i have to ammend all my schedules for a Chapter 7
and am pro se. I will be doing an adversary hearing/complaint if the Trustee
doesnt do it first (I heard he has first dibs). I will be suing the lender.
However, it says to put in Scheule A an entity that claims to have a lien or hold a secured interest in any property, and state the amount of the claim.
I have 2 houses.
House 1: has a recorded Corporate Assignment Deed of Trust at the County, does that make it secured? I can list it as secured, however I believe and have proof it is unsecured. Since I will be doing a complaint and listing it on Schedule B under other, should I initially list it as secured?
As I said, I believe it is unsecured, but it is recorded.
For House 2: the First Mortgage current lender/servicer never recorded an assignment, but I have a mortgage of $245,000.00 with them. They were assigned my loan by a company that has filed BK in 2006, and the current servicer does not have an assignment or endorsed assignment. I quit paying them a month before i filed for BK because I thought they have no proof. But they told me they dont have the original note, but they have a copy and of the deed of trust that i signed with the BK lender and that is good enough. They said they shredded the original Promissary Note because it "is dangerous if they dont shred it and it gets in the wrong hands."
And then...for HOUSE 2, I do have a HELOC that was recorded as well as an assignment of rents
. I was only going to put the HELOC as secured since it is recorded at the county.
How do I put them in my schedules? If I list House 1 as secured can I still sue them as being unsecured? and I plan on doing a complaint for Fraud as well. Thank-you, I hope this makes sense