Posts Tagged ‘retirement income’

Can bank foreclose if you've never missed a payment?? Does anyone know the law here? Help.?

OK….So my Mom (She’s 72) filed bankruptcy protection 7 months ago as she has a retirement income and only one house….So now an attorney for the bank that holds a small mortgage on the property has filed a motion to "Lift the stay" on the house so the bank can immediately foreclose on the property. BUT….She has never failed to pay the monthly mortgage payment or been late on it. Even after she filed for protection. So….How can I help her? Should she file a answer to their motion right away to the judge? Her bankruptcy attorney is busy or wont help. I’m trying to get her to find a new attorney…But for right now, what should she do? How do these things play out?? I’ve had a hard time understanding how a bank can expect to foreclose on someone who’s paid their mortgage? Will the judge take them seriously when they’re dealing in speculation (What might happen) and not absolutes?? Thanks for any help!!
Not sure if any of the covenants of the mortgage have been violated…What’s an example of that type of violation? All I know is that she’s paid every month on time.

Technorati Tags: , , , , , , , , ,

Bankruptcy or debt consolidation?

I was divorced last fall, in Texas, where I still reside. My attorney refused to ask my x for disclosure, so I did not know that my x had ,000 in credit card debt. The divorce papers say she’s liable for debts she incurred from the day I walked out on her, and for all debts that are in her name, which these 3 revolving accounts are. But, she hasn’t paid and yesterday, after getting turned down for credit, I checked my credit online and found out that two of her credit card companies have put charge-offs on my credit, a third one is about to, because she’s 190 days past due on it, and she never paid the phone bill so Embarq has put a charge-off on my credit, too, for 0, which is the least of my worries, but my credit score is barely over 400 now. Everything else on my credit shows "paid on time/as agreed". I’ve never made a late payment on anything my whole life.

I’m considering bankruptcy, but I own two homes (one is a rent house, both are mobile homes). The industry I work in is winding down and I had planned on moving into the landlord business. I’d planned to purchase an RV park, not only as a new career, but as my only retirement income, as well. I’ll be 50 years old in a few months. I don’t have years left over to build more credit.
Suing my x for whatever she owes me will not do any good, because she refuses to work, doesn’t have a job skill and will surely never pay me once I win in court.
My income is excellent, and I may make too much for Chapter 7. Also, one of my homes is in a mobile home park inside a city limits. My main home sits on 2 acres in a subdivision, outside of city limits. I’m concerned that if I file bankruptcy, I won’t be able to keep both houses. I also have two cars. One is a junker that my X trashed and gave back to me while the divorce was still pending. I owe less than ,000 on it. The other car is very nice, only 2 years old, and I owe a lot on it. I’m paying on all this, on time. My only concern is losing my homes and the good car.
Personally, I have no other bills besides the two house payments and the two car payments & their insurance. I have no revolving accounts.
Given my plans for retirement and my unsteady job security right now, which do you think I should do, file or consolidate just her bad bills and pay them off over time?

Technorati Tags: , , , , , , , , , , , , , , , , , , ,

-->