blog

Bankruptcy and more frustration...

Wed, 29 Jun 2011 14:39:40 +0100

They did send me a certified letter it came while I was away on business for several weeks and so was sent back as my S/O was not able to pick it up.
I asked the lawyer how they are able to just go ahead and do this without having me have signed the paperwork.
He said by law they can't however it seems they are.

I also asked him what has been happening.
They have been in constant contact with the lender/mortgage company etc.
The mortgage company acknowledges they have the first mod in front of them ie they have all the paperwork and it should have been honored.
They also said they are in negotiation with my lawyers about a mod with Nationstar/them so again this should not be happening.
They have filed a postponement or so they say but said that it may be the day before the sale that it stops it if it stops it, my lawyers do not trust them or what they have said.
I told the lawyers to go ahead and file an injunction which should have them speed this up, should being the predominant word.
We are going to be sueing them.

Now will this let me keep my house?
Even the lawyers said that what it boils down to is that even if we do the injunction, even though they are in the wrong when it gets to the judge the judge to keep his docket flowing smoothly may wind up just letting them do this.
Yes you read that right.

So why fight?
I mean really why do this?

I've been told to get a bankruptcy which I have to do in GA.
I have found a law firm to do that.
I go tomorrow morning to get that done.
More money I don't have to save my house.

I have some friends urging me to just let it go.
Thing is I have fought hard for this for months now and letting it go seems like a waste and me giving up.
I do NOT give up.
I may lose but I will damn well have given this my best.

Forelcosure, house, more frustration June 27

Wed, 29 Jun 2011 14:30:02 +0100

Talked to the lawyers today.

So seems when Citibank gave me the mod and then sold it they WERE supposed to honor it they being nationstar.

It's the way the HAMP program is set up and you can't just sell it mid mod like they used to to get out of the mod.

So that lends us some leverage.

My house is set to go up for auction on the 5th of July.

Yeah not kidding, and really not happy.

They have been in constant contact with the mortgage company.

Mortgage company swears that the one department has not contact with the other.

My lawyer wanted to punch them yesterday, not kidding.

The mortgage company also told them that the house should not be in foreclosure, that they have me in modification process which by law the house is not supposed to be foreclosed on due to that ie being in mod process.

They have the paperwork for that.

They also state they have sent postponement to the lawyers to stop the foreclosure.

My lawyers said they are not trusting the mortgage company and so today we set in motion an injunction to stop this.

We will be sueing them.

However this may or may not stop the foreclosure process, yes you read that right.

I was also told to look for a bankruptcy lawyer.

So far that is a dead end as all the ones I call are quoting me 2200 or more to file for me and most of that is for them as it only costs 275.00 to file chapter 13.

SO there it is.

I may lose the house.

I've fought the good fight.

I am not happy and am uber stressed.

However if it does wind up where i do not get to keep the house I have a place to go.

I am hoping to keep the house but right now am ready to just throw in the towel and say fuck it.

More on the house June 22

Wed, 29 Jun 2011 14:27:56 +0100

So I periodically check the listings in the area to make sure that I don't have my house up there ie no surprises.

I found this...

http://cherokee.mdjlegals.live.communityq.com/?content_source=&category_id=&search_filter=&event_mode=&event_ts_from=&list_type=&order_by=&order_sort=&content_class=&sub_type=legals&town_id=&page=5

F-1087 NEWSOME, MICHELE R. NOTICE OF SALE UNDER POWER GEORGIA, CHEROKEE COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Michele R Newsome to Mortgage Electronic Registration Systems, Inc., as nominee for AEGIS Wholesale Corporation, its successors and assigns dated December 21, 2006 in the amount of $123,000.00, and recorded in Deed Book 9334, Page 440, Cherokee County, Georgia Records; as last transferred to Nationstar Mortgage LLC by assignment; the undersigned, Nationstar Mortgage LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2011 , during the legal hours of sale, at the Courthouse door in Cherokee County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 1183 of the 21st District, 2nd Section of Cherokee County, Georgia, being Lot 101, Oak Grove Estates, according to plat as recorded in Plat Book 3, Page 391, Cherokee County Records, said plat by reference is incorporated herein and made a part hereof. which has the property address of 5541 South Sycamore Drive, Acworth, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Michele R Newsome and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Nationstar Mortgage LLC Attorney in Fact for Michele R Newsome McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 11-05456 /FNMA/tgreer THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 6:10,17,24,7:1

6/10/11

Was worried about the wording in this so contacted the lawyers and it took them a few, been uber stressed over all this and this was just the icing on the cake ie the house being listed.

I am a bit irritated that the house was listed the same day as the note as in Ga the listing is supposed to be 60 days, you are supposed to receive the notice via process server or certified mail but that did'nt happen either, not sure what is going on with that as another friend also had it happen the way it is happening with me.

So lawyer sends me this...

I understand the concern based on the language of the notice of sale and the timing of the foreclosure. Let me explain to you what is being done to attempt to have this sale date cancelled and/or postponed. We have been in constant communication with the lender on this file. This lender has assured us multiple times that as your loan is still under review for modification they will be attempting to postpone sale as the date grows closer. Under your lender’s guidelines, they do not postpone sale until within 10 days prior to sale. If your lender fails to postpone the sale, your litigation department team is also able to file a in-court action to attempt to cancel the sale. We are generally successful in cancelling at least one sale, if not multiple sales, in order to retain homes for our clients. (though this success is never guaranteed as it is dependent on the court, on the current income and numbers a client can provide, and on the particular negotiator that the bank has assigned to the file.)

It is important to note, that even if sale is held, the sale only affects the home and its fixtures, and not any of your personal property/vehicles/furniture. Also, it is important to understand that sale does not mean that you have to immediately leave the home. In Georgia, you generally have anywhere between 30-90 days, which we can negotiate for you, to effectuate a safe and easy move. Our goal is to keep you in the home and we have made good progress with the lender thus far, but just in case the sale is held at any time, it is important to know the timing.

So yeah could still lose the house.

Right now we are not concerned. Well I am but at this point I am of the opinion I've fought tooth and nail for this house, for MY house and will continue to do so however if it does not wind up with me being able to keep it I will find me a place to stay and we will move there and I will continue to enjoy my life.

We currently have an offer on a place to stay should things fall through and that makes me even less stressed than I would normally be so it's all good.

Either way I win in the end, I may come out of this without my house but I will wind up knowing I did the right thing.

June 15 get foreclosure notice via regular mail...

Wed, 29 Jun 2011 14:26:56 +0100

Update on house, got foreclosure notice though how it can be sent via regular mail I don't know but hey there ya go.
Said house is being sold July 5th at courthouse.
Lawyer was like 'um no' and called the company sending out the notice.
Again the exucse that one dept does not communicate with the other and therefor boo booed, yeah lets fix that shall we.
Still ok just irritated and stressed over it all.

Thanks to all who have donated so far...

Fri, 03 Jun 2011 14:26:06 +0100

1,220 towards our 4,000.00 goal.
Every bit helps so much.

Been doing ok.
Still waiting.
Still sending info to the lawyers each month when I get it, if I get any.

This month sees me in TX and FL on business.

Waiting and hoping...

Sun, 01 May 2011 17:17:59 +0100

So continue to wait.
I heard from the lawyers a bit ago wanting to know if I knew my house was up for sale.
I was like WHAT?
Yeah so seems in their records, so they can use it as a scare tactic or whatever they had it listed down as up for sale on the day he called.
He asked if I had gotten anything from them certified mail and I told him no.
If I do it gets sent right on to the lawyers.
So I got the don't worry and we are waiting and talking with them.

So now again it's waiting and hoping things turn out right.
I know I chose the right people to handle it even though I don't really have the money to do this, but I could'nt afford to lose the house either.
I've been paying the lawyer right now rather than paying the mortgage as I can't afford both.
Not something I want to do but have to do at this point.

Today there's no food in the house, the bank is empty of fundage in my account and I don't have anything coming in till next weekend.
Shrug that's the way it is gotta deal with it, put on my big girl pants as it were.

I will survive, I know that I always do it's just it's really hard right now.

Talked to the lawyers office today...

Wed, 06 Apr 2011 23:08:33 +0100

They pulled my credit report and are gearing up to clean up any erroneous info and items on it.
This will in effect clean up a bunch of my credit and improve my score.
Hiring this firm was one of the best choices I could have made and they are currently negotiating with Nationstar for the Modification I was supposed to have via Citi.
We'll continue to see how it all works out but am more hopeful now.

Been having a ton of stress over all this still to the point of some really intense nightmares and today a migraine and tension headache, shrug I'll get through this and will survive.

VIDEO: 'This Is Not America': SWAT Team Evicts Grandmother, Community Fights Back

Wed, 06 Apr 2011 22:58:03 +0100

http://www.michaelmoore.com/words/mike-friends-blog/video-this-is-not-america
Day after day, the media and government ignore an ongoing national tragedy: a tsunami of foreclosures is still sweeping millions of Americans out of their homes. As many as three million American families this year will hear a terrifying knock on the door: a law enforcement officer will tell them to get out, because a bank won't work out a fair deal and allow them to stay.
It was a moving scene captured on the video below.
<object style="height: 390px; width: 640px"><param name="movie" value="http://www.youtube.com/v/e2axN1zsZno?version=3"><param name="allowFullScreen" value="true"><param name="allowScriptAccess" value="always"><embed src="http://www.youtube.com/v/e2axN1zsZno?version=3" type="application/x-shockwave-flash" allowfullscreen="true" allowScriptAccess="always" width="640" height="390"></object>

Today across the United States, more than 8,000 people will lose their home to foreclosure. They are grandmothers, husbands, sisters and aunts. They are the fabric of our community: the teachers, the janitors -- the same workers who are under attack in Wisconsin, Ohio, Indiana, and elsewhere.

The time has come in the United States where we all must be brave like the volunteers of Take Back the Land, where we all must be eviction defenders. Fannie Mae and Freddie Mac were originally established to help US citizens fulfill the dream of owning our homes. In a time when communities are hurting, we must stand together and demand policies that will save American families from losing their homes. We must stand together to protect and rebuild the American dream.

Things that make you go hmmmm...

Sat, 02 Apr 2011 03:34:58 +0100

Yesterday we recieved a couple of peices of mail.
One was from Nationstar.
In it they tell me that the mod I applied for, (I have not with them as I do not trust them and they told me that the mod from Citi would be upheld etc), was not able to be granted.
Hmmmm...ok well I never applied to you for that loan soooo...
It goes on to say that they have one that they can put me in that does not require income verification etc.
Um ok really?
They had told me the reason they could'nt uphold the mod from Citi was that I did'nt have all the verification they needed and that what they had was outdated.
Now all of a sudden they can suddenly give me a modification.
I cry foul but hey not that they care.

They've also decided lately to let the phone ring till I answer it and then hang up, they do this multiple times during the day. I am so not amused.

So I get to pass all this along to my lawyer and let them know what is going on.

Money raised to help save house...

Wed, 23 Mar 2011 14:34:15 +0100

Many thanks to the several awesome individuals who have already donated to help save my home.
I've raised 220.00 out of the 4,000.00.
It may not seem like much but it means a lot to me that folks are doing this.
I hated to ask, to put that out there and for folks to be helping it means a lot to me.
So only 3,780.00 to go, am hoping we can do this.