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Ch 13 Bankruptcy did not stop the foreclosure

January 09, 2008

The past die amount was included in the arrearage in my Chapter 13 plan. I will explain my situation.

I filed Chapter 13 in July of 2005 because my husband lost his job and we fell 3 months behind on our mortgage. I filed in order to save our home from foreclosure because EMC put us on a forbearance plan with payments of $2654.00 and we just could not do this. When I filed the 13, the arrearage was put into the plan and I was under the misunderstanding that we had until the end of the plan to catch up on any past due amounts. A representative from EMC told me that our loan was set up in a way that there were never any late fees added. We kept receiving these "Informational" only statements from EMC and I thought we had until the end of the plan in December of 2009 to catch up on any past due amounts. Now I understand this is not the case. My attorney told me this was explained to me and there was nothing she could do to help unless I could pay the entire amount of 25K past due or else she would have no choice but to agree with the order to lift the automatic stay and they could proceed with foreclosure. I do take responsibility for this mess, and the misunderstanding was on my part. I filed right before the new law went into effect in 2005 and the law office was very busy and I just was not informed correctly. The lawyer that worked with me is no longer at the firm and the firm has relocated to 2 hours from me, so the lawyer is not very interested in going out of her way to assist me. I am not blaming her, it is not her fault, but I see that I need to seek help myself since she told ne I was on my own with this mortgage problem and she could not really assist me, other than to call and get a payoff negotiation. I have already called EMC several times and sent a letter of hardship, financial statement and a letter from the attorney giving permission for direct communication with them. I sent all this on December 26th, again on December 28th. I have called several times when I can, but never get to speak to anyone. They told me that a Jennifer is the only one that can talk to me because she is the only one that does modifications and workout plans in the bankruptcy department, but it always just goes to her voice mail and she does not return calls. The meeting to lift the automatic stay was on January 3rd. I have heard nothing from anyone so far. I want to take care of this before it goes any further. I do not want anything published in the paper because my family does not know anything about our problems and I do not want them to know. We are able to pay a percentage on the past due amount up to $4000 on or after February 15th and then if they do an increase adjustment to the payments until I get my Partial Lump Sum Option on my retirement later this year, that would be great. I am eligible for a partial lump sum of $89,000 in June of this year if I retire at the end of this school year or a partial lump sum of $101,000 if I wait until December of this year, also drawing my monthly benefit for life. I can catch up on any additional arrearage at that time and I also plan to pay some on the principal amount. I would love to stay until December, because this would only increase my lump sum and monthly benefit. I am asking for your assistance because I am in a position of not being able to call off and on all day checking on this. I teach school and have children with me all day, except for between 11:00 and 11:30 each day. It is almost impossible for me to speak to anyone on the phone, but I can check my e-mail at my desk fairly regularly when the children are working, so if you could e-mail any correspondence concerning this, I would greatly appreciate it. This is such an additional stress, being that I cannot call, and I do not feel that I am as focused with the students as I should be. Thanks so much for your kind assistance in this matter. I would like to hopefully have some type of workout plan in place with them as soon as possible, so I can be 100% for my students.

This entry was:
Posted By Darin at 09:47 AM
Comments (0) | Categories: EMC, Mississippi Foreclosure | Tags: emc mississippi
 

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