Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Question: Hi, I sign into a land contract as the vendor 2 years ago. Now the vendee's has filed a Chapter 7 and wants a reaffirmation schedule for a Meeting of creditors on December 21, 2011. The vendee's chapter 13 case was dismiss a few weeks ago and on November 11, 2011 they filed chapter 7.The vendee's owe me money for the taxes that I paid a portion of for 2011. Also, I filed a forfeiture notice in July 2011 for delinquent taxes for 2009 and 2010. The vendee's would not pay until they received the notice and did not contract me until it was the last day in the 11th hour that they had paid the delinquent taxes. In October 2011 the judge dismiss my forfeiture notice because they had paid. During this time I filed a chapter 13 and included this investment property in my bankruptcy. Because I filed bankruptcy the courts said I am responisble for taxes and they need to be current and I paid what I thought was the balance of the 2011 property taxes. I went to the city county building after the judge dismissed my forfeiture case and found that it was still a balance after I paid what I thought was the balance. The vendee's said they were not paying the portion back that I paid and told me to take it up with the city. The vendee's were friends of mine when I enter into this contract that has gone wrong. What can I do to get my property back because I do not want to agree with a reaffirmation agreement. Response: You need to file a Motion for Relief from the Automatic Stay to get permission from the Bankruptcy Court to proceed with the foreclosure of the property. Once your Motion has been granted by the Court, you have to follow the steps for foreclosing of property in Michigan. It is strongly suggested that you retain a local Bankruptcy Attorney to file the Motion for Relief from the Automatic Stay for you and a title company or law firm/real estate litigation attorney that handles foreclosure to handle the foreclosure for you to ensure that the foreclosure is done in accordance of the law. Michigan foreclosure process is governed by Michigan Compiled Laws Sections(NNN) NNN-NNNNto(NNN) NNN-NNNN(NNN) NNN-NNNNto(NNN) NNN-NNNN Power of Sale is the most common method of foreclosure. A notice of foreclosure must be given to the borrower/buyer. If the notice is by publication, it must be published in a local newspaper once per week for four consecutive weeks. If by posting, within fifteen days of the first advertisement. You can use the following sites to find local bankruptcy attorneys and real estate attorneys: http://www.nacba.org
Question: At this time, my income is limited. Are there lawyers that help people with low income? I already went a legal service place in downtown Detroit and they are not accepting new clients. Response: Contact your local bar association--Michigan Bar Lawyer Referral Service. They would be able to refer you to lawyers that can take your case on a reduce fee basis. http://www.michbar.org/programs/lawyerreferral.cfm Also, you can find reduced fee attorneys from the two of the web sites that I gave you earlier: http://www.naca.net
You may also look for reduced fee attorneys at the following sites: http://www.rocketlawyer.com