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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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I bankrupt on my property back in 2009 everything was discharged

Customer Question

I bankrupt on my property back in 2009 everything was discharged I went for a mortgage and was Pre approved for $74,000. Last week. The house I used to live in is vacant and not occupied. Then my preapproved bank cancel my application because my name is XXXXX XXXXX deed. They said once u get your name off deed I can't get a mortgage for 3 years. I live in New Jersey again everything was discharged in 2009. Please help
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 1 year ago.
I am a bankruptcy attorney and I would be happy to assist you. Unfortunately this situation occurs quite frequently. It should comfort you to know that you no longer owe the mortgage(s) on the property you once had, since you filed bankruptcy. However, since the banks have been backlogged with foreclosures they have not been in a rush to transfer the property out of old owner's names to them. What happens when they wait is that person still on the deed may become liable for the property taxes on the property. So directly after bankruptcy, I always recommend that the owners continue to call the mortgage companies to get their names off the deed. In your situation, you should call the bank who was supposed to take over the house and ask that it be transferred out of your name immediately. If they refuse, you should call your bankruptcy attorney or law firm for assistance in the transfer. Offer to come into their office to sign any documents necessary in order to avoid a lengthy foreclosure, which could take many more months. Lastly, you should call the county assessor's office where the old property is to see if the bank has paid the taxes on the property. Hopefully they have paid the taxes, because if they did not the County can file liens against you, which are not dischargeable.

I hope my answer has assisted you and that you will provide me a positive rating! Please feel free to ask for me by name if you have any other questions in the future.
Customer: replied 1 year ago.

House was discharged in 2008 and because the bank never took my name off of deed I can't
Buy a house for two years why should I suffer for there mistake

Jim

Expert:  Elizabeth Prentice replied 1 year ago.
Unfortunately, this situation happens quite frequently. It is not necessarily that you can not buy a house for two years. Technically, anyone can buy a house if they have the money to do so. Unfortunately, it may be that you are unable to buy a house without a mortgage and a mortgage company may not wish to lend to you, based on your credit or financial picture. The most important thing to do, is to make sure to contact the mortgage company that was discharged to get your name off the deed. This should begin the process of clearing up your credit and building a strong foundation on which you can obtain a mortgage. Next, you may want to examine different programs at makinghomeaffordable.gov. There are programs offered by the government which may assist you in obtaining a mortgage and new home. Additionally, you may wish to report this mortgage lender who failed to take you off the deed when contacting the customer service reps at the foregoing website. They will be able to provide you further information. I hope my answer has assisted you and that you will provide me a positive rating so I may receive credit for my time!

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Elizabeth Prentice
Elizabeth Prentice
97 Satisfied Customers
Managing Attorney for one of the largest consumer bankruptcy firms in America.