HELP!! Is it too late- bankruptcy and foreclosure

What is the name of your state? Missouri
My husband and I are going through a Chapter 7 bankruptcy. We have already had the 341 meeting where the trustee said she was going to require our 2005 taxes and then we had to make an agreement to pay a small amount over the next 12 months. The problem is that our mortgage company just filed a release of stay so that they can proceed with foreclosure. When I first met with my attorney, I told her that we were 2 months behind and she said to contact them and see if we could work out a deal to catch up. I did this and filled out paperwork, sent it in, but never heard anything from them. I called, but couldn't get a call back on the matter. Then all of a sudden, they are foreclosing. I'm wondering if the financial stuff I filled out for them could have told them that we couldn't afford it, so they are just foreclosing. Anyway, now I don't know what to do and what our options are. My attorney laughs at me everytime I ask a question and treats me like I'm and idiot for asking, so that's why I'm coming here with this one. Can we still switch to a Chapter 13 at this point? Can my attorney negotiate an arrangement to pay back? She says we only have a week to decide what to do- but I don't understand all of the options we have available. Obviously paying the lender in full- but what if we can't do that?

I am confused how the whole foreclosure process is handled. I currently own a home with an ex who neither of us are living in the house. We have tried selling the property then tried rent to own. Both were unsuccessful. We received the letter from the banking indicating the property is in the foreclosure process. To my understanding, after the bank sells the property, we are responsible to pay back the difference between the amount the house sold for and the balance of the loan. Well, my ex informed me he is filing for bankruptcy. Does that mean that he will not be responsible for the balance? Will the bank sue me for it and possibly garnish my wages and even repossess my car? Should I file bankruptcy too? Neither of us have any money. Please help! Thank you!

You really need an attorney who has access to the deed, the note, and other relevant documents. Unless the bank seeks a deficiency judgment against you or your ex for any balance owed ( difference between the selling price and amount owned), you aren't responsible for repayment. However, if they seek a deficiency judgment, you both could be responsible if your names were both on the note and on the deed.

I would take the documents to an attorney who can look at them and offer more precise advice.

hello i am a new comer to your site.

Well, I am sure you read the terms of service of this site and know that it isn't a place for religious proselytization nor is it a site to advertise your spam, as you did on another thread.

If you are going to be here, follow the rules.

This is my personal experience, your state may be different.

Once the courts find that anyone who is on the deed is in bankruptcy they will cease and decist proceedings. It is the bank may take it before the bk courts and request that the party who has NOT filed be held solely responsible it is possible that they could go after you, but again consult an attorney.

HUH? Once WHAT court? Perhaps you meant to say COLLECTION EFFORTS by any creditors will stop once someone has filed for bankruptcy? The court isnt DOING any "action" until bankruptcy is filed. Stating the COURT stops action when bankruptcy is filed is simply incorrect. OR, does the 'they' in your posting refer to the creditors?

Quote:

Originally Posted by DoorBuster It is the bank may take it before the bk courts and request that the party who has NOT filed be held solely responsible it is possible that they could go after you, but again consult an attorney.

What does "It is the bank may take it before the bk courts" mean? Again, HUH?

As I said in MY reply, IF the mortgage company seeks a deficiency judgment she MAY be held responsible. Was that what you meant to say?

I have no idea what the balance of your posting means.