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Here is a link to some sample letters from the CFPB. The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our the second mortgage was stripped from BK13 and I fallow everything what the attorney told me, I went bankcruptcy court to get a stamp certified copy of the document. Then I took the certified copy to the county recorders office. And 4 weeks after that my second mortgage was forever stripped. You need to send them a letter letting them know that you filed for bankruptcy, and the debt is in your list of debts and creditors filed with the bankruptcy court and you do not owe the debt any longer and to stop contacting you.

Here is a link to some sample letters from the CFPB. My attorney did this year and half ago he send a letter to them that the second was stripped from my BK13. Thanks again your forum a lot a help to a people like me. The comments by me and the materials available at high interest loans for bad credit this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the quick payday loans no credit check opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.

The Chapter 13 was dismissed and they were unable to strip the lien. PPR dragged their feet responding and the lawyer dragged his as quick payday loans no credit check well giving PPR more time than allowed based on the paperwork timelines. I would have done it differently but online loans alberta this was their choice. And anyone else who has to deal with them has quite a fight on their hands. The final part: They settled with PPR and are making monthly payments on the old low interest cash loans mortgage - They wanted to keep their home. They get to keep the home and should they decide to walk away at some later date they have no financial risk.


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Once they settled they no longer had a need for the Chapter 13 therefore the dismissal was very appropriate.

This may not be the perfect outcome but it does work. Breaks my heart as our credit was very good and all bills were on time and had a little savings. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. One business I could never be a part of............ Why the 2nd could not have given your friends the offer of 1700 is beyond me and america payday loan must only be about revenge and punishment for being a bad debtor. Thanks Spike - I have followed the deeds and then looked the properties up online and they show as foreclosed. Alvarez is the person I mentioned a few posts above. I submitted for a Pacer account just waiting for them to turn it on. The case referenced by Spike resulted in a denial by the Judge for quick payday loans no credit check a preliminary injunction (no surprise there) and is the reason this person filed the Chapter 13 (with the assistance of counsel) and then filed a the ill advised Adversary (without the assistance of counsel). My guess is that there is personal loans ohio plenty of equity and, as a result, Mr.

Alvarez simply cannot afford do what the law allows in the context of his Chapter 13 - cure and maintain. But, he will be able to drag this out for, maybe, six months - will be fun to watch. The case referenced by Spike resulted in a denial by the Judge for a preliminary injunction (no surprise there) and is the reason this person filed the Chapter 13 (with the assistance of counsel) and then filed a the ill advised Adversary (without the assistance of counsel).

Des I thought I found some cases about questioning about ownership of the Note and such and much of quick payday loans no credit check it seemed to go in the favor of the JDB- have you found that to be the case as well?

Des I thought I found some cases about questioning about ownership of the Note and such and much of it seemed to go in the favor of the JDB- have you found that to be the case as well? The show me the note garbage does not work in Arizona. There are many plays on the arguments but, as far as I know, no success on the merits. I can tell you that many times the only payday loans in laredo tx reason for bringing such litigation is to get the parties to the mediation table. However, such a plan typically only works when there are darn good settlement attorneys on both sides. In the Alvarez matter, unless the debtor gets off the bogus arguments and starts trying to work with his lender, he will eventually be out on the street.


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A review of the history of the property shows that he has had it quick payday loans no credit check for a while and used it, for whatever reasons, as an ATM.

He almost lost it to the first but either cured the default or got the loan modified in some way. So, his only hope is a cure and maintain through the Chapter 13 or some sort of loan modification with the second. Remember, the bk court has no authority to force a modification.

As a result he has to start treating the lender with respect if he wants to keep the home. Ok- Someone please help me figure this out with the OP notes. The note is 180 on first, the 2nd is 85, equity is 30. So they walk away with maybe 8-10g and then they still pursue the borrower for the deficiency on the non recourse?

And during the foreclosure process with the 1st- they evict you and rent out your house for 1-2 years and make another 12- 28,000? Ok- Someone please help me figure this out with the OP notes. The note is 180 on first, the 2nd is 85, equity is 30. Excuse my ignorance- I am just trying to learn what their game and money is in this In the recent past the 2nd foreclosing made no sense and rarely happened. Home values in the Valley are in nearly (if not in) double digit appreciation mode. In the mean time, it can rent it out day payday loan while servicing the 1st. Thanks Des- What is interesting of late I am seeing home prices falling in some areas of the valley. I am also seeing some articles that they think the boom is gone and private investor market is and has been getting away from AZ. Anyway- like you said Des- they are not going away. I think many are use to dealing with CC debt and such- but a secured loan is a different beast with more teeth to it. To be honest, your friends might be in a much better position if the markets continues to grow, giving them the option to sell and pay off the debt down the road with a sale. It might be a few years of pain with the additional payments, but figure if they get 3-4 percent growth a year- they might be able to break even in with a sale in a few years.

They already might have 30g in equity so it might not take too long to get out from under this debt. Des - The over 200K value came from real estate websites like Zillow. They are getting the actual appraisal tomorrow (Friday). If it comes in higher than 190 I would be surprised. The house is 40 years old with no updates (cabinets, flooring etc). They know it will never be paid off - sad - they made their financial bed so to speak. I went with my friend to her lawyer yesterday and threw out all the ideas I had based on research comments here and on a couple other sites. The only thing the lawyer has is Chap 13 if the house has little to negative equity.


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I also asked about the show me the note as I have heard that work with credit card JDB. He did look up Section 506, need quick cash but something about not being able to do a cram down because this is their primary home and the debt is secured. In the mean time, it can rent it out while servicing the 1st. Once I hear back from my friend I will update this thread. And I agree this is going to start happening alot due to the market coming back and maybe it will help someone in the future.

Well what about the cost to the JDB to put the house in condition to sell or rent? The obligation to repay anything was discharged in his bankruptcy, so he cant be sued for deficiency. Well what about the cost to the JDB to put the house in condition to sell or rent? The obligation to repay anything was discharged in his bankruptcy, so he cant be sued for deficiency. I purchased a brand new central air- god forbid I was foreclosed on- I still wonder how they would be able to charge me with a crime easy personal loans online with something I quick payday loans no credit check legally own. I still wonder how they would be able to charge me with a crime with something I legally own. Not much to work with but they are going for a chapter 13 anyway. Since June 1 the assignment of my friends mortgage is the only thing listed in county recorded docs. Keeping my fingers crossed this works out for them and they keep their home.

Adversary dismissed with the court to determine imposition of non dischargeable attorneys fees against the debtor upon formal Motion of the creditor. As is typical of debtors, waiting for either 1) Motion to Amend Complaint - will be denied 2) Motion to Reconsider - will be denied or 3) Notice of Appeal.

BS - She did call and they dragged their feet having the appraiser call her back. I tend to doubt that a Motion to Dismiss was filed on this basis since the alleged failure to cooperate with a creditor in obtaining an appraisal is not a grounds to dismiss.

It is a simple discovery dispute which would be rectified by a court order. You would need to obtain a copy and read it to find out. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either affordable loan company save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.