|
||||
| | ||||
Posted by Paul on July 30, 2005 at 15:02:38:
In Reply to: Sheriffs Sale in 2 Weeks - Illinois posted by Kay on July 29, 2005 at 19:35:14:
: Can anyone please advise? Long story try to summarize best I can....
: Refied my loan in June 02 - day after refi - hit by drunk driver on way to work.... couldnt walk right... went on short term disability.... rec'd 1 check in 7 weeks time... called lender to advise of situtation and ask for help... was told "loan too new... sell your house"... not an option at that time... was facing a spinal fusion surgery...
: went back to work cuz couldnt count on Short Term Disability timely payments.. returned to work in pain and worked while awaiting surgery in Feb 03...
: Dec 02 saw Bankrupcty Atty... was advised to have surgery... continue to fall behind mort pymts till back at work... rerturned to work in April 03 filed Chapt 13...
: resumed pymnts to lender in May 03 with copy of signed filing notice of Chapt 13...they were supposed to keep May 03 pymt and did not - returned it to me saying I was in foreclosure... contacted BK Atty who told me to replace it with a cashiers check to his office and he would turn it over to lenders atty (found out 14 mths later check never cashed - lender is claiming late fees since that time)...
: June of 03 sent another mort pymt it was cashed and I assumed everything was now on track... June of 03 rec'd new pymnt coupons from lender indicating approx $200.00 increase in mort pymt... called BK atty... he advised lender could raise amount due to taxes... etc... but I could avoid an increase by paying the escrow shortage in full... I did that with a letter explaining what my intentions were and also rqstd updated coupons to insure I was paying the correct amount... never heard a word... all checks in the original mortgage amount (outlined in the plan) continued to be cashed by the lender....
: while recovering from the fusion surgery... on my way home from work in Aug 03.. was rearened at 45mph and went numb from my right hip to my foot... few months later was diagnosed with Mulptiple Sclerosis and no longer able to work as of Jan 04)
: February 04 lender again sought to reinstate the foreclosure saying I was not paying the correct mortgage amnt... the Plan states that the lender must notify Trustee of changes to the monthly mort amnt... Trustee would approve change and notofy debtor.... THIS NEVER HAPPENED...
: April 04 Rc'd settlement from drunk drive accident by suing my underinsured... turned over all monies to Trustee... Trust was to pay per May 04 order the amnt due Mort lender...
: Rc'd "Dishcarge of Debt" from Trustee... rc'd new pymnt coupons from lender indicating next pymnt Aug 04... paid Aug 04 only to have it returned stating I was in foreclosure... Trustee refunded fees left over after Chapt 13 in Aug 04...
: tried to work with lenders attys and BK atty to find out what went wrong... to date.. still in the dark...
: filed response to mortion to procede with foreclosure Pro Se and went to court against lenders atty in Sept 04 thru April 04-Cook county changed judges... was to rc'v postcard with next court date.. did not rcv= there was a court date May 9th I was unaware of.. new judge figured since I wasnt there... he would proceed with judgement... now I have a sale date of Aug 11th...
: SSD is just now coming thru- at cash pymnt ctr in Baltimore since May 15, 05 .. first deposit is to be Aug 3rd and still dont know monthly amount cuz intrvw is set for Aug 3rd for dependent... also dont have a clue about the back pay due me yet....
: hoping/praying a wise soul will see this quagmire and be able to help somehow.... God bless you in advance....
See I recived help. Good Luck.
