Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for the post.
I have a few questions - -
1. What happened with the first unlawful detainer?
2. What is your adversary case about?
Do I get another answer or do I have to pay more? I thought I get to ask as many questions as I need?
The eviction came after the BK7 and was the based on the unlawful detainer from the BK 13 from October. The adversary is the lawsuit claiming we are sueing for securities fruad, harasment and elder abuse. But the adversary is over because they did not respond to the summons. we then entered in a Notice of defualt. the next step would be a quiet title process recovering the title of the home. i dont understand why I got evicted and how the were able to obtain legal possesion when my FEDERAL Case is in motion. I thought that since we are in federal court a stay would superceed the local level. Also isnt a motion of defualt act as a BK chapter. And lastly the title of the property is clouded. so many things the new bank who bought the property cant sell because of the clouded title right?
Their were two evictions one was no good do to the Ch 7 that was filed. The second eviction was followed through after the ch 7 was over and the motion of default was entered. because i didnt enter in another ch then I have no chance or do you think i can still appeal the detainer?
is the detainer/ eviction the same. Because the eviction was on thusday last week but the detainer was from october. it doesnt seem right that i dont have any rights as of now considering ive been taking all proper and legal channels.I mean if I would of known that the unlawful detainer didnt need to be renewed then I would of entered a nmew BK. This is my home I was born and raised in and I have to keep it. Its been in the family for 35 years
I appriciate your advice. Infact the network of people I am useing are writing that up as we speek. The term judgment is something I heard along with 35 pages of something. Do you think I can take my case to the local court house here and ask to speak with a judge and present my case to get a stay till this is ironed out? and if I could negotiate a settlement price ofthe home in our judgement, like ad their listing price into the law suite? I think im a little un clear about the release of judgement too
But there are two companies in this the original loan is from american home, and the new owner of the title is Duetche bank who evicted us. so if I understand you correctly your telling me that if I realese the judgment agains american home then deutche bank will Back off? Sorry if im not getting it I am a window cleaner not an attorney
Ok now that sounds promising and seems to be inline with whats going on. Last week the house was on auctions.com and we had to jump through hoops and fire rings to get them to stop it. what the banks are doing to the general public is criminal! I cant let them make me another statistic. But this sounds promising! Thank you so much for your time sir, I am very greatful of your knowledge.
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