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07-10-2006, 12:47 PM
| | Junior Member | | Join Date: Jul 2006
Posts: 1
| | | Sheriff Sale Scheduled
What is the name of your state? New Jersey
My house is currently scheduled for Sheriff sale and the lender refuses to give us a amount owed on the property. We have the money to catch up but the attorney for the lender refuses to provide us with amount owed to stop the sale. I already filed for Chapter 13 about 3 years ago and fell behind 3 payments on my second mortgage and the attorney for the lender filed for final judgement and started sheriff sale proceedings.
Is it legal to not provide payoff numbers once final judgement is set? Is my only option is to pay the entire mortgage amount owed? Please help! My sale is schedule in one month. |
07-10-2006, 02:39 PM
| | Senior Member | | Join Date: Aug 2005
Posts: 1,964
| | | Has your Atty sent certified letters requesting this info for you? And of course you do realize a possible 2-5K has been added in Atty fees by now by the financial entity?
If you do not have an Atty involved then now is the time to hire one who might possibly save this home for you but frankly it sound beyond your means if you, after a BK, got 3 months behind again. |
07-28-2006, 08:58 AM
| | Junior Member | | Join Date: Jul 2006
Posts: 1
| | | sheriff sale in nj
Is it at all possible for lgray to have added the back payments that are past due to stop this sale or could they have just filed bankruptcy again to stop it. What is the legal recourse to stop a sale. Will just paying off the balance and refinancing before the sale save their home? |
07-29-2006, 04:25 PM
| | Senior Member | | Join Date: Aug 2005
Posts: 1,964
| | | Is it at all possible for lgray to have added the back payments that are past due to stop this sale
If the lender wanted to accept such and arrangement but remember the payments, if I read the post correctly, are already being made under the first BK.
or could they have just filed bankruptcy again to stop it.
Possibly, but again if I am reading this correctly the payments were being made as a part of the 1st BK
Will just paying off the balance and refinancing before the sale save their home?
Yes, but remember the OP's credit is shot after that BK then a record of such delinquencies on the mortgage within that BK. So realistically the OP even if they could find someone to refi would be paying out the ears in interest rates, meaning even higher payments than the current ones that can not be responsibly met.
My answers are based on the OP still being in that first BK. | |
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