eviction
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Daryl Chausse
eviction
O.K. this is involved but i will try to be brief, i was injured on feb 10 of this year and have been on disability, which is not near enought o cover my expenses, a cash settlement is imminent fuinally of around 50,000 i also have a supervisor job lined up to start oct 6, i have kept everyone in the loop park owner ect., my land is 4 months in arrears i got a summons on aug 7 i contacted the lawyer for the park and she said she was unaware of my injury and such and wouold talk to the park owners i got an eviction on thursday to be out monday a holiday noone was arounrd to talk to being a four day weekend i pushed a got 9000 dollars on friday enought to pay now as i understand it the can refuse payment, i was talking to chase who holds title on my home and they told me the park owners were going to put it up for sale, chase said no they will pay i said then i will pay you, if that happens, can the park still keep me out, or by proxy have they accepted payment through chase, i have 40,000 equity in my home and put it up for sale 3 months ago, no buyers, what i find weird now is i think the park prevented buyers from coming, i had a lady come by who said she has been trying to contact my broker with no success, she came by and found me home and explained this to me, that is just a side issue what i want to know is i have the money now and if chase takes the money am i then back or do i have to still go even though it is a holiday, i cannot do anything legally till tuesday.
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rmurray
Re: eviction
Nor can they do anything on a holiday...The person to talk to is the park attorney...Most parks only want thier money..often the coorporate parks force the local manager to start action..even when a good excuse if possible and a solution in sight...
The park could not sell the home anytime soon...Every state has different laws...but seldom could they sell the home and not payoff Chase..Chase has the first mortgage...Chase as other lenders have the right to repossess the home..often they pay back rent rather than go through extended, costly legal action to retrieve the home without paying back rent...Chase will not send any rent until they have repossessed the home..I would try to keep them out of this..
Since your credit sounds like it is already shot..and you intend to do the right thing and pay...You might want to find a bankruptcy attorney early Tuesday morning..A bankruptcy action right now will stop the action and can delay it for many months...until your money is in and you can make it right..One phone call from a bankruptcy attorney to the parks might make them listen and understand you have rights and honorable intentions...
Good Luck
The park could not sell the home anytime soon...Every state has different laws...but seldom could they sell the home and not payoff Chase..Chase has the first mortgage...Chase as other lenders have the right to repossess the home..often they pay back rent rather than go through extended, costly legal action to retrieve the home without paying back rent...Chase will not send any rent until they have repossessed the home..I would try to keep them out of this..
Since your credit sounds like it is already shot..and you intend to do the right thing and pay...You might want to find a bankruptcy attorney early Tuesday morning..A bankruptcy action right now will stop the action and can delay it for many months...until your money is in and you can make it right..One phone call from a bankruptcy attorney to the parks might make them listen and understand you have rights and honorable intentions...
Good Luck
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Elizabeth
Re: eviction
Hi,
Let me give you some helpful information. You do have rights and options, although certainly no one on the side of the park or the finance company will educate you about them.
A bankruptcy will immediately stop the eviction proceeding and allow you to get back on your feet and make payment arrangements through the Court to bring your arrears current.
If you know of an attorney that specializes in bankruptcy law, ask him to guide you. If not, we can help you from here.
Good luck.
Elizabeth
Let me give you some helpful information. You do have rights and options, although certainly no one on the side of the park or the finance company will educate you about them.
A bankruptcy will immediately stop the eviction proceeding and allow you to get back on your feet and make payment arrangements through the Court to bring your arrears current.
If you know of an attorney that specializes in bankruptcy law, ask him to guide you. If not, we can help you from here.
Good luck.
Elizabeth
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DstPN
Re: eviction
Bankruptcy may put a quick stop to this, but long term effects from a filing will follow you for the next 10 years, even if you stay now what is the chance you will be in the home in 10 years and will still be paying indirectly. Keep in mind the last thing Chase wants to do is to repossess the home. Something I have seen at other lenders is putting any PDUE payments on the back end of the loan to include back lot rent, you may need to make a month or two worth of interest only payments. I do not know if this is a practice of Chase, but they have alot of exposure as they will have to continue paying the park rent to include all maintenance of the home (mowing of lawn, snow removal, etc.) in addition of any refurbishment of the home in accordance with park standards. I am sorry for your situation, however in my 10 years in this industry, Bankruptcy is being sold as the only option to get out of any manufactured home jam and the long term effects not only destroy the credit ratings of the customer, but damages the perception of our industry as well. If you feel compelled to file, my best to you, but please explore options such as the one I have outlined before acting. Good Luck.
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D. Abben
Re: eviction
Elizabeth- I am sensing the underlying tone of your message may be the promotion of some legal service you may represent. >. What does the "we" mean?? Last time I checked "rmurray" is this boards moderator. If this is a spam attempt there is no place for this on this board. Hopefully, your post was just well intentioned.
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Elizabeth
Re: eviction
TO: D. Abben,
The reason I said "we" is so that I DON'T promote my business. It was simply some free advice. Yes, my company - which is not mentioned in my comment - does specialize in bankruptcy law. However, I do not promote my business on the internet in any manner and I don't even have my own website. So, no I am not promoting spam nor am I advertising.
But since DSTPN, the poster following my comment above, advises that bankruptcy will destroy someone's credit, please allow me to set the record straight - bankruptcy will absolutely not destroy anyone's credit. As I suggested to Daryl, the original poster who stated his problem, he should speak to a local attorney about pursuing a Chapter 13 bankruptcy which will permit him to bring his arrears current - not run away from his bills. Yes, a bankruptcy can stay on one's credit for up to 10 years, but the fact that bills are not being paid can stay on for just as long, and credit repair following discharge can immediately raise a FICO score and even allow a debtor to purchase a home several months after discharge.
So, I am not promoting my business, but rather giving free information regarding a consumer's rights and options. This is the same information I provide in the free seminars I conduct and the classes I teach on financial planning. It is up to the consumer how to use that information. In Daryl's case, he should definitely seek legal advice since any action he takes will have repercussions and he needs to know up front what the consequences of his actions will be.
Regards to all.
The reason I said "we" is so that I DON'T promote my business. It was simply some free advice. Yes, my company - which is not mentioned in my comment - does specialize in bankruptcy law. However, I do not promote my business on the internet in any manner and I don't even have my own website. So, no I am not promoting spam nor am I advertising.
But since DSTPN, the poster following my comment above, advises that bankruptcy will destroy someone's credit, please allow me to set the record straight - bankruptcy will absolutely not destroy anyone's credit. As I suggested to Daryl, the original poster who stated his problem, he should speak to a local attorney about pursuing a Chapter 13 bankruptcy which will permit him to bring his arrears current - not run away from his bills. Yes, a bankruptcy can stay on one's credit for up to 10 years, but the fact that bills are not being paid can stay on for just as long, and credit repair following discharge can immediately raise a FICO score and even allow a debtor to purchase a home several months after discharge.
So, I am not promoting my business, but rather giving free information regarding a consumer's rights and options. This is the same information I provide in the free seminars I conduct and the classes I teach on financial planning. It is up to the consumer how to use that information. In Daryl's case, he should definitely seek legal advice since any action he takes will have repercussions and he needs to know up front what the consequences of his actions will be.
Regards to all.
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Elizabeth
Re: eviction
TO: D. Abben,
The reason I said "we" is so that I DON'T promote my business. It was simply some free advice. Yes, my company - which is not mentioned in my comment - does specialize in bankruptcy law. However, I do not promote my business on the internet in any manner and I don't even have my own website. So, no I am not promoting spam nor am I advertising.
But since DSTPN, the poster following my comment above, advises that bankruptcy will destroy someone's credit, please allow me to set the record straight - bankruptcy will absolutely not destroy anyone's credit. As I suggested to Daryl, the original poster who stated his problem, he should speak to a local attorney about pursuing a Chapter 13 bankruptcy which will permit him to bring his arrears current - not run away from his bills. Yes, a bankruptcy can stay on one's credit for up to 10 years, but the fact that bills are not being paid can stay on for just as long, and credit repair following discharge can immediately raise a FICO score and even allow a debtor to purchase a home several months after discharge.
So, I am not promoting my business, but rather giving free information regarding a consumer's rights and options. This is the same information I provide in the free seminars I conduct and the classes I teach on financial planning. It is up to the consumer how to use that information. In Daryl's case, he should definitely seek legal advice since any action he takes will have repercussions and he needs to know up front what the consequences of his actions will be.
Regards to all.
The reason I said "we" is so that I DON'T promote my business. It was simply some free advice. Yes, my company - which is not mentioned in my comment - does specialize in bankruptcy law. However, I do not promote my business on the internet in any manner and I don't even have my own website. So, no I am not promoting spam nor am I advertising.
But since DSTPN, the poster following my comment above, advises that bankruptcy will destroy someone's credit, please allow me to set the record straight - bankruptcy will absolutely not destroy anyone's credit. As I suggested to Daryl, the original poster who stated his problem, he should speak to a local attorney about pursuing a Chapter 13 bankruptcy which will permit him to bring his arrears current - not run away from his bills. Yes, a bankruptcy can stay on one's credit for up to 10 years, but the fact that bills are not being paid can stay on for just as long, and credit repair following discharge can immediately raise a FICO score and even allow a debtor to purchase a home several months after discharge.
So, I am not promoting my business, but rather giving free information regarding a consumer's rights and options. This is the same information I provide in the free seminars I conduct and the classes I teach on financial planning. It is up to the consumer how to use that information. In Daryl's case, he should definitely seek legal advice since any action he takes will have repercussions and he needs to know up front what the consequences of his actions will be.
Regards to all.
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rmurray
Re: eviction
My only question is why recommend chapter 13 and not 7...In both cases lenders will hurt...but in a 7 the person will be over it in a matter of months instead of years....Of course...legal fees on a 13 are much higher...
Bankruptcy does effect credit...but you are correct over time it will go away.....What really effects credit the most are negative credit issues after a bankruptcy...Those that file..should be VERY careful not to get back into the same boat...Most do..
Bankruptcy does effect credit...but you are correct over time it will go away.....What really effects credit the most are negative credit issues after a bankruptcy...Those that file..should be VERY careful not to get back into the same boat...Most do..
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D. Abben
Re: eviction
Elizabeth- with all due respect I strongly disagree with you. The total time frame to recover from a CH13 BK is on the average 15 years. Usually 5 years to go through the process with everything that was filed on remaining on that persons credit for up tp 10 years past the discharge. People who file are subject to more strigent underwriting and higher interest rates and fees. Not to mention that most people will statiscally still have credit problems after the BK is over which will destroy their credit even further.
Yes, a person can recover but it is not the quick fix that people think it is. I have spoke to many a customer who claim that they felt misled by their attorney when they filed and would not have done so if they had to do over again, especially when they see the money in fees they have given their attorney and could have used that to attempt to settle with their creditors.
Now, there is a time and place for Bankruptcy in extreme situations, but I would agree w/ rmurray that a CH7 is the better route if the need is there due the time period and the fees involved. Under a 13 a lender can tack legal fees onto an account prior to any "cramdowns" in court.
Again, I think your post was well intentioned, however you need not encourage someone to contact you for advice through this forum. I think the original poster has options he can explore prior to filing if he decides that is his best course of action. If he does file I would encourage that he ask questions and research the process before proceeding.
Regards.
Yes, a person can recover but it is not the quick fix that people think it is. I have spoke to many a customer who claim that they felt misled by their attorney when they filed and would not have done so if they had to do over again, especially when they see the money in fees they have given their attorney and could have used that to attempt to settle with their creditors.
Now, there is a time and place for Bankruptcy in extreme situations, but I would agree w/ rmurray that a CH7 is the better route if the need is there due the time period and the fees involved. Under a 13 a lender can tack legal fees onto an account prior to any "cramdowns" in court.
Again, I think your post was well intentioned, however you need not encourage someone to contact you for advice through this forum. I think the original poster has options he can explore prior to filing if he decides that is his best course of action. If he does file I would encourage that he ask questions and research the process before proceeding.
Regards.
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