Gayle
Knoxville,#2UPDATE Employee
Wed, June 20, 2007
When you file bankruptcy that does not by any means pay the home off. Where would you get that idea? If you filed a chapter 7 nonreaffirm that means that you are not liable for any deficit balance. Technically they could at the time of discharge take the required steps to remove you from the home but they continue to allow you to stick to the terms of the contract whih are make the payments on time and if you pay off the home you will get the title but if you do not make the payments then yes they will take legal action to take the home. Now if you file chapter 13 and surrender the home you have no rights to the home and they can if they choose allow you to make the payments and continue to live there and at the end of the loan you would get the title just the same. Regardless again you have to adhere to the terms of the contract. If you filed 13 and reaffirmed the debt then there is a lot there. When the case is discharged the part your attorney doesnt tell you is that wonderful payment plan they put you on does not pay the payments coming due. The plan is outlined only for the trustee payments and the past due amount so then you are discharged still behind and if you did not keep your payment plan as agreed you can be further behind and still responsible for the full balance. you do not get a home for free just because you file bankruptcy. If you are under that impression then you need to let your attorney know you thought this and have them explain this to you since they did not when you filed. The attorney probably onl told you what they have to because once the retainer is paid they got there money and really dont care what the outcome is for you. They are not entitled to allow you to make payments when you feel like it. Read the default clause in your contract. If you do not have your contract because you did not think it was important enough to keep then call and you can order a copy. there is a fee for pulling the file and sending it to you or call and diego who is a very nice and patient person will be more than happy to read the default clause to you for free. The default clause right on the truth in lending page reads one of 2 ways : most contracts for a mobile home read if the payment is not paid on time then you are in default of your contract and the lender can at that time take action. if action is taken and the default is not cured then the lender has the right to accelerate the loan which means if the do accelerate the loan you have 10 days to pay the full loan off to keep your home. They also state that you are not entitled to more than 2 default notices in a one year period. If you do then they have the right even if you cured both defaults to accelerate the loan on the next default. the other way the contract can read is if the payment is not received within 10 days the loan is in default. Those are typically on a conventional loan not a simple interest loan. you may also need to see which one you have. your loan was acquired and the contract on file is the original one you signed when you bought the home so these terms you agreed to. hope this educates and helps you understand the jeopardy the home has been put in.
Gayle
Knoxville,#3UPDATE Employee
Wed, June 20, 2007
When you file bankruptcy that does not by any means pay the home off. Where would you get that idea? If you filed a chapter 7 nonreaffirm that means that you are not liable for any deficit balance. Technically they could at the time of discharge take the required steps to remove you from the home but they continue to allow you to stick to the terms of the contract whih are make the payments on time and if you pay off the home you will get the title but if you do not make the payments then yes they will take legal action to take the home. Now if you file chapter 13 and surrender the home you have no rights to the home and they can if they choose allow you to make the payments and continue to live there and at the end of the loan you would get the title just the same. Regardless again you have to adhere to the terms of the contract. If you filed 13 and reaffirmed the debt then there is a lot there. When the case is discharged the part your attorney doesnt tell you is that wonderful payment plan they put you on does not pay the payments coming due. The plan is outlined only for the trustee payments and the past due amount so then you are discharged still behind and if you did not keep your payment plan as agreed you can be further behind and still responsible for the full balance. you do not get a home for free just because you file bankruptcy. If you are under that impression then you need to let your attorney know you thought this and have them explain this to you since they did not when you filed. The attorney probably onl told you what they have to because once the retainer is paid they got there money and really dont care what the outcome is for you. They are not entitled to allow you to make payments when you feel like it. Read the default clause in your contract. If you do not have your contract because you did not think it was important enough to keep then call and you can order a copy. there is a fee for pulling the file and sending it to you or call and diego who is a very nice and patient person will be more than happy to read the default clause to you for free. The default clause right on the truth in lending page reads one of 2 ways : most contracts for a mobile home read if the payment is not paid on time then you are in default of your contract and the lender can at that time take action. if action is taken and the default is not cured then the lender has the right to accelerate the loan which means if the do accelerate the loan you have 10 days to pay the full loan off to keep your home. They also state that you are not entitled to more than 2 default notices in a one year period. If you do then they have the right even if you cured both defaults to accelerate the loan on the next default. the other way the contract can read is if the payment is not received within 10 days the loan is in default. Those are typically on a conventional loan not a simple interest loan. you may also need to see which one you have. your loan was acquired and the contract on file is the original one you signed when you bought the home so these terms you agreed to. hope this educates and helps you understand the jeopardy the home has been put in.
Gayle
Knoxville,#4UPDATE Employee
Wed, June 20, 2007
When you file bankruptcy that does not by any means pay the home off. Where would you get that idea? If you filed a chapter 7 nonreaffirm that means that you are not liable for any deficit balance. Technically they could at the time of discharge take the required steps to remove you from the home but they continue to allow you to stick to the terms of the contract whih are make the payments on time and if you pay off the home you will get the title but if you do not make the payments then yes they will take legal action to take the home. Now if you file chapter 13 and surrender the home you have no rights to the home and they can if they choose allow you to make the payments and continue to live there and at the end of the loan you would get the title just the same. Regardless again you have to adhere to the terms of the contract. If you filed 13 and reaffirmed the debt then there is a lot there. When the case is discharged the part your attorney doesnt tell you is that wonderful payment plan they put you on does not pay the payments coming due. The plan is outlined only for the trustee payments and the past due amount so then you are discharged still behind and if you did not keep your payment plan as agreed you can be further behind and still responsible for the full balance. you do not get a home for free just because you file bankruptcy. If you are under that impression then you need to let your attorney know you thought this and have them explain this to you since they did not when you filed. The attorney probably onl told you what they have to because once the retainer is paid they got there money and really dont care what the outcome is for you. They are not entitled to allow you to make payments when you feel like it. Read the default clause in your contract. If you do not have your contract because you did not think it was important enough to keep then call and you can order a copy. there is a fee for pulling the file and sending it to you or call and diego who is a very nice and patient person will be more than happy to read the default clause to you for free. The default clause right on the truth in lending page reads one of 2 ways : most contracts for a mobile home read if the payment is not paid on time then you are in default of your contract and the lender can at that time take action. if action is taken and the default is not cured then the lender has the right to accelerate the loan which means if the do accelerate the loan you have 10 days to pay the full loan off to keep your home. They also state that you are not entitled to more than 2 default notices in a one year period. If you do then they have the right even if you cured both defaults to accelerate the loan on the next default. the other way the contract can read is if the payment is not received within 10 days the loan is in default. Those are typically on a conventional loan not a simple interest loan. you may also need to see which one you have. your loan was acquired and the contract on file is the original one you signed when you bought the home so these terms you agreed to. hope this educates and helps you understand the jeopardy the home has been put in.
Gayle
Knoxville,#5UPDATE Employee
Wed, June 20, 2007
When you file bankruptcy that does not by any means pay the home off. Where would you get that idea? If you filed a chapter 7 nonreaffirm that means that you are not liable for any deficit balance. Technically they could at the time of discharge take the required steps to remove you from the home but they continue to allow you to stick to the terms of the contract whih are make the payments on time and if you pay off the home you will get the title but if you do not make the payments then yes they will take legal action to take the home. Now if you file chapter 13 and surrender the home you have no rights to the home and they can if they choose allow you to make the payments and continue to live there and at the end of the loan you would get the title just the same. Regardless again you have to adhere to the terms of the contract. If you filed 13 and reaffirmed the debt then there is a lot there. When the case is discharged the part your attorney doesnt tell you is that wonderful payment plan they put you on does not pay the payments coming due. The plan is outlined only for the trustee payments and the past due amount so then you are discharged still behind and if you did not keep your payment plan as agreed you can be further behind and still responsible for the full balance. you do not get a home for free just because you file bankruptcy. If you are under that impression then you need to let your attorney know you thought this and have them explain this to you since they did not when you filed. The attorney probably onl told you what they have to because once the retainer is paid they got there money and really dont care what the outcome is for you. They are not entitled to allow you to make payments when you feel like it. Read the default clause in your contract. If you do not have your contract because you did not think it was important enough to keep then call and you can order a copy. there is a fee for pulling the file and sending it to you or call and diego who is a very nice and patient person will be more than happy to read the default clause to you for free. The default clause right on the truth in lending page reads one of 2 ways : most contracts for a mobile home read if the payment is not paid on time then you are in default of your contract and the lender can at that time take action. if action is taken and the default is not cured then the lender has the right to accelerate the loan which means if the do accelerate the loan you have 10 days to pay the full loan off to keep your home. They also state that you are not entitled to more than 2 default notices in a one year period. If you do then they have the right even if you cured both defaults to accelerate the loan on the next default. the other way the contract can read is if the payment is not received within 10 days the loan is in default. Those are typically on a conventional loan not a simple interest loan. you may also need to see which one you have. your loan was acquired and the contract on file is the original one you signed when you bought the home so these terms you agreed to. hope this educates and helps you understand the jeopardy the home has been put in.