Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
How long ago did you file for bankruptcy protection? The first lien-holder is not asserting an interest on your property? Do you wish to remain in the home or sell it?
I look forward to assisting you as soon as I have received this information. Thank you.
Hi Tina, thank you for your assistance.
I filed my chapter 7 on May 10 2013, I received a letter from the Trustee in the case has filed a "Report of No Distribution, "stating, there are no funds available from the estate for distribution to creditors. Last Day to file an objection: 5/11/2013. We are not sure what the first lien holder is doing. Please follow me on this. I only have a first lien holder on my home but my first have said they are second lien holder and another bank is first lien holder on my home. However, the fact of the matter is according to the title company and the court county recording office there are no lien mortgage companies on my property or liens at all. It does not even show the last 2 mortgage companies that was listed on my property. If we can remain in the home without any repercussions we would love to stay in our home. However, we did receive a letter from the bank asking for a certain amount of dollars but we thought it strange because they were not asking for the full house amount.
I am going to opt out of your question and open this up for other professionals to get their opinion, preferably with real estate law and bankruptcy law experience. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features. There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else. My apologies for any inconvenience and Good Luck.
Question, because the original mortgage company never filed with the Court County Recorders Office nor the Title Company and has been shut down by the Federal Housing Administration’s, and now taken over by another bank. Since the bank said they could not do my modification because they where 2nd lien position and another bank listed as 1st lien position which clearly does not exist. I have this note on file with NACA. The Title company has told me the Deed of Trust shows re-conveyance to husband and wife only no mortgage liens and that because the mortgage company did not file that they would not be able to produce the original Deed of Trust. Can the bank still try to liquidate by the trustee to satisfy the unsecured creditors, one of whom is the bank. Can they try and foreclose my home? If I sell the home I do I sell the home with the bank showing me owing on the home?
We listed the property as unsecured debit, based on the information the mortgage company had given us and NACA, stating they were listed as 2nd position and another company as 1st position. However, our Declared Homestead pretty much covers what equity is in the home and the Trustee was made aware of this matter and given a copy of the Homestead Declaration at the proceedings of the Chapter 7. I was also told because the Trustee would have a big interest in this case if there was a matter of value of the property because there is a certain percentage that the Trustee would have an interest in the sell of the property. But if not then it would probably come down to setting a date for the creditors file an objection. So,I where do I purchase a new title insurance policy? I am pretty safe here? What happens when the property value begins to go up in the future?
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