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 TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9933
Experience:  JD, MBA
9373668
Type Your Bankruptcy Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

I filed bankruptcy chapter 7, Oct 31, 2005. The letter from

Customer Question

I filed bankruptcy chapter 7, Oct 31, 2005. The letter from the county stating that the mortgage has been paid off, per Wells Fargo stating that the $82,000 home equity line had been paid off through bankruptcy, as stated on Credit Bureau. Then they tried to get me to sign a new Deed Of Trust? I never replied to these request that were getting intimidating this was about Oct 2009. My question is that Wells Fargo back in Nov-Dec 2005 sent me notices of the payment that had been missed, but it "was not a bill" as stated on the top of the notice. Then about February 2006 I started getting regular bills again. So, I have been paying this loan for 5 years, Aug 2009, I want my payment money back, plus interest, and damages. They never had a deed of trust and they new this back in 2005.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 4 years ago.
I'm Francine, a Moderator for JustAnswer.

Thanks for your question! I'm sorry that you haven't received an answer yet. The response rate on JustAnswer is usually over 95%, but sometimes questions go un-answered when, for example:

1. The question may be unclear.
2. The question seems to request an answer for something that cannot be explained adequately online.
3. The Experts that are online are simply unable to answer your question.
4. The question price you selected is low for the complexity of the question.

If you would still like to receive an answer from an Expert, just let me know, and I will do my best to assist you by finding an Expert to help you. If you would like to raise the price value for your question, I can help you with that too.

Best,

Fran
Moderator
Expert:  Fran-mod replied 4 years ago.

Hello,

I have received your message and increased the value of this question to $20 per your request. I will notify our experts of that and hopefully one will be with you shortly.

 

If you do wish to communicate with me or with an expert, you can do so right on this thread by clicking on the Reply button rather than post a duplicate question or post a customer service request on the Expert boards. I have closed your other threads so that Experts won't be confused as to whether or not you're being helped.

 

If an Expert responds to your post you'll receive an email, so you don't have to sit and stare at the computer.

 

Best,

 

Fran

 

Moderator

Expert:  TJ, Esq. replied 4 years ago.

Hello and thank you for allowing me the opportunity to assist you.

You haven’t given quite enough information for me to be sure, but it sounds like a “ride-through.” If so, then you would still need to make your payments if you want to remain in your house. Here’s how it works:

Bankruptcy can eliminate debts, but it does not generally eliminate consensual liens. Therefore, even if your mortgage was discharged and thus was no longer owed, the lender's lien remained and it had the right to foreclose on your house if you discontinued making payments. Since you continued paying, the lender did not foreclose. If you do stop paying, then the lender may foreclose. You would not be personally liable for the unpaid balance of the mortgage since it was discharged, but the house can be taken and sold.

If that’s what happened in your case, then the lender has not done anything illegal, and you would not be entitled to a refund, interest, or damages. If you do not believe that’s what happened in your case, then please let me know why and I’ll try to further work through this issue with you.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 4 years ago.

 

 

Sir,

 

The problem with your answer is that the mortage company never had a Deed of Trust or any other lien on my property. They tried to get me to sign a new one for a replacement of one that they never had. They tried to cover there butt. When they couldn't get me to sign, the bankrupcty department at the mortgage company sent me a release of the deed of trust and released the $82,000 paid in full.

 

So they new for 5 years that they had no deed of trust. Thus they had an unsecured mortgage.

 

Linda

Customer: replied 4 years ago.
yes, I need an answer to the facts that I just stated.
Expert:  TJ, Esq. replied 4 years ago.
Hi again. There was NEVER a deed of trust? It was unsecured? And the debt was discharged? Then you had no reason to pay the lender, since foreclosure was not possible.

I'll point out, however, that a debtor may voluntarily repay a debt that was discharged in bankruptcy. Having said that, there may be an issue if the lender attempted to collect on the discharged debt by sending you the bills. The discharge acts as a permanent injunction against the collection of a discharged debt. You may have a case against the lender. I suggest that you consult with a local bankruptcy attorney so that he can review your bankruptcy, the bills, and any other facts in detail. Good luck!

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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.
 
 
 

Related Bankruptcy Law Questions

Chat Now With A Bankruptcy Lawyer
TJ, Esq.
TJ, Esq.
Bankruptcy Lawyer
9933 Satisfied Customers
JD, MBA