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Need help to save my home

Submitted by on Fri, 03/25/2011 - 20:41
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I came on this forum last August after I was going negative the same day I was getting paid, from payday lenders. I followed the wonderful advice I found here and six months later, $11,000 in payday loans is gone. They were written off if not legal, settled, and one who was abusive ended up paying me $. Now I am back. With a bigger problem, but I know with the love and heart of everyone who reads this someone will have a solution. I got into mess/debt for a lot of reasons. My husband had heart disease, we had seven children, two in college at a time forever, I am disabled, had nine surgeries. Life happens. We refinanced our home in 2000. Took a Texas Home equity loan. (Same as mortgage). 12.3%. I had no idea that we were getting into subprime lending. Our loan has been flipped, sold, five times. In 2008 we ended up with MGC. I asked them to modify our loan. They said no. Sell a car and you can afford 12.3. I told them it was predatory and even wrote to our congressman. In 2009 a lawyer reviewed my loan documents for four months and then called me and said loan was not legal. He sent a demand letter, then filed a lawsuit a year ago. He said my loan would be wiped out. So when the transmission went out on our ten year old car, I bought a new one. Detrimental reliance. He said I would never have a mortgage payment again. We were in litigation hold. Stopped paying when lawsuit filed. In July some ruling from an appeals court was handed down, and it nullified one of the causes in my lawsuit. MGC then filed for summary judgement and were able to prove that my attorney was just wrong on the other issue. He removed it. All that has me hanging on, barely, is I told judge in December that I have TILA violations. Attorney would not pay for audit and he knows nothing about TILA. Was drug back today, and again, MGC won a second partial summary judgment. They want my house. They probably paid $300-$3000 for bundled loan. Maybe less. I fired my attorney yesterday and judge still made me go forward with hearing today. Judge says she is mandating mediation and MGC says they will file another summary judgement. Now, I have no attorney. Went to mass. When everyone singing "Here I am Lord" I just lost it!!! Could not stop crying. I am in a district court. Someone told me today I need to file bankruptcy to get to federal court and attach a civil lawsuit against my lender with it. He says that works. Gets me to the federal level. I have $35,000 in unsecured debt. Personal loans from margin calls in 2008, others made just to buy food during payday loan crisis. My daughter has offered to pay those all for me this week, I would pay her 844 for four years. Would leave me $700 a month. Some of the $35000 are companies like citifinancial whose interest is 20%, Cash call at 99% interest,while I know it is nobel to repay debt, I have been through the fire. Paid these people ten times what I borrowed and they still want more. MGC says my original loan was $129,600. I have paid $163,000 in P and I in last ten years. Now, they say my balance is $122,000 and my payoff is $176,000!!!! They want to take my house. Chapter 13 is sounding better. Texas is a community property state, but can I file alone since my husband is just a co-signer on the unsecured debts? Want to involve him as little as possible. Heart disease for 19 years. Having surgery Tuesday. Dave Ramsey says food, shelter, transportation and everything else can go to h......!! Please, hear my pain and give up some good advice. We have lived in house for 29 years! Should have been paid for but numbers are going up instead of coming down with loan sharks. Does Chapter 13 wipe out some unsecured debt? God bless you wonderful readers. I know my prayers will be answered when your comments start coming in!!


Though Texas is a community property state, you'll be able to file bankruptcy alone. However, in order to file bankruptcy, it is always better to take help of a bankruptcy attorney. The attorney will go through your financial situation and let you know which chapter of bankruptcy filing is best suited for you. If you file Chapter 13 bankruptcy, you won't be able to wipe out your unsecured debts. Rather, you'll get an affordable payment plan depending upon your financial situation and pay off the debts within the next 3-5 years.


Submitted by Anna Sweeting on Sat, 03/26/2011 - 00:57

Anna Sweeting

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