thebee7777
Junior Member
What is the name of your state?Ohio
Back again to plumb the depths of wisdom and knowledge. I filed chapter 7 myself on 6/20/03.....the same day as the Sheriff's foreclosure sale. It was stamped with the date and time 0936am. When I hand delivered it to the sheriff's sale, due to commence at 1000am, I was sent to a large media room in the courthouse. The room was filled with about 200 bidders, fanning themselves with their paddles and the auctioneer was clearing her throat as she stepped up to the podium to start the sale. I briskly walked to the front and handed the prepared copy to the recorder and she withdrew my house from the sale. Talk about cutting it close!
Contrary to what I believed, that I had to notify all the creditors in the matrix, the court did it for me. I only have to serve notice on any schedule F Addendum, which I do have to file because in my rush I forgot a creditor or two.
Post filing questions: 1. The mortgage company filed for a relief of stay to continue the foreclosure. Their reason, if I understand it correctly, is that in May my Homeowners insurance was cancelled D/T condition of the property. I have no money to find a company to provide another policy. Is there anyway to fight this? I talked to a Lawyer at the PPL, which I've come to understand is a service for newbie lawyers to build their practices from. He said that the mortgage co has a 100% chance of being granted the relief of stay and instead of starting the forclosure process all over again they'll be able to schedule another foreclosure sale immediately. Is this true? I'm in a panic, I have nowhere to go and no income yet.
2. I have been a cosigner on this mortgage from the beginning-20 years and the electric bill has been with the same company for the same amt. of time. I was on the original electric bill, but somehow along the way, I guess for simplicity's sake, it is only in my soon to be x-husband's name. After I filed, I had to leave town for a week, and the electric co. threw a ladder over my six-foot fence and shut off my electricity! I came home and it had been off for 2 days, I lost all my food, have only $115.00/mo disability assistance and food stamps. It was a Saturday morning and the highest up at the electric company refused to turn me back on when I told her of the bankruptcy. She said that the acct wasn't in my name, and they hadn't recieved notice anyway. She instructed me to fax the front page of the bankruptcy, the page where they were listed, proof that my husband was in jail, which I did. They stalled me untill Tuesday afternoon, saying their legal dept. was determining what to do. I sat on the phone with them all of Sat., Monday & Tuesday when at 4PM on Tuesday they said they would close the original acct. and open one in my name only for a $237.00 deposit. I feel taken advantage of because they know I filed pro se. I also thought that any creditor that I payed within 90 days of filing would just have the money taken away by the court. Please advise and comfort.
Deb 'thebee7777'
PS: I know this was long, HomeGuru, but I need your help and Ladynred's
Back again to plumb the depths of wisdom and knowledge. I filed chapter 7 myself on 6/20/03.....the same day as the Sheriff's foreclosure sale. It was stamped with the date and time 0936am. When I hand delivered it to the sheriff's sale, due to commence at 1000am, I was sent to a large media room in the courthouse. The room was filled with about 200 bidders, fanning themselves with their paddles and the auctioneer was clearing her throat as she stepped up to the podium to start the sale. I briskly walked to the front and handed the prepared copy to the recorder and she withdrew my house from the sale. Talk about cutting it close!
Contrary to what I believed, that I had to notify all the creditors in the matrix, the court did it for me. I only have to serve notice on any schedule F Addendum, which I do have to file because in my rush I forgot a creditor or two.
Post filing questions: 1. The mortgage company filed for a relief of stay to continue the foreclosure. Their reason, if I understand it correctly, is that in May my Homeowners insurance was cancelled D/T condition of the property. I have no money to find a company to provide another policy. Is there anyway to fight this? I talked to a Lawyer at the PPL, which I've come to understand is a service for newbie lawyers to build their practices from. He said that the mortgage co has a 100% chance of being granted the relief of stay and instead of starting the forclosure process all over again they'll be able to schedule another foreclosure sale immediately. Is this true? I'm in a panic, I have nowhere to go and no income yet.
2. I have been a cosigner on this mortgage from the beginning-20 years and the electric bill has been with the same company for the same amt. of time. I was on the original electric bill, but somehow along the way, I guess for simplicity's sake, it is only in my soon to be x-husband's name. After I filed, I had to leave town for a week, and the electric co. threw a ladder over my six-foot fence and shut off my electricity! I came home and it had been off for 2 days, I lost all my food, have only $115.00/mo disability assistance and food stamps. It was a Saturday morning and the highest up at the electric company refused to turn me back on when I told her of the bankruptcy. She said that the acct wasn't in my name, and they hadn't recieved notice anyway. She instructed me to fax the front page of the bankruptcy, the page where they were listed, proof that my husband was in jail, which I did. They stalled me untill Tuesday afternoon, saying their legal dept. was determining what to do. I sat on the phone with them all of Sat., Monday & Tuesday when at 4PM on Tuesday they said they would close the original acct. and open one in my name only for a $237.00 deposit. I feel taken advantage of because they know I filed pro se. I also thought that any creditor that I payed within 90 days of filing would just have the money taken away by the court. Please advise and comfort.
Deb 'thebee7777'
PS: I know this was long, HomeGuru, but I need your help and Ladynred's