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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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I was disharged from BK7 including debts from my foreclosed

Customer Question

I was disharged from BK7 including debts from my foreclosed home. 4 months later I got a rescission of trustees deed thru inadvertance and oversight, getting the foreclosure of my home reversed.They won't tell me why,QWR and debt validation letter's have got me nowhere.
My credit report shows $0 debt real estate or otherwise.There was an unrecorded assignment of deed of trust from previous lender that went bust 3 years ago. Can the acquiring lender(foreclosed 1st time) foreclose again?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Yes as most likely there was some procedural or technical problem with the first foreclosure action. Regardless, the lender or subsequent lender still has a secured interest and can instate foreclosure proceedings again. Also, do not be mislead by your credit report as what was reported was inaccurate. Sorry to tell it straight but I trust you appreciate knowing where you stand.

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Customer: replied 5 years ago.
Without a valid deed of trust or note at the time of discharge, how can they give it back without reaffirmation of debt during bankruptcy? I was being evaluated and paying on a forbearance plan at the time of the foreclosure (dual tracked). is there any negotiation chances to eliminate some the arrearages?
Expert:  dylatess replied 5 years ago.
You could now file a Chapter 13 Bk to address the arrearages and that may make a lot of sense. As to the deed, a secured creditor on a home does not need to have a reaffimration agreement approved by the court. but do consult with a Bk attorney. I wish you well.

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