Posts Tagged ‘first mortgage’

Shady bankruptcy lawyer…?

Hi I am from Southern California and my father has been having debt problems, mostly with his second mortgage. He recently told me that he found a lawyer on a radio station that has promised to get rid of all his debts. All the lawyer asks for is 00 now and another 00 later (this plus a number of different fees such as home evaluation fee over 0 plus 0 per visit and court appearance). To be honest this guy seems a bit shady to me, he says he is just starting and that his office is empty-looking because he just moved to this building. He has promised my father that in three years he will be debt free and that even though my father owes ,000 in credit cards plus the mortgage, that he will not pay more than 0 a month and thus he will have a lot of money left over to spend as he pleases. The guy defined bankruptcy as practically total debt forgiveness and just a simple way to “start fresh.” He has told my father to immediately seize all payments, even though he is not his lawyer yet. However, my father is determined to give him the 00 and sign a contract with this guy, soon. I am not sure bankruptcy is the way to go for my father; he can afford his credit card debts and his first mortgage and is only really having troubles with the second mortgage of about ,000. This lawyer said “If what I promise you sounds too good to be true it’s only because you people are ill-informed.” He has promised debt forgiveness and more cash…

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How can I stop a checking account garnishment when I have filed for bankruptcy?

I live in Michigan & recently went through a divorce, foreclosure, and was laid off at work. For the past year, I have been unemployed & then am currently temping.

My ex-husband declared bankruptcy and basically, our second mortgage wasn’t foreclosed on (it was a different bank than the first mortgage) and that entire balance is now my responsibility. It’s over ,000. I was served last summer and then in Feb 2009 my MI State Income Tax refund was garnished. Now, I received a writ of garnishment from the court and it was sent to me FROM my old credit union. THEY were served with papers on 6-18-09 and thankgod, the account was CLOSED so they could not pull money from the account.

I am fearful that now, they will get to my CURRENT bank & possibly my staffing company where I work.

I checked my current bank acct. and there is still a positive balance but what should I do? Close this account?

NOTE: I secured a bankruptcy attorney and paid in full within the first week. I was given a first draft and returned that to them over 3 weeks ago. I am awaiting a SECOND draft. It has not yet been filed with the courts. Am I not protected yet? Any advice would be appreciated. Thanks in advance

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Is it possible to remove a second mortgage lien after a bankruptcy?

In 2001 we filed for bankruptcy, and put our house on it as well, and we had a second mortgage too, and of course, we put them on the bankruptcy as well. Well, the first mortgage talked us into taking the house back, but after the bankruptcy was discharged, we never heard from "The Money Store" again. The Money Store had our second mortgage. Well, we’re in the process of selling our home, and we got a hold of the second mortgage lien holders to get the pay off. When we filed bankruptcy we owed the second right at 11k. They say we owe them 18k, because of interest… BUT said they’d be willing to take a settlement, and then after talking to the guy for a while it was clear that The Money Store wants all of my equity he can get. Wants me to have nothing. Can they do this, and how should we deal with these people?

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