After losing our family business, we were forced to file ch. 7 bankruptcy. Our main goal at that time was to save our home. Thinking we had reaffirmed the debt to Wachovia, we continued to struggle to make the sub-prime interest payment. After months of giving them money, despite foreclosure notices from an attorney, multiple phone calls with Wachovia, we borrowed approx. $15,000 from our family to save our home.
Just after having given Wachovia $15,000 they exercised their option and increased our monthly mortgage payment from $1,500 to $3,500 all the while knowing we could not pay and that the debt was included in bankruptcy. After going through this nightmare, we found out the attorney that handled the BR did not reaffirm the debt to Wachovia.
WHY would we put our family in the position of borrowing some $15,000 from them when we could have walked away free and clear? WHY would we go out on that limb when we had just lost our business and our jobs. I'll tell you... We thought we had reaffirmed the debt and would be responsible for the balance.
Not once did a representative from Wachovia mention the BR, not once did the Substitute Trustee's office set out our options, not once did the attorney advise us we could walk away free and clear. There is a tremendous amount of responsibility that can be shared but it does not circumvent the fact that Wachovia took our (borrowed) money knowing we were in BR, knowing they were going to increase the note, knowing that they had already started foreclosure proceedings.
What they did was tantamount to theft. We are willing to take any and all legal remedies available to us to recoup our losses. If anyone is interest in participating in such a lawsuit, please contact us immediately. This type of mortgage lending and mortgage theft must be stopped.
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