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Old 07-21-2005, 01:22 PM
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Join Date: Jul 2005
Posts: 4

Lost home on Foreclosure, what do I do now?


What is the name of your state?What is the name of your state? Florida

I lost my home on July 13, 2005 to a forclosure despite my every effort to save it. My circumstances were also not my benefit. My husband and I bought the home in 1996, the loan is FHA, we however, seperated several years ago and agreed to let him remain in the home so as to remain in Florida and be a full time figure in our daughter's life. We remained friends and worked out anything that ever came about so as to maintain our daughter's childhood home as well as her happiness. Unfortunately, when he fell behind in the mortgage payments at Christmas time he did not let me know. I filed his taxes for him as well a person he let reside with him that never so much as fed himself much less help with any of the bills he incurred while staying there. When I filled his taxes and explained to him and Patrick that he was getting a substantial return he agreed to have directly depostied into Patrick's bank account. Since the mortgage was already behind, he continued to wait for these funds so as to send the mortgage company one lump sum that would bring his account current. When he mailed the check with 4 months mortgage payments the lender returned his check stating that he was close to $200 short from late fees, etc. and that they would only take a cashiers check or money order at this time. By the time he received the check back and waited to be payed again, which is about the time he let me know what was going on, there waas a process server knocking at his door. Since we did not reside together he had to give them directions to my home only a few miles away so they could serve me as well. Since then I did everything I could to try to avoid forclosure. Unfortunately, we were ignorant to all of our rights as well as gullable in believing pretty much everthing we were told. I asked for reinstatement which considering if they had taken his check and offered a forbearance agreement which I did eventually ask for when I found out what it was the reinstatement should never have been an option, the forclosure proceedings had not even started as of yet when he tried to bring the account current. What I need to know now is, since there was so much equity in the home did they ignore me as a party in this case even though I did all the responses and more, because we were seperated and his name is first on the mortgage? I also need to know if there is any way to get an extension to the amount of time he has to vacate the home? If we were to file bankruptcy would this give him any more time to get his belongings together? We had a lender tell us they were refinancing the home with cash back up until less than 2 days before the auction. I tried to file bankruptcy, chapter 13 to get an automatic stay and save the house but this is something that cannot be done over night. I only have 3 days left to object to the sale and we have lost our home of 10 years for good. What are FHA's laws about the way we were pushed from our home. Can anyone help me at all? I realize there is no time left, if anyone can give me any insight even to something I can file on my own to help him at least get some more time prior to vacating I would be forever grateful.
Thank you very much for any help at all,
Allison Pickens
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