How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask dkennedy Your Own Question

dkennedy
dkennedy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5999
Experience:  15+ years experience
5930486
Type Your Bankruptcy Law Question Here...
dkennedy is online now
A new question is answered every 9 seconds

I am facing foreclosure on my home. The property has been in

Resolved Question:

I am facing foreclosure on my home. The property has been in probate case 05-PR 21, in Rio Blanco County for the past 5 years, 2004 to Feb 2009, when the protected person died. We were under 2 conseveratorships in that amount of time. The 1st conseverator purchased the private lenders promissary and deed of trust, months before becoming conseverator,placing it in his name on record.
The note was never adressed in his conseverator accounting as an assett or libability.
Arrive new conseverator, who does not list the libability in his accounting, until the final accounting has been filed.
Is it possible to object to the notice of Rule 120 application and hearing with documentation of past history and have it ordered to be returned to the probae for a final decision
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dkennedy replied 5 years ago.

Hello b_tucker,

 

I would like to help you with this, but I need a little more information.

 

You are in Colorado, I assume?

 

You said your house is in foreclosure. Who is supposed to be making the payments?

Is the original conservator (the note holder) now trying to foreclose and take the house?

Is it being sold at a sheriff or other sale?

 

When is the sale scheduled to happen?

Customer: replied 5 years ago.

The note was held by a private lender the person we purchased the home from. We paid $340,000 down leaving a balance of $160,0000, and a balloon payment of Sept 1 2005 1 year. We had a contract on other real estate we were selling and were confident would could meet the ballon payment. The property did not cose until December of 2005 leaving us a few month short of the due date. We had made arrangenmets with the local bank for a real estate loan paying of the orgional lender.

We have the documents where we offered to trade property titles or sell the property and pay him off. He refuse all avenues we or our attorneys suggested. There were 4 attorneys and two conseverators involved and nohing was ever settled.

The $160,000 is now $288,000 with added intres of 12%.

Yes the first consevewrator is the note holder.

He transfered title to his daughter 6 weeks after his father died.

She was a ;petetioner for her father to become consevrator.

My attorney treansfered a $55,000 judgement to the daughter at the same time.

 

Not one penny was paid on the note sense the pruchase of September 1.

 

Yes he is asking for a public trustees sale.

Expert:  dkennedy replied 5 years ago.

Hello again,

 

I don't think that filing an objection to a Rule 120 is the answer here. That needs to be filed 5 days before the sale and it is just a protest, of sorts to the sale. Although I have limited information, it seems that the probate matter has been severely mishandled, possibly criminally. First of all, the initial conservator had and has a conflict of interest and should not have anything to do with this property. But, more than this, the subsequent conservator has obviously also mishandled the estate.

 

I think you need to immediately have the ongoing processes stayed and file a Motion for a substitute Conservator and for an Inquiry as to the handling of this estate. You should get an attorney for this. You cannot afford to lose this house. It is being taken away from you. I know you are trying to handle this yourself, but you should have an attorney to have this entire matter looked at by the court.

 

Good luck to you.

dkennedy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5999
Experience: 15+ years experience
dkennedy and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.