1 payments oct nov due now but they say i owe for aug 09 its a mess because of ch 7 how do i fix it

Asked by Donna, Montague, NJ Sat Oct 31, 2009

filed chapter 7 in march 30 09 what should we do keep making payments to prolong or short sale or just list it and see what happens my mortgage company made a mistake they sold my mortgage and did not transfere escrowed account over so i had to take them to court and they had to pay my lawyer and back taxes my account is so messed up i cant get them to strighten it out i had 5152.95 dollars in escrow to pay the taxes they did court ordered for 4000 now they said i owe them 4551. 05 because they had to advance my account i asked were the payments i was making were going they said because of the bankrupcy the payment s were going to special accesment now there telling me there gonna forclose how to i eand this mess i cant afford lawyer either foreclosure said 11/30 looking for payment

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Mike Linkena…, Agent, Jacksonville, FL
Thu Nov 12, 2009
Usually by the time people are in this deep, a short sale starts looking like a better option for them! It is definately the best way to avoid foreclosure. By the way, don't let your lender intimidate you like that, they foreclosure process takes a VERY long time! http://www.short-sale-specialists.com
0 votes
Maria Center, Agent, Middletown, OH
Sat Oct 31, 2009
Wow Donna, I am sorry to hear about what has happened to you. You mentioned that you can't afford an attorney and I don't know how things work in NJ but here there are legal aid attorneys who will help people who can't afford legal help in situations like this. Please check to see, it's worth checking to see if there is something like this out there for you, I have had a few clients receive help that way before. Please keep us posted.
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Robert J. Ga…, , Harmony Corners, NY
Sat Oct 31, 2009
Hi Donna,

It certainly sounds like a mess to me, sad to say, this is happening alot lately especially in the Montague area. I happen to live in Montague and am very familiar with HPCC and all of the issues that come with it, as well as the surrounding area.
I do agree with Kim and Joanna, this particular problem needs to be adressed by a designated real estate attorney. You don't want these issues handled by a flunky. I think I'll stop there because I can name a few flunky's in this area, but I'll be nice and say no more.
I do know the real estate market in HPCC and the local area has become more active lately. Properties are going under contract quicker, as long as they are priced correctly. I guess the best advice I can give you is list the property quickly, at a reasonable price, if it hasn't been listed already, and just get the property sold. Once you have a contract on the home you may be able to ward off more expenses or atleast keep them at bay, depending how fast the sale goes, and able to work with the mortgage company / bank more effectively now that you have a buyer for the property. If you need any help with that don't hesitate to give me a call.
You do have to remember, Short Sales do not happen like conventional sales. The sale needs to be approved by the mortgage company / bank. That may take a while.
Unfortunately, there is no quick remedy to this problem. The best thing to do at this point is try to take hold of the problem, the best way you can, but that requires getting a contract as quickly as possible.
A sale contract in hand provides you with the most power at this point and the most cooperation from your financing company.
Good luck Donna, hope everything works out.
0 votes
Joanna Morris, Agent, Inverness, FL
Sat Oct 31, 2009
I agree with Kim, You do need a real estate attorney and one experienced with short sales or foreclosures would be nice. Possibly you can get them to help you again and get paid when settled. Did you go back to the original attorney and tell them what happened to your account. They may be a good source and help direct you.
0 votes
., , Columbus, OH
Sat Oct 31, 2009
You need an attorney and fast; one that is not only experienced, but very active in the local real estate market in which you live, specifically short sales/foreclosures.

Kim

Disclaimer: I am a licensed real estate broker and property/casualty insurance agent in the State of Ohio, providing information and sharing experiences acquired over 15 years in the industries. I do not profess to be qualified to give advice in any other field, though will share opinions and information obtained during my course of work. It is always highly recommended that consumers seek counsel from a specialist in each area in which there is a question or concern.
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