Judgement vs Fact

Posted by Reinstatement Services, Inc. on August 21, 2003 at 18:56:32:

In Reply to: Re: An exercise in Financial Gymnastics posted by Michelle on August 21, 2003 at 16:50:42:

I'm glad you were able to connect with your attorney. I really hope everything works out to your satisfaction. A word of advice, if you're experiencing difficulty in getting your calls returned by your attorney when it appears you need him most...that's not a good sign. Fact...not judgment.

I want to take this time to clear the air for those readers who might think our tone condescending. Because our work is geared towards assisting homeowners holding distressed loans in securing remedies that will help them avoid foreclosure, it would be an absurd finding if one determined that we do not respect people in default or that we think less of people who find themselves facing a choice of bankruptcy or foreclosure. We understand that unexpected situations can and do arise. Things happen, circumstances change. At some point in time, everyone is or has been affected by an unexpected financial twist. Fact...not judgement.

FYI, Michelle, our answers in this type of forum are based solely on what is being reported by the poster. So, as an example, when you report that an "INCREASE in payments for the bankro plus the mort note got us into trouble to begin with" then I'm forced to raise an eyebrow because the assertion doesn't make sense logically. Fact...not judgment.

When you go on to say, "Now we are expected to pay another $1000 extra a month for 6mos to get that caught up (back pay and mort. lawyer fees)" as if someone has saddled you with a debt that is not yours, then I start getting a picture that I'm dealing with someone who engages in shifting responsibility. Fact...not judgment.

My August 20th response to your initial posting provided you with the answers that you were waiting for your [hired] bankruptcy attorney to provide. But that wasn't enough.

You wanted to know if "foreclosure affect car loan credit as well, or mainly just mort. apps"...if you could walk away free and clear and if not, then how long to recovery.

Based on your statements, I provided an answer that quite frankly gave you a definite plan of action that would work in your favor...and because I honed in on the car loan query that YOU brought into the equation...I'm suddenly insensitive and unappreciative of all posters who are losing their home or filing bankruptcy? How ridiculous!

And your comment "not everyone does because they chose to live lavish lifestyles" is even more absurd. This is America and last I checked the number of persons in our country who are living ABOVE their means and forced to file bankruptcy was on a steady rise. So while EVERYONE filing bankruptcy might not be living lavishly, according to industry experts, the increase in filings ARE mainly attributed to poor financial planning and spending habits which is why the Bankruptcy Laws are currently being reexamined and in many instances modified. Fact...not judgment.

So Michelle, the outrage at my asserting that an automobile loan should not even be a question at this juncture if you are serious about fixing the situation you've created is unfounded. And your explanation regarding your car loan interest doesn't make sense...but I'm willing to go with it as stated. You don't owe me any explanations.

Although I might disagree with presentation or style, I do try to always leave posters I respond to with information that might bring positive movement to their situation.

So here goes, again...The above argument notwithstanding, in TX you risk deficiency judgment if the sale of your home does not provide your lender with proceeds enough to cover the outstanding debt. Bankruptcy appears on a credit profile for 10 years, Foreclosure for 7. While the road to cure will not be easy, as stated in my earlier posting, it is certainly achievable. If granted, Chapter 7 will allow you the clean slate you desire [in terms of deficiency] but it will not prevent foreclosure from taking place.

In closing, asking for help can be a very difficult thing to do, I agree. Just remember, offering expert knowledge to sometimes unappreciative, often unpaying, sometimes less than gracio

Follow Ups: 

Name    : E-Mail  : Subject : 
Comments:: I'm glad you were able to connect with your attorney. I really hope everything works out to your satisfaction. A word of advice, if you're experiencing difficulty in getting your calls returned by your attorney when it appears you need him most...that's not a good sign. Fact...not judgment.: I want to take this time to clear the air for those readers who might think our tone condescending. Because our work is geared towards assisting homeowners holding distressed loans in securing remedies that will help them avoid foreclosure, it would be an absurd finding if one determined that we do not respect people in default or that we think less of people who find themselves facing a choice of bankruptcy or foreclosure. We understand that unexpected situations can and do arise. Things happen, circumstances change. At some point in time, everyone is or has been affected by an unexpected financial twist. Fact...not judgement.: FYI, Michelle, our answers in this type of forum are based solely on what is being reported by the poster. So, as an example, when you report that an "INCREASE in payments for the bankro plus the mort note got us into trouble to begin with" then I'm forced to raise an eyebrow because the assertion doesn't make sense logically. Fact...not judgment.: When you go on to say, "Now we are expected to pay another $1000 extra a month for 6mos to get that caught up (back pay and mort. lawyer fees)" as if someone has saddled you with a debt that is not yours, then I start getting a picture that I'm dealing with someone who engages in shifting responsibility. Fact...not judgment.: My August 20th response to your initial posting provided you with the answers that you were waiting for your [hired] bankruptcy attorney to provide. But that wasn't enough.: You wanted to know if "foreclosure affect car loan credit as well, or mainly just mort. apps"...if you could walk away free and clear and if not, then how long  to recovery.: Based on your statements, I provided an answer that quite frankly gave you a definite plan of action that would work in your favor...and because I honed in on the car loan query that YOU brought into the equation...I'm suddenly insensitive and unappreciative of all posters who are losing their home or filing bankruptcy? How ridiculous!: And your comment "not everyone does because they chose to live lavish lifestyles" is even more absurd. This is America and last I checked the number of persons in our country who are living ABOVE their means and forced to file bankruptcy was on a steady rise. So while EVERYONE filing bankruptcy might not be living lavishly, according to industry experts, the increase in filings ARE mainly attributed to poor financial planning and spending habits which is why the Bankruptcy Laws are currently being reexamined and in many instances modified. Fact...not judgment.: So Michelle, the outrage at my asserting that an automobile loan should not even be a question at this juncture if you are serious about fixing the situation you've created is unfounded. And your explanation regarding your car loan interest doesn't make sense...but I'm willing to go with it as stated. You don't owe me any explanations.: Although I might disagree with presentation or style, I do try to always leave posters I respond to with information that might bring positive movement to their situation.: So here goes, again...: The above argument notwithstanding, in TX you risk deficiency judgment if the sale of your home does not provide your lender with proceeds enough to cover the outstanding debt. Bankruptcy appears on a credit profile for 10 years, Foreclosure for 7. While the road to cure will not be easy, as stated in my earlier posting, it is certainly achievable. If granted, Chapter 7 will allow you the clean slate you desire [in terms of deficiency] but it will not prevent foreclosure from taking place.: In closing, asking for help can be a very difficult thing to do, I agree. Just remember, offering expert knowledge to sometimes unappreciative, often unpaying, sometimes less than gracious, sometimes demanding individuals who solicit your expertise [but not your honesty] isn't easy either. Fact...not judgment.: So give US a break.Optional Link URL : Link Title        :

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