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mxmom7804 · Oct 16, 2007, 07:21 AM

Me and My husband are currently in a chapter 13 and are going to be converting to a Chapter 7 this Thursday. I spoke with my lawyer last week when I made the appointment about giving up our mobile home, because we do not want to deal with GreenTree anymore. She informed me that I could start calling. I called Greentree on 10/08/07 and told them that I wanted to surrender the home and how long would the process take of repo it because the mobile home is on my in laws property and they want it off within 30 days due to them having another mobile home moved in. The rep told me that it takes 45-60 days to process everything and that was not a reasonable amount of time. I received a letter a couple days ago wanting to make a deal of us paying so much and the account would be in good standing. I called them back once again and told them I did not want to make a deal I needed the mobile home moved. She told me that the letter was valid until 15 days and they could not do anything until the 15 days were up. I told the rep on the phone that my Father in law will be charging them lot rent after the 30 days if it was not moved and she stated that they would deal with that later right now it was between us. In short how can I get the ball rolling so they will quit stalling and just come and get the mobile home?

ScottGem · Oct 16, 2007, 07:25 AM

Doesn't sound like you can. You do realize that when they repo the home, it doesn't change the fact that you still owe for the loan. If they sell the home you will still owe any difference between what they get and the loan blanace.

mxmom7804 · Oct 16, 2007, 08:09 AM

Originally Posted by ScottGem

Doesn't sound like you can. You do realize that when they repo the home, it doesn't change the fact that you still owe for the loan. If they sell the home you will still owe any difference between what they get and the loan blanace.

Even if we are filing chapter 7, will that not be included in with that?

ScottGem · Oct 16, 2007, 08:12 AM

Then why bother repo? If the debt is discharged why doyou need to give it back?

mxmom7804 · Oct 16, 2007, 08:20 AM

The way the Lawyer explained Chapter 7 to me is that by filing it would clear all debt and that would stay on my credit report for 10 years. We can opt to keep property but it would be between us and the lenders to come up with new payments and agreements. So If I chose to keep my mobile home I would still have a monthly payment with Greentree and I want completely out from under them. I have been dealing with them for 7 years now and I have had enough, but I thought the way the lawyer explained everything about converting that by giving up the property it also gives up the debt. I will make sure before we sign anything on Thursday!

ScottGem · Oct 16, 2007, 08:24 AM

That doesn't make sense to me. A bankruptcy discharges your debts. It does make sense that keeping the home may take it outside the bankruptcy, but giving it back wouldn't, of itself, discharge the debt. Greentree would have to sell the home and then inform you of the remaining debt, which could then be discharged. But not if you have already filed.

Your attorney knows more than me about this, but I would have him explain it in detail.

mxmom7804 · Oct 16, 2007, 08:27 AM

Ok I will do that. Thanks for the advice.