2006 4:56 pm Subject:

Any suggestions? We have tried everything.

Posted: Fri Dec 29, 2006 5:04 pm Subject:

Do you think there are any attorneys that would do it more quicly than others?

Posted: Fri Dec 29, 2006 5:07 pm Subject:

You would need to consult a bankruptcy attorney ASAP. Unfortunately Brownsugar is right. (At least that is the case if you were living in OH)

Posted: Fri Dec 29, 2006 5:07 pm Subject:

I am in Michigan. Any suggestions?

Posted: Fri Dec 29, 2006 5:15 pm Subject:

I don't know what type of loan you have, HUD has programs to stop foreclosure. Have you asked your mortgage company about these programs? I know where I live the Housing Agency here provides assistance to homeowners by paying their past due mortgages up to $3500 to prevent foreclosure.

Posted: Fri Dec 29, 2006 5:15 pm Subject:

threes - I am also in Michigan, and filed Ch. 13 myself. Can you PM me and tell me where you are?

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