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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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In 2007 I became ill and had to file bankruptcy in 2008. My

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In 2007 I became ill and had to file bankruptcy in 2008. My mortgage company began foreclosure proceedings, but the house was included in the bankruptcy. The lender closed my account in 2008. The bankruptcy was discharged in 2009. The lender told me they could modify the house, so for 3 years I had to apply for a modification, was turned down saying I was not eligible for the program, re-applied for another program, was turned down again and again. The account had been closed in 2008, so there was no activity being shown that I was making payments during these modification trial periods. Anyway, after three years I asked about other options since my money was being wasted. I was told about the short sale option. I did everything I was told: got a real estate agent, filled out paperwork, had an offer. I was all set to move into another house. Unfortunately, I received a panic call from my agent telling me the lender refused the offer and denied the short sale all together. To top it off, they put me in an immediate foreclosure without notifying me or my bankruptcy attorney. I never had an option to go to court, file chapter 13, ask for a deed in lieu of foreclosure, nothing. To top things off, I was unable to purchase the other home because now I have a foreclosure on my record. Is there anything I can do since my rights were violated?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

It is quite the story you have, I'm sorry to hear how it transpired.

Terry L. :

Since the debt was discharged in the bankruptcy case, the lender does have the right to foreclose.

Terry L. :

The lender does not need to notify the bankruptcy lawyer of the foreclosure after the discharge.

Terry L. :

The lender would have to provide notice of the foreclosure suit according to Connecticut law. Usually, they mail the notice of the summons to the property address and place an add in the paper.

Terry L. :

That is sufficient notice in most cases.

Terry L. :

If you were not served, you can file a motion to vacate for lack of service, but it wouldn't do much ultimately, except buy you a little time if you are successful.

Terry L. :

You would have to show that the service was not proper, and the lender will provide evidence of that service.

Terry L. :

The lender is not required to accept any short sales either. I guess they felt the offer too low, and believed they would get more return if they foreclosed and resold later.

Terry L. :

You would have until the foreclosure sale to file a chapter 13 to stop the process, so talk to your lawyer to see if there is still time.

Terry L. :

Do you have any other bankruptcy questions? I

Terry L. :

Sorry, I don't have a more positive answer for you, sounds like you've been thru a bunch

Terry L. :

are you there?

Customer:

I was never served nor was there anything in the paper. Once the account was closed, I never received any documents from the lender. The credit report shows "foreclosure proceeding started" in 2008, but nothing after that. I honestly feel as though my rights were violated and I can't believe that it took 3 years to finalize the foreclosure without notifiying me and yet I have no rights?

Terry L. :

do you know for certain that they have actually filed a foreclosure?

Terry L. :

are you still living in the property?

Customer:

The certificate of foreclosure was dated January 14, 2011. I just received a letter from the real estate agent that was hired to sell the property, but I never received the eviction. The agent said that the lender waiting until the winter had ended to sell the house. Although that seemed generous on their part, the upswing was that I was paying for heating so the pipes didn't bust from the fridget weather.

Terry L. :

yeah. You can file a motion to vacate the sale order if you were not served. It will cost you the filing fee, the time for the hearing, and the lawyer to do it. At best, XXXXX XXXXX make the lender redo the suit, so it could buy you a few months. The lender may be willing to do a cash for keys, where they will give you a check and you had it over in broom clean condition by a certain date. This saves them the cost of the eviction.

Customer:

thank you for your help

Terry L. :

I wish you good luck. Thanks for your question

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2517
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you

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