Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
It is quite the story you have, I'm sorry to hear how it transpired.
Since the debt was discharged in the bankruptcy case, the lender does have the right to foreclose.
The lender does not need to notify the bankruptcy lawyer of the foreclosure after the discharge.
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.
That is sufficient notice in most cases.
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.
You would have to show that the service was not proper, and the lender will provide evidence of that service.
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.
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.
Do you have any other bankruptcy questions? I
Sorry, I don't have a more positive answer for you, sounds like you've been thru a bunch
are you there?
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?
do you know for certain that they have actually filed a foreclosure?
are you still living in the property?
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.
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.
thank you for your help
I wish you good luck. Thanks for your question
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).