Hello,
My husband and I filled bankruptcy (chapter 7) in NJ, Mercer County. The case was discharged on December 2007. We are business owners. We also mortgaged our house 2 times. So when we filled Ch 7 we had no equity in the house due to the 3 mortgages. The trustee decided to do a 'short sale' to which we agreed. However, the trustee reduced our exemption to only $10,000 after the sale instead of the legal $40,400. The money remainder will be distributed to the state and the "unsecured creditors" discharged in the bankruptcy. He said that the decision was made because we intentionally did not close one of the mortgages when we open the 3rd one and that he had a document to prove it. He also was very judgmental in an e-mail he sent to our attorney, accusing us of fraud, and making wrong decisions in our lives, like sending our children to expensive colleges, and opening the wrong business, etc. He also used words like: "they want their cake and eat it too". His response was to a letter we sent pleading to receive more money after the short sale of our house.
After receiving this letter we requested the document he said he had to review it. We realized that it was a forged document and that the bank (I guess) had pasted our signatures back to back from another document we had signed when we open the 3rd mortgage. Our attorney after many unsuccessful attempts to contact the trustee (phone calls, e-mails, letter etc...) requested a NOTICE OF MOTION TO VACATE CONSENT ORDER. This was done to stop the short sale and have the judge reconsider the amount of our exemption.
We have not heard from them, and we don't know what is going to happen. The bank forged the document because they wanted to be 2nd in the mortgage. After all this, my question is: do you believe that we will be able to get our $40,000 after the short sale? Can a trustee give personal accusations and judgmental attitudes on people he is dealing with?
Thank you before hand for any response.
My husband and I filled bankruptcy (chapter 7) in NJ, Mercer County. The case was discharged on December 2007. We are business owners. We also mortgaged our house 2 times. So when we filled Ch 7 we had no equity in the house due to the 3 mortgages. The trustee decided to do a 'short sale' to which we agreed. However, the trustee reduced our exemption to only $10,000 after the sale instead of the legal $40,400. The money remainder will be distributed to the state and the "unsecured creditors" discharged in the bankruptcy. He said that the decision was made because we intentionally did not close one of the mortgages when we open the 3rd one and that he had a document to prove it. He also was very judgmental in an e-mail he sent to our attorney, accusing us of fraud, and making wrong decisions in our lives, like sending our children to expensive colleges, and opening the wrong business, etc. He also used words like: "they want their cake and eat it too". His response was to a letter we sent pleading to receive more money after the short sale of our house.
After receiving this letter we requested the document he said he had to review it. We realized that it was a forged document and that the bank (I guess) had pasted our signatures back to back from another document we had signed when we open the 3rd mortgage. Our attorney after many unsuccessful attempts to contact the trustee (phone calls, e-mails, letter etc...) requested a NOTICE OF MOTION TO VACATE CONSENT ORDER. This was done to stop the short sale and have the judge reconsider the amount of our exemption.
We have not heard from them, and we don't know what is going to happen. The bank forged the document because they wanted to be 2nd in the mortgage. After all this, my question is: do you believe that we will be able to get our $40,000 after the short sale? Can a trustee give personal accusations and judgmental attitudes on people he is dealing with?
Thank you before hand for any response.
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