foreclosure clarification??

This is a discussion on foreclosure clarification?? within the Buying & Selling Property forum, part of the REAL ESTATE & PROPERTY LAW category; New Jersey - for months I have been trying to save my home from foreclosure. The mortgage company - American ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jan 17th, 2009, 09:07 PM   #1
Junior Member
 

inquisitive's Avatar
 
Join Date: Jul 2008
Posts: 11

Default foreclosure clarification??

New Jersey - for months I have been trying to save my home from foreclosure. The mortgage company - American Home Mortgage Servicing (AHMS) has been more than uncooperative in every sense of the word. and filed a BK because they scheduled a sheriff sale and it was the only tool that could stop the sale in the short time allowed. The BK ended up dismissed due to not having the credit counseling. I hired a mitigator and while she was working with the bank on what we thought was a workout my house was sold at sheriff sale without notification. My mitigator called to submit paperwork and the bank said don't bother the home was sold 7 days ago. SO now the redemtion period was almost over. The sale was 1/6/09 I was informed by my mitigator 1/14/09. I called the bank's lawyers and he said there were still actions I could take and I had to get an attorney and speak to the bank. I called the bank and they said I had to speak to the bank's attorneys. I could not get a payoff figure or even a clear date of the end of the redemtion period or when the deed would betransferred (to a third party) .
I spoke to a BK attorney who referred me to another BK attorney. This attorney told me he could file a CH 13 stop the transfer of the deed then file a case against the state for holding the sale without notification. He scheduled an appointment with me the next day at 2:30. I went to the appointment and he wanted to know why I wanted to keep the house and basically made me feel as if I should not want to save my home. I insisted I would fight for it. On the phone he had said I had until 1/16/09 to redeem the property. Now in his office he said the last day right was right then and there. I asked how he would be able to get the paperwork to Trenton which is about 1 hour away at this last time of the day and he said he could file online and I would have to pay $2000 on the spot for he to file. I was not prepared to do that so he said he wouldn't do it and to make another appointment when I had the money. I left.
I went and filed a CH 13 on my own the next day in hopes the way the redemtion period is counted allows me until 1/16/09
My question is...will this BK stop the transfer of the deed as I was told?
What else can I do to reverse what has happened and keep my home?
ALso what happens next? does someone just knock on my door and tell me to get out?
All input would be valued. Thank you.
inquisitive is offline   Reply With Quote
Old Jan 18th, 2009, 03:33 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: foreclosure clarification??

It can delay it for a bit but will not normally stop it.

I would advise you find counsel that is experienced and that you feel you trust, and take further detailed advice.
  Reply With Quote
Reply

Bookmark & Share

This thread has 1 reply and has been viewed 389 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Clarification: Teacher-Bible story (AP) Yahoo!_news Crimes and Trials News 0 Aug 31st, 2009 10:20 AM
Share Link to Facebook...clarification of TOS Unregistered Internet Law 1 Aug 13th, 2009 11:20 AM
Clarification on Section 212 (a) (2) (a) (I) (i) of Immigration and Nationality Act Mac Deportation & Removal Issues 1 Apr 7th, 2009 08:03 AM
Term Clarification Required Unregistered Buying & Selling Property 0 Mar 29th, 2009 02:26 PM
M1 sentencing clarification Unregistered Trials & Sentencing 1 May 1st, 2008 05:48 PM


Top crime attorneys


All times are GMT -5. The time now is 11:36 PM.