Kat ... I know your loving lawyers right now .... thought you would like to see our little horror story ...
As some know ... when fuel went to 5 bucks a gallon for my big truck .. we ended up doing a chapter 7 bankruptcy ..
We dropped all our bills except the first and second mortgage ... we were able to keep the house ....
Our second mortgage is with Regions bank ... based out of Alabama .. so they follow Alabama banking rules ..... Our Bankruptcy was in Georgia ... so it followed Georgia rules ...
Alabama requires that you have to reaffirm loans.... Georgia you do not ... so our lawyer said for us not to reaffirm ....
This left us with bankruptcy papers that say we retain the property but continue payments ..... which would be cool except that Alabama/ Federal law says that if you do not reaffirm, the bank can not legally collect the debt. This left i trying to pay some one refusing to talk to us according to Federal law ...
SO we went to see a new lawyer today after going thru the FDIC , our congressman... and others that confirm that we do not owe and they can not collect ,,,
Hears is what he said ...
Seen the new lawyer today ... he says the first lawyer is a SOB ... go figure .... in all his years he has never seen a case put together like ours ....
Regions is right .... we are not legally obligated to pay ... in fact ... our first mortage... the one still sending us a statement is in violation by doing so .... and we are not legally obligated to pay them either .....
Question that no one can answer is ... what happens if I don't ....
I can fix this ... by reaffirming the 2 loans ... but if I do that, I will have to pay the 2nd mortgage .. which as it stands I do not have to pay at all ... It is looking like they just dumped the loan and walked away ... but they can not tell us they did by law so we are left hanging .... do we are don't we pay ???? What becomes of the security deed they hold ???? the only way to guarantee I get it is to pay off the loan that I no longer owe .... or did they just release it ???
Also .... as it stands now ... I can stop paying either one .... but know one knows if they can take the house .... they can not try to collect the debt .... foreclosing might be considered collecting .... or would it ???
Even if they did not foreclose ... nothing says they have to release the security deed ..... they just can not collect on it ....
Two things ... I don't want to pay some thing I do not owe to get a release I may not need ...
I do not want to pay in the blind for twenty years just to find out a mistake on some one's part today increased the interest or some bull like that and I still owe thousands more because it was never fixed because they can not talk to me ....
I have no clue ....and no one I talk to has any idea ....
Dam..... That is one hell of a mess SU! No lawyer or other mortage company can give you any real advice or answers? Not even the stupid politicians who are supposed to be public servants there to "help"?
And you are right...I HATE lawyers and the courts right now! They are all worthless bastards as far as I am concerned! Best interest of the child......HA!.... That is by far the biggest lie and worst joke I have ever heard to this day!
The legal system doesn't give a rats ass about anything or anyone unless it profits them directly or fits into some hidden agenda they are waiting to use to enslave the American people who still have some memory of freedoms and actual rights!
Yes, I am bitter...... Yes, I am down right F-ing mad.... and YES, I WANT SOMEONE'S A$$!!!!
we are going to pull the trustee's report that the judge approved in his final decree .... Maybe Regions never got around to verifying that we owed them .... if that happened ... they screwed them selves ....
From what our first lawyer is saying ... we paid him to file the case ... not explain the out come .... for that we have to pay some more ...
UGH..... crooked bastard$....... I swear they are just legalized extortionists!!!! I think they should all be hung up by their toes and dangled over a shark pit!
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DO NOT touch my litter box!!!!!
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GBU -> The Bad -> lawyers.... just so Kat knows we all get screwed by them ...
