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Old 08-11-2010, 10:09 AM
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Default legal advice about foreclosure?

Ok, so our house is being foreclosed on because we have missed payments because my husband works off of commission and at the time work was very slow. It has since picked back up, and we are now able to make the payments on the house (rent to own). However we felt that it was too late so we filed for bankruptcy the attorney told us that in order to catch us up on house payments we would make payments to him in a smaller amount around $350. This would cover vehicle payments, house, laptop, loans, and medical bills that we have since gotten behind on, except for light and water. However the bank that is trying to foreclose on us claims they had been sending 30 day notices for us to be out of the house by a certain date. Well it turns out they were sending notices to our neighbors instead of us so we never received a notice of eviction until 3 days before a court appearance my husband vs. the bank. Today was the court date and the bank was a no show for it. Our attorney says that if we can get our neighbor to testify saying that he received the eviction notices rather than us that we might be able to get the bank for wrongful foreclosure. Will that even be enough to keep our home? Will we loose our home even though we have filed for bankruptcy? Also the attorney said that my husbands credit will become a lot higher too after the bankruptcy is filed is this true? I want to understand more about what is happening. Also one more question if we do loose our home, will we be able to get into another home maybe one that just rents?
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