I corresponded with Brett a month ago (in case you're back) about whether to
file a chapter 7 or 13 to try keeping the home I have lived in for 24 years.
The state is Mississippi, and huge medical expenses caused us to get behind
in our payments. We signed the paperwork for the Chapter 13 but a couple of
weeks later a man came by and told us he had bought our home so we called
our attorney who was rather vague about the papers we signed, telling us we
needed to file a Chapter 7 anyway because the hosue was falling apart and
needed repairs that we could not afford to have fixed...the neighborhood has
really gone down, and I decided that moving was the best choice so we were
told that we could take a couple of months to move out. We only needed a
month but the week before we moved out, the new owner put on a new roof,
hammered from 6:30 a.m. until dark, used our electricity for his cords and
our water which were still in our name. This last week was, in my opinion,
pure harrassment from the buyer, people on ladders, looking in our windows
and the constant hammering. I called our attorney to see what cold be done
about it, but he never even called me back. The owner said he just really
needed to get the repairs done for the people that wold be renting the
house...there were nails all over the yard, old boards with nails sticking
up in them, parts of the old roof fell all over our pool and deck; it was
like a living hell for a solid week. Now that we have moved, we have driven
by the house and it seems that all repairing has stopped...there is a
dumpdter out front which he also put in the yard before we moved, and a few
items are in it, but I think it's very odd that a person in such a hurry
would suddenly quit working and not be seen around the place at all. Now I
am wondering if the papers we signed have something to do with this and if
the man really even owns the home at all. Legally he should not since we did
sign the papers before the sale date. I do not want the house back since we
have moved to a comfortable apartment but also don't want to be screwed and
tattoed by an attorney and a crook. I need some advice on what I should do.
The last time I spoke with our attorney he said I wold be getting a letter
for the court date for chapter 7 in about four weeks and that it would be
$200 for that. Then he said he was only charging us $300 and that we could
make payments on that of $50 a month or however we wanted to pay it.
Something about this does not feel right. I appreciate any advice you could
give me or anyone else in this group. We have called our attorney again and
he has yet to call us back. This was two weeks ago.
Thank you,
Judith

I am not an attorney, but boy am I confused! How did this man happen
to buy your house? Did you have it up for sale? Was it foreclosed
on? When you say your attorney was "vague", what did he say? I may
be reading this all wrong, but it sounds like some kind of scam to me.
Even if you are in a Chapter 7, you don't suddenly lose your home. No
doubt if the house is in disrepair and the neighborhood is
deteriorating, the wise choice would be to give it up in the BK. But
certain processes have to be put in motion for this to happen.

What did the "buyer" show you? It almost sounds like the buyer had
the wrong house and found out after he began to repair it. Why is
your attorney so unperturbed about the whole deal? I could go on with
the questions but this is a real first, at least out of all the posts
I've ever read.

I hope I am misinterpreting what you wrote and that this is all
somehow legitimate and everything is on the up and up. After all, my
experience is limited to what happened in our BK 7. But someone
appearing and saying he bought your house--was it in a sheriff's sale
or something?

There seem to be pieces missing out of this puzzle. Maybe if you can
add anything to what your lawyer actually told you we can figure it
out. There are much greater minds then mine on this board so
hopefully they can help you. This is one case I'm anxious to know
about because it is very confusing.

Please keep us posted.






"Judy Marrs" <jmarrs@myspeedworks.com> wrote in message news:<9v3Wa.2$yx5.561@eagle.america.net>... I corresponded with Brett a month ago (in case you're back) about whether to file a chapter 7 or 13 to try keeping the home I have lived in for 24 years. The state is Mississippi, and huge medical expenses caused us to get behind in our payments. We signed the paperwork for the Chapter 13 but a couple of weeks later a man came by and told us he had bought our home so we called our attorney who was rather vague about the papers we signed, telling us we needed to file a Chapter 7 anyway because the hosue was falling apart and needed repairs that we could not afford to have fixed...the neighborhood has really gone down, and I decided that moving was the best choice so we were told that we could take a couple of months to move out. We only needed a month but the week before we moved out, the new owner put on a new roof, hammered from 6:30 a.m. until dark, used our electricity for his cords and our water which were still in our name. This last week was, in my opinion, pure harrassment from the buyer, people on ladders, looking in our windows and the constant hammering. I called our attorney to see what cold be done about it, but he never even called me back. The owner said he just really needed to get the repairs done for the people that wold be renting the house...there were nails all over the yard, old boards with nails sticking up in them, parts of the old roof fell all over our pool and deck; it was like a living hell for a solid week. Now that we have moved, we have driven by the house and it seems that all repairing has stopped...there is a dumpdter out front which he also put in the yard before we moved, and a few items are in it, but I think it's very odd that a person in such a hurry would suddenly quit working and not be seen around the place at all. Now I am wondering if the papers we signed have something to do with this and if the man really even owns the home at all. Legally he should not since we did sign the papers before the sale date. I do not want the house back since we have moved to a comfortable apartment but also don't want to be screwed and tattoed by an attorney and a crook. I need some advice on what I should do. The last time I spoke with our attorney he said I wold be getting a letter for the court date for chapter 7 in about four weeks and that it would be $200 for that. Then he said he was only charging us $300 and that we could make payments on that of $50 a month or however we wanted to pay it. Something about this does not feel right. I appreciate any advice you could give me or anyone else in this group. We have called our attorney again and he has yet to call us back. This was two weeks ago. Thank you, Judith

Judith:

I agree, something doesn't sound right about what's happening.

I'd suggest speaking with another bankruptcya attorney, get a
different perspective, and see what's going on.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Judy Marrs" <jmarrs@myspeedworks.com> wrote in message
news:9v3Wa.2$yx5.561@eagle.america.net... I corresponded with Brett a month ago (in case you're back)
about whether to file a chapter 7 or 13 to try keeping the home I have lived in
for 24 years. The state is Mississippi, and huge medical expenses caused us
to get behind in our payments. We signed the paperwork for the Chapter 13 but
a couple of weeks later a man came by and told us he had bought our home so
we called our attorney who was rather vague about the papers we signed,
telling us we needed to file a Chapter 7 anyway because the hosue was falling
apart and needed repairs that we could not afford to have fixed...the
neighborhood has really gone down, and I decided that moving was the best choice
so we were told that we could take a couple of months to move out. We only
needed a month but the week before we moved out, the new owner put on a
new roof, hammered from 6:30 a.m. until dark, used our electricity for
his cords and our water which were still in our name. This last week was, in
my opinion, pure harrassment from the buyer, people on ladders, looking in
our windows and the constant hammering. I called our attorney to see what
cold be done about it, but he never even called me back. The owner said he
just really needed to get the repairs done for the people that wold be
renting the house...there were nails all over the yard, old boards with
nails sticking up in them, parts of the old roof fell all over our pool and
deck; it was like a living hell for a solid week. Now that we have moved, we
have driven by the house and it seems that all repairing has
stopped...there is a dumpdter out front which he also put in the yard before we
moved, and a few items are in it, but I think it's very odd that a person in
such a hurry would suddenly quit working and not be seen around the place at
all. Now I am wondering if the papers we signed have something to do with
this and if the man really even owns the home at all. Legally he should not
since we did sign the papers before the sale date. I do not want the house
back since we have moved to a comfortable apartment but also don't want to be
screwed and tattoed by an attorney and a crook. I need some advice on what
I should do. The last time I spoke with our attorney he said I wold be
getting a letter for the court date for chapter 7 in about four weeks and that
it would be $200 for that. Then he said he was only charging us $300 and
that we could make payments on that of $50 a month or however we wanted to
pay it. Something about this does not feel right. I appreciate any
advice you could give me or anyone else in this group. We have called our
attorney again and he has yet to call us back. This was two weeks ago. Thank you, Judith

You house didn't go to foreclosure or sold by the county for unpaid
taxes was it? Even if it was sold you would have been notifed by the
county? Don't accept vague answers from you lawyer, call him/her back
or better yet go to thier office. Call the county treasurors and
assessor's offices if you house was sold they will have a record of
it.


HTH,
David

Okay...here's exactly what happened...we received a letter saying our home
was going to be foreclosed on, the date we were told to pay up or else was
by June 4. We had been on Chapter 13 before to keep the house but we behind
in our payments because of a catastrophic illness and surgeries and I had
missed work for two months and just could not make the payments. The Chapter
13 was dismissed but our attorney said not to worry that we would just file
again. So after getting the foreclosure letter, we did begin the next filing
and signed all the papers and took them to our attorney. One day we are
sitting out by the pool and our son comes out and tell us that there is a
man at the door that says he is the new owner of our home. We are frantic
and call our attorney and he says not to worry that he will look into
it...like we sholdn't worry about losing our home of 22 years??? When we
tell this to the guy that bought the house and tell him that we have refiled
Chap. 13, he leaves. Our attorney then tries to convince us to file a
chapter 7, but I was so upset and not thinking about anything except why the
crap did this happen since we signed those papers...the attorney has not yet
told us how this has happened but has been patting himself on the back for
giving us such a great deal on filing the chapter 7 for us...if I ask him
about the signed papers, he won't give me a straight answer. We didn't know
what to do when the buyer came back over and said yes he does own the hosue
and that he bought it on the courthouse steps which happens in foreclosure
here. We have called our attorney and he has returned our calls maybe three
times, always seems in a hurry and just won't give straight answers...he
intimidates my husband when he talks to him so he won't ask necessary
questions. The time I told him that I wanted a copy of the papers we signed,
he got very angry and made accusations like we were going to sue him after
he had given us such a good deal financially on everything he had done for
us which I say was nothing...our good friend that once worked for him told
us this week that he was famous for not returning clients' phone calls and
she qut because she was tired of being cursed out by those he would not call
back...the week before we moved was like living hell for us as I have
described already...now I don't know what to do except file the chapter 7,
but I just know we have been screwed by someone and don't really know where
to turn since our own attorney seems like he was possibly involved...
Judith



"Sharon" <torgo7@comcast.net> wrote in message
news:632c3647.0307311047.5fe22c32@posting.google.c om... I am not an attorney, but boy am I confused! How did this man happen to buy your house? Did you have it up for sale? Was it foreclosed on? When you say your attorney was "vague", what did he say? I may be reading this all wrong, but it sounds like some kind of scam to me. Even if you are in a Chapter 7, you don't suddenly lose your home. No doubt if the house is in disrepair and the neighborhood is deteriorating, the wise choice would be to give it up in the BK. But certain processes have to be put in motion for this to happen. What did the "buyer" show you? It almost sounds like the buyer had the wrong house and found out after he began to repair it. Why is your attorney so unperturbed about the whole deal? I could go on with the questions but this is a real first, at least out of all the posts I've ever read. I hope I am misinterpreting what you wrote and that this is all somehow legitimate and everything is on the up and up. After all, my experience is limited to what happened in our BK 7. But someone appearing and saying he bought your house--was it in a sheriff's sale or something? There seem to be pieces missing out of this puzzle. Maybe if you can add anything to what your lawyer actually told you we can figure it out. There are much greater minds then mine on this board so hopefully they can help you. This is one case I'm anxious to know about because it is very confusing. Please keep us posted. "Judy Marrs" <jmarrs@myspeedworks.com> wrote in message
news:<9v3Wa.2$yx5.561@eagle.america.net>... I corresponded with Brett a month ago (in case you're back) about
whether to file a chapter 7 or 13 to try keeping the home I have lived in for 24
years. The state is Mississippi, and huge medical expenses caused us to get
behind in our payments. We signed the paperwork for the Chapter 13 but a couple
of weeks later a man came by and told us he had bought our home so we
called our attorney who was rather vague about the papers we signed, telling us
we needed to file a Chapter 7 anyway because the hosue was falling apart
and needed repairs that we could not afford to have fixed...the neighborhood
has really gone down, and I decided that moving was the best choice so we
were told that we could take a couple of months to move out. We only needed a month but the week before we moved out, the new owner put on a new roof, hammered from 6:30 a.m. until dark, used our electricity for his cords
and our water which were still in our name. This last week was, in my
opinion, pure harrassment from the buyer, people on ladders, looking in our
windows and the constant hammering. I called our attorney to see what cold be
done about it, but he never even called me back. The owner said he just
really needed to get the repairs done for the people that wold be renting the house...there were nails all over the yard, old boards with nails
sticking up in them, parts of the old roof fell all over our pool and deck; it
was like a living hell for a solid week. Now that we have moved, we have
driven by the house and it seems that all repairing has stopped...there is a dumpdter out front which he also put in the yard before we moved, and a
few items are in it, but I think it's very odd that a person in such a hurry would suddenly quit working and not be seen around the place at all. Now
I am wondering if the papers we signed have something to do with this and
if the man really even owns the home at all. Legally he should not since we
did sign the papers before the sale date. I do not want the house back since
we have moved to a comfortable apartment but also don't want to be screwed
and tattoed by an attorney and a crook. I need some advice on what I should
do. The last time I spoke with our attorney he said I wold be getting a
letter for the court date for chapter 7 in about four weeks and that it would
be $200 for that. Then he said he was only charging us $300 and that we
could make payments on that of $50 a month or however we wanted to pay it. Something about this does not feel right. I appreciate any advice you
could give me or anyone else in this group. We have called our attorney again
and he has yet to call us back. This was two weeks ago. Thank you, Judith

No, it was not sold for back taxes. I will make that phone call though,
thanks!! That way I can at least find the date on which the house was sold.
About going to his office, when we call there to ask for an appointment, his
secretary or receptionist always says he's in court and then has an
appointment somewhere.



"David Jackson" <info@mustardandrelish.com> wrote in message
news:28db9f57.0307311456.2ad2c0e6@posting.google.c om... You house didn't go to foreclosure or sold by the county for unpaid taxes was it? Even if it was sold you would have been notifed by the county? Don't accept vague answers from you lawyer, call him/her back or better yet go to thier office. Call the county treasurors and assessor's offices if you house was sold they will have a record of it. HTH, David