My Case # XXXXX XXXXX I understand the exemtions for my wife and I are applicable in most cases, but this one is peculiar. My attorney has done many cases and never seen this. The Mortgage was not Notarized properly, and because of this, the Trustee has taken it. With this being said, is this still the case? Will I receive these funds. My attorney is starting to backpeddle from his earlier claim that we would receive this money, and is now saying he is not sure. Something regarding the banks and their right to equity. I guess I dont understand how it can be both ways. Either the bank has the right to the property and not the Trustee, or vice versa. But to say the trustee gets the property and then the bank receives my exemtions as "Right to Equity" is having it both ways. I have also done some investigating, from my previous question to you. I have time to respond to the motion, suggesting I vacate the property. I assume this will buy me more time. Thanks soooo much for your attention. We are both flipping out about this, No money and no time! Ugh....
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).