Bagels at a Bar mitzvah Part II

[Survivor_IN]

I found it odd that I wasn't allowed to personally pay taxes OR insurance and have gotten refunded as well. I was willing and did try. This little hidden control of authority also prevented me from changing the homeowner policy.

 

[Survivor_IN]

You got mail MoT.

 

[cookiemom]

Question. On my 1st mortgage that was approved for the making homes affordable. Why would this nit be considered a refinance? The interest rate, terms and financed amount changed (increased to cover their attorney foreclosure fees, back interest etc.).

 

[cookiemom]

Welllllllllll wish the best. Schneiderman & Sherman PC sent me a letter on behalf of shellpoint.

 

[cookiemom]

And .. recieved a text message from a broker for the notice of foreclosure of my home. I want to throw up.

 

[cookiemom]

I am sorry for the multiple post i justdon't know what to do. My attorneyis for some reasonblowingme off. Now that it has been posted for a Sherrif sale with the date of Dec 12th I am freaking out. I am trying to reread all the post here on the fourm. I'm absolutely overwhelmed. Do i hire another attorney? I can't lose my home.

1. Foreclosure defenses.
   1. Can convert my Chapter 7 BK from 2008 to chapter 13? I am asking because the second lien was partially unsecured, and within that section states "Debtor will reaffirm at fair market" I have an appraisal dating back to that period that shows its actually lessor than listed on BK. Can I convert to strip the second lien based on those total? https://casetext.com/case/in-re-fuqua-4
   2. Respond with statute of limitations, accord, satisfaction, recission, laches, find any violations, challenge their authority (POA)? I do not have access to review NCLC 12.10.2.4 Michigan

1. Why was the Making Homes affordable loan mod not considered a refi?
   1. I could not purchase the home without one or the other.
   2. The loan “mod” on the first not only changed the duration of the loan, it changed the amount being financed and technically the lender changed as well. If a refi was conducted then the second would have to be taken into account. Why would this not be the case here.

1. I have not read to many wins when challenging unclean hands but the delayed update to country records is odd. Do they have the authority to foreclose based on the PSA they have to seek approval from the investors which is in a 15-15d status? They just have copies of the documents that was obtained through MERS.

1. How can they charge $100k in interest and fees legally?
   1. I have nothing from them ever showing a detailed accrual of what this consists of, are there fees?
   2. I understand that during the foreclosure that was initiated by the first in 2010, the second was just sitting back to get what they would get if all went through. I swear during this time RTR sent me a lien release settlement but I thought was spam based on BK attorney comments and that I was already working directly with BOA on my options.
   3. I am assuming what they are doing now, is in the foreclosure advertisement they have listed the balance due on the first mortgage since that needs to be satisfied and anything remaining after the sale they would just take. Stripping me of any equity I have paid towards the first and home improvements.

How can I get them to negotiate with me? It is gut-wrenching to think of going through foreclosure and/or paying $149k on something that was bought pennies on the dollar- from its original note of $42k. I have offered $20k as a lien release settlement. I am a single mom, there is no way I can uproot my daughter from our home. We would have nowhere to go. I have had that money stored for a car because I really need one, but have been holding off in case I need it to save our home.

 

[moretrouble]

Just learned a $6000 lesson. So I am considering filing a motion for relief from the foreclosure judgment on my house. I contacted an attorney who I considered knowledgeable based on his filings on other non-judicial cases. Afterwards, I drafted my motion, talked to him about representing me in filing the motion in court. He spent about 20 hours editing my motion and came to the conclusion that I did not have enough proof to overturn the judgment therefore could not represent me. His total bill comes to around $7,500.
From his editing comments, I can see that he does not fully understand the servicing scheme and is not intimately know about the details of my loan and the corresponding collection account, and he concentrates too much on the note holder issue. For him to completely understands the issues, it would take another 40 hours or more. My motion and the subsequent appeal would cost maybe another $40K.
The lesson learned is nobody works for free, and nobody knows your situation better than yourself. The better way is to have a paralegal proofread your legal document for about $200.

 

[Javagold]

Just learned a $6000 lesson. So I am considering filing a motion for relief from the foreclosure judgment on my house. I contacted an attorney who I considered knowledgeable based on his filings on other non-judicial cases. Afterwards, I drafted my motion, talked to him about representing me in filing the motion in court. He spent about 20 hours editing my motion and came to the conclusion that I did not have enough proof to overturn the judgment therefore could not represent me. His total bill comes to around $7,500.
From his editing comments, I can see that he does not fully understand the servicing scheme and is not intimately know about the details of my loan and the corresponding collection account, and he concentrates too much on the note holder issue. For him to completely understands the issues, it would take another 40 hours or more. My motion and the subsequent appeal would cost maybe another $40K.
The lesson learned is nobody works for free, and nobody knows your situation better than yourself. The better way is to have a paralegal proofread your legal document for about $200.

No one understands your issues better than you. No one will fight harder than you. We must represent ourselves & not be afraid of the fight and/or making any procedure mistakes. There are NO Fraudclosure defense attorneys that will help homeowners.
What is really an issue that I see. Is the plaintiffs are allowed to change their attorneys fees to the homeowners. This should be illegal !!! ..if these lowlife debt collectors had to pay their own legal fee bills vs. pro se homeowners, you would see how quickly things would be changed !!!

 

[moretrouble]

Also, I obtained a copy of an email from ResCap LQ Trust attorney stating that the ResCap Trust is the successor-in-interest of GMAC-related subsidiaries including RFC, stating that all GMAC mortgage records have been destroyed per the court's order. Any old GMAC-related documents used in purported foreclosures are more than likely fake docs.

 

[moretrouble]

Bank of New York as trustee just added another attorney to represent them, so I me against six attys from B of A, bank of Ny, PHH, NewRez, the law firm. Also the Court of Appeals just reactivate my appeal on the challenge of the writ on its own motion after the bk dismissal. It's getting very interesting.

 

[cookiemom]

The attorney representing Shellpoint/BONY on mine just responded."The foreclosure will not take place and will be adjourning until the servicer responds."

 

[Survivor_IN]

Wait. What? Hmm. Scare tactic of the grunge collection machine.
Okay, responding to prior post to say that filing a chapter 13 at any time, including the day of the sale,will protect you. With that you can file an adversary complaint if you need to prevent the sale. However, its a ton of paperwork and you want to have access to everything for, at minimum, a skeleton filing. With regards to past BK, you will have the opportunity to incorporate anything that might be relevant and no, you do not want to reopen or anything. File anew. Chapter 13 is wage earner plan. You can convert either chapter rather easily. The only reason to avoid it is if you have already re-established credit that you don't want to lose.

(I might add more on the rest, but catching up at the moment.)

The attorney representing Shellpoint/BONY on mine just responded."The foreclosure will not take place and will be adjourning until the servicer responds."

 

[Survivor_IN]

Okay, CookieMom, I see I missed something...
I have no clue if one can re-open a prior bankruptcy that is over a decade old. That might resolve the problem of noticing a ton of people and starting over to address a single issue that needs an adversary proceeding or ruling on dischargeability and order for lien release. Good question.

Wait. What? Hmm. Scare tactic of the grunge collection machine.
Okay, responding to prior post to say that filing a chapter 13 at any time, including the day of the sale,will protect you. With that you can file an adversary complaint if you need to prevent the sale. However, its a ton of paperwork and you want to have access to everything for, at minimum, a skeleton filing. With regards to past BK, you will have the opportunity to incorporate anything that might be relevant and no, you do not want to reopen or anything. File anew. Chapter 13 is wage earner plan. You can convert either chapter rather easily. The only reason to avoid it is if you have already re-established credit that you don't want to lose.

(I might add more on the rest, but catching up at the moment.)

 

[moretrouble]

Went to the court house this morning to do my judicial watch civic duty (looking up new judicial foreclosure cases to alert the homeowners or their reps of the fraud). Query by the foreclosing atty name, these guys are filing a number of cases for Lakeview servicing and M&T bank. From what I can Lakeview is Bayview now they are a player in the MSRs game. Bank of A and Bank of NY wise up and realize the servicing fees are not worth the risk of being sued, so the MSR owners like NewRez and Lakeview have to file complaints in their own name (like a charged-off credit card buyers filing on their own accounts). NewRez is attracting attention now because of homeowners' complaints. So far I have had a total of ten attorneys against me , and still here.

Why Lakeview – Lakeview Correspondent

www.lakeviewcorrespondent.com

 

[cookiemom]

Wait. What? Hmm. Scare tactic of the grunge collection machine.
Okay, responding to prior post to say that filing a chapter 13 at any time, including the day of the sale,will protect you. With that you can file an adversary complaint if you need to prevent the sale. However, its a ton of paperwork and you want to have access to everything for, at minimum, a skeleton filing. With regards to past BK, you will have the opportunity to incorporate anything that might be relevant and no, you do not want to reopen or anything. File anew. Chapter 13 is wage earner plan. You can convert either chapter rather easily. The only reason to avoid it is if you have already re-established credit that you don't want to lose.

(I might add more on the rest, but catching up at the moment.)

Yeah...I really don't want to file a bk. I have only tge house and 1 credit card. Wanted to use previous bk though to show doctrine of laches.

Sherrif sale as of now is not postponed. That was all smoke because it was verbal. I am my attorneys paralegal apparently. He was not going g to question it...just take their work that is "paused" um...no...what can they do legally!

By law, the foreclosure they are following the guidelines of the mandatory weeks of advertisement (MCL 600.3208), the "foreclosure/sale date" has not been altered. If a foreclosure sale is being adjourned under the rules of MCL 600.3220, a new date for the sale must be properly announced through required notices.

Show quoted

 

[cookiemom]

Okay, CookieMom, I see I missed something...
I have no clue if one can re-open a prior bankruptcy that is over a decade old. That might resolve the problem of noticing a ton of people and starting over to address a single issue that needs an adversary proceeding or ruling on dischargeability and order for lien release. Good question.

There is not time barred from what I've read so far

 

[kraftykrab]

Went to the court house this morning to do my judicial watch civic duty (looking up new judicial foreclosure cases to alert the homeowners or their reps of the fraud). Query by the foreclosing atty name, these guys are filing a number of cases for Lakeview servicing and M&T bank. From what I can Lakeview is Bayview now they are a player in the MSRs game. Bank of A and Bank of NY wise up and realize the servicing fees are not worth the risk of being sued, so the MSR owners like NewRez and Lakeview have to file complaints in their own name (like a charged-off credit card buyers filing on their own accounts). NewRez is attracting attention now because of homeowners' complaints. So far I have had a total of ten attorneys against me , and still here.

Why Lakeview – Lakeview Correspondent

www.lakeviewcorrespondent.com

Sending you a message

 

[Survivor_IN]

There is not time barred from what I've read so far

This bk writing is up for debate as it is my theoretical and unqualified legal opinion with limited experience in filing adversary and re-opening soley to submit missing documentation.

BK Rule 4007 (link below for reference) appears to support that a BK7 case can be re-opened for good cause shown when filing outside of initial 60 day requirement. The Chpt 13 has no such restrictions. I'm up for debate and interpretations but I believe it can be done if you demonstrate good cause to go back to it and get a final ruling on dischargeability per 523(c). A possible "relation back" claim may be necessary to re-open and amend or support a claim and restart clock on 60 days to motion on dischargeability. Yet, the limitation on 5239c) is that an extension (of time to file motion) request must be filed 60 days from meeting of creditors. You need to find a different cause in the bk rules.

Otherwise you would need to obtain another "meeting of creditors" with the bankruptcy admin. I am not sure if this can be overcome on a bk7 re-opening but maybe if they let you restrict accordingly to the lienholder and/or get a conversion to bk13 where bk13 is unrestricted on making the claim.

Yes, I have re-opened my BK7 to add/file final papers necessary to discharge (the date reported in the case file was wrong by 2 days - I did not have to argue anything but supplied the motion necessary to get the bk re-opened for purpose of accepting docs - the court informed of the procedure). I also have an adversary proceeding in progress that is continuing beyond the bankruptcy and discharge. Addressing a student loan with the dept of ed is far easier and cordial than dealing with abusive foreclosure attorneys seeking rights by lack of notice. That's my experience with procedure if it helps.

https://www.govinfo.gov/content/pkg/USCODE-1996-title11/pdf/USCODE-1996-title11-app-bankruptc-rule4007.pdf

Rule 4007. Determination of Dischargeability of a Debt (a) Persons Entitled To File Complaint A debtor or any creditor may file a complaint to obtain a determination of the dischargeability of any debt. (b) Time for Commencing Proceeding Other Than Under § 523(c) of the Code. A complaint other than under §523(c) may be filed at any time. A case may be reopened without payment of an additional filing fee for the purpose of filing a complaint to obtain a determination under this rule. (c) Time for Filing Complaint Under § 523(c) in Chapter 7 Liquidation, Chapter 11 Reorganization, and Chapter 12 Family Farmer’s Debt Adjustment Cases; Notice of Time Fixed A complaint to determine the dischargeability of any debt pursuant to §523(c) of the Code shall be filed not later than 60 days following the first date set for the meeting of creditors held pursuant to §341(a). The court shall give all creditors not less than 30 days notice of the time so fixed in the manner provided in Rule 2002. On motion of any party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision. The motion shall be made before the time has expired. (d) Time for Filing Complaint Under § 523(c) in Chapter 13 Individual’s Debt Adjustment Cases; Notice of Time Fixed On motion by a debtor for a discharge under §1328(b), the court shall enter an order fixing a time for the filing of a complaint to determine the dischargeability of any debt pursuant to §523(c) and shall give not less than 30 days notice of the time fixed to all creditors in the manner provided in Rule 2002. On motion of any party in interest after hearing on notice the court may for cause extend the time fixed under this subdivision. The motion shall be made before the time has expired. (e) Applicability of Rules in Part VII A proceeding commenced by a complaint filed under this rule is governed by Part VII of these rules. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991.) NOTES OF ADVISORY COMMITTEE ON RULES—1983 This rule prescribes the procedure to be followed when a party requests the court to determine dischargeability of a debt pursuant to §523 of the Code. Although a complaint that comes within §523(c) must ordinarily be filed before determining whether the debtor will be discharged, the court need not determine the issues presented by the complaint filed under this rule until the question of discharge has been determined under Rule 4004. A complaint filed under this rule initiates an adversary proceeding as provided in Rule 7003. Subdivision (b) does not contain a time limit for filing a complaint to determine the dischargeability of a type of debt listed as nondischargeable under §523(a)(1), (3), (5), (7), (8), or (9). Jurisdiction over this issue on these debts is held concurrently by the bankruptcy court and any appropriate nonbankruptcy forum. Subdivision (c) differs from subdivision (b) by imposing a deadline for filing complaints to determine the issue of dischargeability of debts set out in §523(a)(2), (4) or (6) of the Code. The bankruptcy court has exclusive jurisdiction to determine dischargeability of these debts. If a complaint is not timely filed, the debt is discharged. See §523(c). Subdivision (e). The complaint required by this subdivision should be filed in the court in which the case is pending pursuant to Rule 5005.

 

[cookiemom]

A Chapter 7 bankruptcy case to assert the doctrine of laches.

Section 350(b) of the Bankruptcy Code permits a bankruptcy court under certain circumstances to reopen a bankruptcy case even after the estate has been fully administered and the case is closed. In In re Atari, 2016 BL 125936 (Bankr. S.D.N.Y. Apr. 20, 2016),

 

[Survivor_IN]

GREAT find CM !!! You now have the citation of elements establishing "good cause" to reopen and argue a "lack of prejudice" on the lender (as they had these facts in their possession which does not impair a defense). Usually prejudice comes from delay or contradicting arguments. It unfairly affects the party if they can't defend due to the passage of time and dissipation of evidence. Wondering...Is it them that has prejudiced you?

I would say this qualifies for the trio claims of "laches, waiver and estoppel" doctrines. It's a good defense but unlikely an affirmative claim. They waived their rights by inaction over the passage of time (no attempt to collect) and are now estopped from claiming this right (foreclosure) after you were lulled into reliance on the inactivity as a waiver over the passage of time and proceeded to rely on the lender's inaction on the lien and subsequently made improvements under the belief that the lien was no longer enforceable.

You're doing good. You have a plan and supporting refs on the motion. Get that draft motion to reopen started. Create your template or ask the BK clerk if they have forms. You need to follow procedure of notice and hearing requirements. Sometimes clerks forms already contain the legalese required. Just ask. Some help. Some don't. The service of notice on the adversary claim initiates a new case with a new case number (your argument to get what you want). If you represent yourself you can request a waiver on filing fees (its a separate motion to ask) but not if you have money for attorney. Of course... Always advisable to have an attorney. Especially one experienced in BK and willing to wrap up the discharge issues on the second. Review the file thru pacer so you have an idea of where your evidence on the claim lies. In BK, attorneys have electronic access review for an initial consult. I would shop for the bk attorney unless your current attorney is already licensed in federal bankruptcy court. If he's not, well , decision made. Not qualified for the task. Ask him if he knows anyone with this type of experience. He may give you a good lead. He may also not know anyone in the field. Hopefully you can get a flat rate quote that is affordable. Last quote I got on an adversary proceeding was 2500 (against bank) but it was because it was complicated issue requiring time and review. I can see why this would cost any more than the costs of the initial filing representation and the one charge "no look" pricing. I could be wrong. It's your choice to go solo or hire someone, but please take advantage of free consultations regardless. Ask for leads because most BK attorneys provide limited services and don't litigate but they may know someone in a different practice that does.

A Chapter 7 bankruptcy case to assert the doctrine of laches.

Section 350(b) of the Bankruptcy Code permits a bankruptcy court under certain circumstances to reopen a bankruptcy case even after the estate has been fully administered and the case is closed. In In re Atari, 2016 BL 125936 (Bankr. S.D.N.Y. Apr. 20, 2016),