07-16-2012 02:08 AM
We have an attorney who is handling this for us BUT theres a lovely twist to this fate.....BOA is our mortgage we have been attempting to modify our loan for 3 years now and have as of my birthday been referred over to forecosure (happy birthday right?!) We had hired an attorney to help us get our mod with BOA but he obviously has done nothing that I did not already do! we are loosing our patients as hes just as illusive as BOA is a lot of the time. We basically are doing this to save our home and vechiles (well my car basically). That leads me to my quesiton........
Does anyone have Santander Consumer USA as their loan for their car? How do they handle Bankruptcy 13 specifically. I am now 56 days past due on my car loan due to my unemployment not getting done in time (my husband is working and has worked the same job now for 6 almost 7 years). I am just concerned that they will come pick up my car the minute I tell them we are filing bankruptcy. It is not as if we are trying to skirt paying our bills this will allow us to repay our debts more managably. I am just really nervous about this company. I can never seem to get my balance down with them. I would appreciate any feedback on this issue! Thanks so much!!!!
07-16-2012 09:25 AM
If you file quickly there is an automatic stay granted where they cannot repossess the vehicle if you have decided to reaffirm it with your bankruptcy filing. I was behind close to 60 days when I filed in May, and it looks as if just within the past 2 weeks or so the trustee has made a payment to the lien holder of the vehicle.
That being said, I'm not sure if you and your husband have any savings where returning your vehicle might be an option and buyong a less expensive used one while you're under the bankruptcy.
07-16-2012 04:08 PM - edited 07-16-2012 04:10 PM
no we don't have any savings to spare unfortunately, however this is an excellent car and its reliable along with an extended warranty so that helps while we are in bankruptcy if anything goes wrong with it. I called them today and talked to them and they stated that if we dont get the bankruptcy filed before the end of the month that I could pay $100 to not be behind but only 30 days so that will be more than likely what we do to help keep things going on our end so that we can get the entire attys fees for the filing. Other than that this is our only major must take care of right now account. They havent filed a formal foreclosure yet on us so with that being said I could take till mid next month to file if need be. Thanks for the info and thoughts. I am just very nervous as I finished all my paperwork today except for the account numbers of all my medical debts that had been sold off. I will say I havent been the most diligent in keeping records for that purpose except for everything for Bank of America Home Loans.
If anyone has any tips on how to get through this process sanely please let me know. My husband is truck driver so I am the one filing out all the paperwork for now and gathering all of the "evidence" so to speak. I feel like I have ran a marathon calling all the medical debts and explaining what we are doing. Funny thing is on one of the debts I was told that the Social Security Admin told them I was deceased!
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