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bankruptcy to make my lender produce the Note

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by Kmias, Aug 14, 2013.

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  1. Kmias

    Kmias Law Topic Starter New Member

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    I AM A SINGLE MOTHER WITH 2 YOUNG DAUGHTERS AND NO FAMILY. On Oct. 3, 2012 I was involved in a motorcycle accident that left me Permanent Disabled , which cut my income in half. So i got involved with NACA and was working with Wells Fargo (wells) on modifying my loan. They had me running in circles., month after month asking for the same doc. 's over & over (bank statements, disability statements etc...). I provided everything within no more than 12 hours after their request. From Jan. 16,2012 until Dec. 15TH, 2012 when I received a letter stating my house was going to auction on Dec. 17,2012...apparently they filled an NOD (i had not received any documents but i already tried that Avenue in UD court to no avail) WAY BACK IN MAY 2012; which means the WHOLE time I was in negotiations /review they were foreclosing on me.
    I realize Dual Tracking was not implemented in California till January 2013, I was foreclosed on 14 days prior (December). FINALLY MY QUESTION:
    1.WASN'T THE CA. BILL DESIGNED AFTER A FEDERAL LAW THAT HAS /IS ALREADY IN PLACE?
    2.I FILED BANKRUPTCY isn't that a Federal venue? Can i bring up the dual tracking issue? And won't the lender be obligated to provide proof of debt? Wouldn't they have to' produce the note '?
     
  2. disagreeable

    disagreeable Well-Known Member

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    You should be discussing this issue with your bankruptcy attorney if you filed on the home.
     
  3. Kmias

    Kmias Law Topic Starter New Member

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    Thanks, however i didn't file bankruptcy, 'someone' filed an Involuntary bankruptcy against me the day before my scheduled lockout. This was done just in time to put a stay on everything...
     
  4. disagreeable

    disagreeable Well-Known Member

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    I am not going to get to far into this, because I have issues about providing obstacles for legal creditors. I recognize yours is a special situation. I am only going to stick my neck out on two things. First, you can convert the involuntary bankruptcy into a CH 13, if you find it untenable. The second is there is a specific list of criteria you must meet for a creditor to enact an involuntary bankruptcy against you. Such an action is usually successful only based on ignorance. The following criteria must be met:

    1. You cannot have more than 12 unsecured creditors.
    2. The filing creditor must have a non-contingent, undisputed unsecured claim worth at least $13,475.00.
    3. If you have 12 or more creditors which have unsecured or partially secured claims, which total at least $13,475 then 3 of them must join in filing the involuntary bankruptcy.

    Remember, the following each qualify as a creditor:

    Rent
    Cell phone bill
    Gas bill
    Light bill
    Car repairs
    Attorney fees
    Debts to friends
    Medical bills (each is a separate unsecured creditor)
    Credit card bills (again each is a separate unsecured creditor)

    Vaya Con Dios.

    I wanted to reaffirm, I do understand how you ended up here. Please do not take me personally. I am also disabled. Thinking about the situation is actually mentally over taxing to me.
     
    Last edited: Aug 15, 2013
  5. guestpost

    guestpost New Member

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    I thank you for your information. I truly do not know how i ended up where i am. I, prior to my accident literally had AAA credit i have always been a responsible person even more so now that I have my daughters. I feel so overwhelmed i know what they did was wrong i do not want anything more than what they (wells Fargo) had budgeted me for. I've worked so hard to make sure my girls will always have a place to hang their hat so they won't feel the need to put up with snyones B S because they have no where else to go. I have a little bit of money can anyone out there recommend an attorney please?
     
  6. Kmias

    Kmias Law Topic Starter New Member

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    I thank you for your information. I truly do not know how i ended up where i am. I, prior to my accident literally had AAA credit i have always been a responsible person even more so now that I have my daughters. I feel so overwhelmed i know what they did was wrong i do not want anything more than what they (wells Fargo) had budgeted me for. I've worked so hard to make sure my girls will always have a place to hang their hat so they won't feel the need to put up with snyones B S because they have no where else to go. I have a little bit of money can anyone out there recommend an attorney please?
     
  7. disagreeable

    disagreeable Well-Known Member

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    It seems there are more businesses masquerading as free/low cost legal aid in CA than there are actual organizations. Here is one resource that is valid. If you are not near LA, they can probably direct you. I guess the reason this gives me so much of a problem is one of the low points in my disability happened one month after I bought my house. I fought for 13 years to pay it off.

    Legal Aid Society of Los Angeles
    1102 Crenshaw Boulevard
    Los Angeles, CA 90019-3111
    (323) 801-7991
     
    army judge and Kmias like this.
  8. Kmias

    Kmias Law Topic Starter New Member

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    Army judge will you take a look at my posting? Please?
     
  9. army judge

    army judge Super Moderator

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    You really need an attorney.

    That said, I suggest you Google "producing the note YOUR STATE".

    It can be an effective strategy to forestall things.

    Only you know whether you can afford the home.

    At some point, walking away and renting could be a financially better strategy.

    Disagreeable gave you some good things to consider, too.
     

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