I have a BK that was discharged 2 weeks ago. My home (judicial-has a MSJ decree) and my income rental condo( is non-judicial was scheduled for auction) where both in foreclosure when I filed BK. they were both underwater , each by at least 100K I also had a counterclaim for 3.3 million against the bank that held the mortgage on my home. I filed an appeal on the judgment on my home.
The stay from BK on my home is lifted and they will publish auction dates soon. The condo stay will probably lift on the 20th. I had planned to convert it to judicial foreclosure ( which most foreclosures are doing here in Hawaii because of new laws) . I was going to do that to delay the foreclosure just to protect my vacation rental reservations which I have through March 15.
I learned yesterday that the trustee
will not take over the counterclaim as I had requested because he can not find an attorney who will take on the powerful bank or the largest law firm in Hawaii.( It really is a small place.) He said he is going to “abandon the properties.”
1. Will Trustee abandonment leave me responsible for the deficiencies on the properties if they are auctioned for less than mortgage balance?( I began to get concerned about this because the judge pointed out, when I refused to have open houses that the property will sell for less. I did the BK because of the deficiencies and I was told the deficiencies would be discharged)
2. Will trustee abandonment mean that any future plaintiff attorney fees in the property cases will have to be paid by me if I loose?
3. How about current attorney fees so far?
ODD EVENTS –
I asked the trustee but he said he didn’t know.
I know something is going on that the plaintiff attorney and the judge and attorneys knew about.
4 weeks ago the attorney for bank on condo withdrew his opposition to lifting the stay and told me he needed time to present an answer to my opposition to lift the stay on that property. He has not sent anything
The Homeowner association also withdrew their request to lift the stay on the condo- telling me some rule had changed and they could no longer sue for foreclosure on the condo.
Last odd thing- the attorneys for the banks on both properties have been sending certificates of service to each other ( and even my old attorney) even though the cases are unrelated.
What is going on?? What can I do to protect myself? I do not have n attorney representing me.