I am just PO'd
 

Well, I did it - filed for bankruptcy. My foreclosure was avoided, but I am so mad about this thing. My original mortgage was with Bank of America and they sold the note to a servicer called Caliber Home Loans. These are the people who screwed up my loan. I have been hassling with them since they took over in Jan. I never get a statement, my payments are either not applied or misapplied. They insist I am in arrears when I am not. My only recourse to stop the foreclosure was to file BK.

It is a very emotional thing to go through... I feel like a scum or low life. People are saying "it isn't my fault" or "lots of people file"... cold comfort. My credit will take a huge hit. BK stays on there for 10 years! I will be retired by then!

Oh well... life's a b**ch and then you die right? Sorry for the bummer posting.

I was reading your post and then I re-read it, focusing only selectively....

That second time I saw:

"I did it. My foreclosure was avoided. It isn't my fault. I will be retired!"

:)

Perspective is how we choose to see it.

I'm glad you're not in foreclosure or losing your home or out on the street or drinking.

:grouphug:

Think of it as a fresh start. :)

I am sorry that you are going through this, ArtFriend. I am glad that you can see some 'balance in the scales'.

I am wondering, if during the bankruptcy proceeding, you can 'turn the tables' somewhat by proving to the bankruptcy judge that the service company's errors and omissions caused the financial instability. Do you have your own bankruptcy attorney?

Thanks Leigh. I do have an attorney and he is looking into this for me. Right now we are focused on the BK, but once the Chap 13 plan is approved, we can see about digging into the servicer's records. I may have to sue them for that info. It is a mess. I am amazed how easily this came about. It basically my word against theirs. They are telling me that they are sending statements and letters and I haven't gotten anything. They have my correct address. I think they are hiding something.

You're not a lowlife, it sounds like the business people running Caliber are. Good for you in filing bankruptcy, now they have to answer to a judge if their dealings are dishonest.

Sorry you have to go through this, but like FreeOwl said, there is an upside

AF, do you have proof of payment, either cancelled cheques or money being automatically deducted from your account by that company? If you had proof of payment, I would hope this would end.

I'm sorry you're going through this.

Yes, Anna I do have proof of payment. But, the payments are not being applied to my account. They are going somewhere, but I don't know where.

Sorry this happened, ArtFriend. Like others have said, I'd stick close with this attorney and try and get this whole thing rectified, and hopefully erase this bankruptcy from your records at some point ... especially since you have proofs of payments.

I'm no expert, but you avoided foreclosure and other than your home are debt free, this will(hopefully) allow you to focus on paying off the home, staying debt free, and realizing the benefits of free & clear home ownership, it's huge!

Bankruptcy is not a crime, it is a solution. You are doing all the right things and you will absolutely have a chance to come out the other side of it in a better position than you were before. You are sober too, think of how much more difficult it would be if you were drinking.

Hang in there Art!! :hug:

Artfriend, you will just have to trust me on this. Bankruptcy may be tearing at your personally, but it is not a big deal...at all. And while you may think you're credit is ruined for 10 years, its not. I live in the US too so I can't imagine the laws are vastly different from state to state. I have known so many people that have filed, and came out of it 10 times better for doing it. Having a small business, many of my friends also own businesses and this subject comes up often. And people do it often, both personal and business bankruptcy. There are companies out there that specialize in helping you repair your credit. Just recently had a friend file, he was over a half million in debt, waited 6 months started DBA (doing business as) another company and is doing very well because he is not paying interest on over a half million dollars. Don't lose sleep over it Artfriend, you will be fine.

Keep your chin up, AF. This is not your fault. Let your attny help get to the bottom of it. Just don't let it dent your serenity or sobriety.:grouphug: