Back in January, I wrote this post to share our story. It is now almost May, so where are we in this drawn out process?
In March, we went back to the lawyer that we spoke with the day the constable knocked on the door. We used part of our tax return to pay her firm and immediately that day, she filed the motion for substitution of representation. And two days later, we got copies in the mail of the motion. I was shocked. With our old lawyers, they moved the speed of a snail. So, after the motion was filed, our old ones had the opportunity to sign an agreed order to sign everything over to the new lawyers without having to go to court on April 13. SURPRISE SURPRISE old ones never called new ones back.
See my shocked face? Yup.
It all would’ve been so easy for the old ones and spare them going to court. I mean seriously? They already have all their money for “representing” us! So, what’s a signature versus going to court!?
I digress.
April 13 came and went. The order was finally signed by the judge. And we are completely through with the old lawyers. Now, we’ve updated all our schedules (fancy word for detailed paperwork of all our medical debt and income and budget) and the motion was filed to convert our Chapter 13 bankruptcy to a Chapter 7. We decided to go with a conversion to cover ourselves in case there is some loop hole that someone can come back and claim money owed regarding our old house. In my research, I learned that Texas is a “non-recourse” state. Which is fancy word-talk for saying if you lose your house due to foreclosure, the bank cannot come back after you if the house re-sells for what was left on the loan.
So the motion has been filed, which means David’s HR department should receive notice soon to stop the trustee payment wage garnishment. (THANK GOD ALMIGHTY!) So, soon, we will be basically debt free except for a car payment.
And remember back in the other post how I mentioned the car was repo’d? Well, it happened again because the bank didn’t let their lawyers know that the car had been repo’d already and then refinanced and that payments were being made directly. According to their lawyers, they were supposed to be getting payments from the trustee payments, which was never the correct agreement from the beginning because the old lawyers never fixed the paperwork. So, David comes home one Monday morning beginning of this month, thinking I took the boys to school, comes in the house, see us still in the house, and asks the dreaded question, “Where’s the car!?”
I started calling my rep at the bank and left a couple very VERY nasty messages. Finally got a hold of him and first words out of my mouth, “Where’s our car?!!!!?”
He responds, “Do we have your vehicle?”
I respond, “I hope you do because if not, I need to call the cops.”
Long story short, they “accidentally repossessed” our car. We got it back free of charge (darn skippy).
This whole ordeal has been seriously one nightmare after another. We can finally see the light at the end of the tunnel and we can touch the light, but cannot yet grasp it. It’s almost over though.
We are still loving our new home and are completely thankful that our landlord is attentive to our needs. We’ve had some issues with the AC, but I think those are finally fixed!!! (After receiving a $550 electric bill, we panicked! Turns out AC and the heat pump were running at the same time!!! And then there was a valve that went out and then compressor… I think we’re good now!) And it was a blessing we didn’t have to pay for those repairs!!!!!
Kids are doing well in their new school and I’ve been fairly happy with their teachers.
It’s been a process, a very long process, but I’m finally almost done with my craft corner so I can get back to making hair bows and flowers and maybe start doing more pillowcase dresses.
An old diaper box that I covered with scrapbook paper with spray adhesive and ModgePodge! I keep it next to my bed to hold my magazines!!!
Couple of my bows. Purple flower was sold to my boss, she wears it at the restaurant!
First pillowcase dress I made. It’s SOOOO cute on Kimmi but she wasn’t thrilled to be my model!
So, we’ve been keeping busy. Gone to the lake with family a couple times, gone to the zoo with Joey’s kindergarten class, been to doctor’s visits and ER visit (first Joey’s foot got infected from being impaled by a stick at the lake, then ER trip with Kimber when she couldn’t go two hours without breathing treatments). All is well and everyone is healthy now.
I’ll hopefully have a picture heavy post soon, I’ve got some great shots!!
Love to all. Be safe!
Be patient. I have a feeling that when all is said and done, you are going to come out on top. What happened to you and your family was criminal!
ReplyDeleteomg. this is a horrible story! I cannot believe that happened to you. I can't believe this is allowed to happen! I am so sorry to hear all of this!
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