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Now the business is being foreclosed on

4K views 36 replies 25 participants last post by  Didi 
#1 ·
Now the business is being foreclosed on by Wachovia, not Bank of Hell. Papers were served Monday. Absolutely no clue it was going to happen. Was supposed to be taken care of if you read my other post on this thread, Bankruptcy and so it begins.

Bank of Hell tried, told the trustee we hadn't made payments for 3 months...attorney called and faxed him the receipts, copies of the checks and bank statements showing cashed. Hopefully that is taken care of. Wouldn't surprise me if it comes back.

Yet another confirmation hearing Nov 12. This makes I think 4, maybe 5.

Wachovia had the Sherrif's Dept serve the papers Monday on the Commercial Loan. They, Wachovia, want to set the Sheriff's sale date already.

This is the same loan I talked about in the other post on this thread. Long story, you would have to read the post. The same one that the Attorney said business and hubby were one and the same and that it was taken care of.

I don't think my phone messages when a problem comes up and I call... I tell the girl and I don't think they are making it to him. I'd hate to think he was ignoring us. Too many times I've heard I'll talk to him or leave him a message and get back to you and then....nothing unless I call back.

I called again Monday night and got the same I'll talk to him...Next day I called back got another one and asked WHEN...WHEN will someone get back....Listen we have 20 days and they are gong to foreclose...this is the only thing we have left and they're taking it...At that point we have no home, no income....WHEN....
SO...We have an appointment with him Friday at 12:45. Amazing, when the day before when I asked for an appointment he was booked for several weeks...Different girl...
We're going to hear him out and very possibly ask if we need another attorney for the business part if it's all separate, meaning hubby IS NOT one and the same as the business. He's not a business bankruptcy attorney.
This may all be beyond him.

We have another attorney who does business and personal...bankruptcy, foreclosures and her partner is also foreclosure and business. Maybe together....
There is also a third attorney who does business law, not connected with the other. We could get another opinion. But again we have 20 days from the 25th ( I think 25th ).

We have done nothing but talk since Monday. Today we came up with maybe discussing a Chapter 11...Business Bankruptcy. Or a reorganization..think same thing. It could possibly stall the foreclosure....don't know...don't know anything...I'm so sick and so is he. I want to puke. Back to can't eat...getting up at 4 or 5 and sitting in the dark thinking.

Without the business we have nothing. No income and none to be had. Trailer isn't finished. Bank of Hell is going to want us out at some point.

Good time to MADE to have insurance huh...957 a month and now uninsurable BUT we have to have it...how do you pull that out of your butt.
 
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#2 ·
I am so sorry you are having to deal with such a mess and people are messing it up even further for you
 
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#3 ·
Niko,

I am so sorry you have to deal with this now on top of everything else you have endured. Sending you blessings and hugs!
 
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#5 ·
I've copied papers ( yet again ) all afternoon. The appointment with the lady attorney is tomorrow at 10. We'll hear her out and if she dosen't bring it up, we might about the chaper 11. See if it's an option.

I don't know if Chapter 11 is a full payback or a reduced payback, meaning you don't pay the full amount like with the chaper 13 that we are doing now on personal. I don't know how much more we can take on if we can do this.

God it's been a long 2 months. A long week.

Again, the trailer isn't finished by a long shot...no insulation, no walls, no flooring except the wood, no bathroom...it's still a shell. If this dosen't work out we will have no money to finish or even partially finish.

He$$,,,,we would have no income to pay the trustee on the repay on the personal...now just how ironic is that.

God I'm sick
 
#6 ·
I am so sorry, Niko. :( I really don't know what to say except I'll be thinking about you. Best of luck.
 
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#7 ·
And I'm sick for you...... breathe, breathe.....
 
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#8 ·
Niko,

Not sure about the trailer situation, but a few have been given away around here lately. Say someone just bought a house and there is also a mobile on property they don't want. Or one need to be moved out of park. I know these would cost to move etc and might not be possible or worth it but thought I would mention . Do people give anything like that where you are at, that might help your temporary situation?
 
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#9 ·
Happy Mama, this is on it's own land...no lot rent. To move another one on..HERE...
1. have to remove old trailer...and get a permit to do so...also pay movers and have to have somewhere to haul to...cost a fortune at the dump...several thousand I'm sure...to tear apart to recycle...have to have a huge permit, be inspected every whip stitch and pay to dump debris.

2. have another one moved on property...and get a permit to do so...

3...BUT first it would have to be inspection and with that an inspection fee....and it would undoubtedly fail...would need to be brought up to code.. ( county is broke,,,.everything is being "inspected"...few pass...even inspecting everyones sewer system...few are passing

4...They would inspect the sewer...better be the right size OR it would have to be dug up and enlarged....AND inspection and fee again.

5,. Cost to move a trailer here is $5 a mile...could be bad or ok.

All in all...here, where we live, you have to have a permit to plant flowers or 2 or 3 ( honest ) veggies...permit is 35 bucks. County is broke and out to fail and fine everything they can. A friend was fined $150 because she planted flowers without a permit....and made to take them up. An old man had 2 tomato plants and 1 pepper plant..

The one there is grandfathered to a large degree...all but the sewer when they find it or us.

It would probably not be that much more to finish the trailer and hide what we've basically done.
 
#13 ·
Lots of positive energy coming your way from a whole bunch of people who care!! Aloha, prayers and hugs from Hawaii too!!
 
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#15 ·
Oh Niko, I am so very sorry! This is the last thing you need. Sending prayers and hugs. :hugz:
 
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#17 ·
OH NOOOO! Niko, what bad luck! I hope the lawyer will be able to help, or one of the other lawyers you mentioned. Keep breathing calmly. Hugs from overseas.
 
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#18 · (Edited)
So sorry all you are going through.(( hugs ))

Have you moved stuff into the trailer yet ? Just in case, they only give you a few days to get out of the house. Happened to my sister in law, when the bank was ready to sell the house.
I wouldn't mention to anyone that you have the trailer.
What about the vehicles that you drive ?

Not sure how social services work in your state, but it maybe a direction you have to look at. They help with housing, fuel costs, food and medical. And if the hubby has no income, it would seem the creditors can't get anything . I am guessing your UE has run out ?

And please get another lawyer's opinion.
 
#19 ·
Lawyers opinions...not only orginal bk lawyer friday but one today. there's another one we can get an appointment with fairly quick. hubby says take them, evaluate what each says and see what each agree on...then that's probably the route to go.

social services...apparently this sucks here..heard ton of horror stories. I could go on and on with these. when this first started, a couple months later, we use a payroll company. he didn't start out on it. when tshtfan we put him on also. he SHOULD get unemployment. I've had several customers say they made to much on UE to get food stamps...275 a week. and one customer had 2 little kids and a wife. One man was turned down because he had been a contractor, hadn't worked in months..sold everything but a ladder...when asked what possessions he had he told them about the ladder...turned down because he was honest about the ladder. I could go on and on.

Yes, mine has ran out. Ran out about 2 or 3 weeks ago.

Hubby has VA, which does not or will not qualify as insurance legally. But it's also more than 2 hours away but can deal with that.
Gas is hard to go tho.
That leaves me and her.

How long did your sister in law have to move and at what point? No there's nothing in the trailer. It's still a shell, small and still needs room to work if we can get back to it. We're going to sell a bunch of furniture etc at a consignment store that does this stuff. Keeping fingers crossed that it does well. She said this was a good time because Northerners were coming back. But they aren't coming back like before.

No, only ones that know about the trailer are friends

It's 6:44 and have to start getting ready to go copy some more papers to take today. I'm still at the point I could throw up. I don't know if business bankruptcy works the same basically as personal. In personal you could file with minimal paper copying with 14 days after filing to complete everything needed to turn in. I know we'd have to depend on the accountant to do some speedy work with various things. Up to date quarterlys, profit and loss, etc.
We'll see.

If this dosen't work, we'll have to go back in and redo the personal I assume to a chapter 7, complete personal. Which means the business property which we're paying on would have to be included cause we couldn't pay it anymore....and the work truck which is about paid off...maybe 5 or 6 months from being paid for.
 
#20 ·
I dont even have words so sorry Niko keep your chin up I will pray for all of you
 
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#23 ·
OH, No, my heart is breaking for you.I am so sorry you are going through all of this. I have read your posts and I know the past few months have been horrible for you and your DH. Please know that I am saying a special prayer for you and him and I hope with all my heart that things work out for you. As you can tell there are a lot of people on here who care about you. I agree, try and take care of yourself both mentally and physically.
Blessings and hugs to both of you.
 
#25 ·
Well, returned from todays attorney. Turns out business/and or business bankruptcy is NOT her thing. Boils down to talk to our bankruptcy attorney. Did have some conversation with "from what I know" etc type talk. She did say if it came to it she COULD do the letter holding off reposession for maybe say a month. She also said she could possibly with the help of the partner who does business, maybe get Wachovia/Wells Fargo to reinstate the loan. Now whether they would do that without us going back into $125,000 debt personally as co signers was anyones guess.


She says to her knowledge business and personal is separate any way you cut it. NOT her exact words of course but same. Unless our bk attorney knows/found something that would make it otherwise. In other words DBA is not one and the same as far as she knows.

Even with the possibility of Wachovia doing that and letting us off the hook personally ( which they won't do ) there now comes the credit cards that were in primary of the business. So in total that comes to about $165,000 without any garbage late, interest rates jacked up etc.

Her advice was to talk to him tomorrow and let her know if we want her to stall/reinstate.

I don't know. Still sick at my stomach.
 
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#26 ·
Well his sister in the late summer of 2009 told the bank she could not make payments and to take it back. At same time, she gave up her car to the people who held the loan. She was getting UE at the time, but just could not keep up with everything. She lived alone.
The bank told her she had to stay in the house till they could sell it, and to keep heat in it, so the pipes would not freeze. She put a lot of her stuff in a storage unit. Had a garage sale, etc.
One day this spring 2010, a man showed up on the doorstep.
He had orders from the bank to change the locks. It was going up to auction like in a week. The bank gave her 3 days to get out.
Good thing she was home that day. She might have had a real pickle of getting the balance of her stuff out. No paperwork or phone call from the bank.
 
#27 ·
Well his sister in the late summer of 2009 told the bank she could not make payments and to take it back. At same time, she gave up her car to the people who held the loan. She was getting UE at the time, but just could not keep up with everything. She lived alone.
The bank told her she had to stay in the house till they could sell it, and to keep heat in it, so the pipes would not freeze. She put a lot of her stuff in a storage unit. Had a garage sale, etc.
One day this spring 2010, a man showed up on the doorstep.
He had orders from the bank to change the locks. It was going up to auction like in a week. The bank gave her 3 days to get out.
Good thing she was home that day. She might have had a real pickle of getting the balance of her stuff out. No paperwork or phone call from the bank.
Lady, what bank?
 
#28 ·
I'm sorry, I don't know the name of the bank. And no I can't ask. She finally is able to draw SS now, so she was able to get into a senior like apartment place. She had to come home and live with mom and dad for a few months this year untill she got the first SS payment. Now that was stressfull.
 
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