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Forced Homelessness with Minors

  • Thread starter Thread starter Kim S.
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K

Kim S.

Guest
In the state of Texas, is it legal to force a family into homelessness (no room in shelters currently available, nor family/friends, or money for motel long-term lodging) in a foreclosure attempt when there are 3 minors (5, 3, 18 months) and a pregnant woman (7.5 months along) involved especially when the said property is listed under a current Chapter 13 bankruptcy case?
 


I AM ALWAYS LIABLE

Senior Member
Kim S. said:
In the state of Texas, is it legal to force a family into homelessness (no room in shelters currently available, nor family/friends, or money for motel long-term lodging) in a foreclosure attempt when there are 3 minors (5, 3, 18 months) and a pregnant woman (7.5 months along) involved especially when the said property is listed under a current Chapter 13 bankruptcy case?

My response:

Yes. It's not your home. It's the bank's home. The home is collateral for the loan. If you can't pay the mortgage, out you go. Since the house is in Bankruptcy, and the house is collateral for the loan, the BK Trustee will remove the house from the BK and allow the Bank to finish the foreclosure.

You know, there's over 6 BILLION people on this earth, and you're still having children ? Especially when you can't pay your bills ?

No one owes you a free ride in this life, even if you have babies. That's why we have Welfare. Go apply.

And, use a little self-restraint, and exercise some personal responsibility, will you ?

IAAL
 
R

redbird2

Guest
Your opinion is harsh and hasty

I also have 3 children. My husband left me for another woman. He also left me with ALL the bills and the rent due. He does not pay CS. I am recovering from a terrible accident and need surgery before I can go back to work. I think the circumstances should be fully understood. I am in no way a bum. Where is the father of these children and why isn't he helping?
 

I AM ALWAYS LIABLE

Senior Member
Re: Your opinion is harsh and hasty

redbird2 said:
I also have 3 children. My husband left me for another woman. He also left me with ALL the bills and the rent due. He does not pay CS. I am recovering from a terrible accident and need surgery before I can go back to work. I think the circumstances should be fully understood. I am in no way a bum. Where is the father of these children and why isn't he helping?

My response:

My response was not "harsh and hasty". This person needs a "reality check".

The writer's situation has gone way beyond "missing mortgage payments", receiving letters and calls from the bank that threaten foreclosure. This writer has gone so far that the writer filed Bankruptcy, and listed the home in the Assets sheet.

Do you think this all happened overnight ?

This writer knew about this situation for months, and months, without paying anything toward the mortgage, and then tried to forestall foreclosure by using Bankruptcy.

Yet, the writer has 3 children, and one in the oven, and then asks if it's "fair" that the bank should foreclose on the home.

It's way too late to start asking, "Where's the father?" Even if there was a father in this matter, it wouldn't help. This writer's credit is in the toilet, and no matter what happens, the bank is going to eventually take the home back, and boot the writer out right along with the kids.

What about the Bank's "Rights" to their property ? You don't care about that, do you ? The bank has investors who want to see a "return" on their investment, and are not in the business of "charity". That's why the writer signed a mortgage contract, and not a charity receipt for the house. The bank, and it's investors, have bills to pay, and families to feed and clothe, also. They have a right to their money also.

So, in business, IT IS FAIR that the writer, or anyone who fails to make payments, should be booted out of someone else's property - - and that's what it is; the house belongs to the bank, and not to the writer.

We don't have to look too far back in our history to know that there were thousands and thousands of people just like, or worse off, than our writer - - it was called the Great Depression.

At least, today, our writer had the use of the Bankruptcy laws to buy a little more time to stay in the house. Back in the 1930's, during the Depression, there was no such thing as Bankruptcy - - the banks just threw you out, along with all of your children, into the street and boarded up the house.

So, consider our writer lucky. But, the bank has to answer to it's investors, and when payments aren't made on a house, it's "out you go".

Our writer should have planned a little better, rather than having more children. I don't feel sorry for our writer, and why should you ? This is life, this is real, this is business. The writer knew this going in, and lost.

The bank doesn't owe them a home for free.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-27-2001 at 12:42 PM]
 

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