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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2528
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I have filed a Chapter 7 B.K. The Servicer of a mortgage loan

Resolved Question:

I have filed a Chapter 7 B.K. The Servicer of a mortgage loan was listed on schedule F as unsecured. The Trustee said he would make them prove their claim at my 341 meeting. He did not. B.K. discharged with no proof of claim. Trustee said no asset case.
There are many cases where people are requesting proof of claim (b12) and person making the claim could not prove so Trustee sold house to pay off bills.
My Trustee after he said he would require proof of claim at the 341 meeting he did not.
He said no asset case. How does he have the power to establish that the servicer has a valid lien (he did because he did not make them prove their claim as he stated).

Can I have my case reopened and make him sale the property - If so I will hire an attorney for help but needed to know if it can happen.

Can I open case - Force trustee to require proof of claim
I know they get a portion of the sale of the house so why would he keep his word.

I will tip :)
Submitted: 12 months ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 12 months ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

You cannot force the trustee to liquidate an asset.

Terry L. :

Trustee's can at times make a lender prove their lien.

Terry L. :

He can check the assignments and if invalid, or not recorded properly, he can order them void, and they would become unsecured.

Terry L. :

Once determined unsecured, then the trustee can sell the home to pay the creditors.

Terry L. :

Do you want the trustee to sell your house?

Terry L. :

I'm wondering if the creditor sent documents to the trustee directly to help trustee decide not to pursue that.

Customer:

Yes I do want him to sell the house

Customer:

let me give you more here it comes

Customer:

the servicer - who is not the Trust who claims to own the house is who is claiming a secured interest

Customer:

I am a banker- so i did a lot of research

Customer:

i showed the Trustee where AIG paid off the loan that was in the Trust claiming to own the note (i gave him the letter straight from the SEC)

Customer:

There is so much fraud in my case and I showed the Trustee. The department of justice came to my 341 meeting

Customer:

they told him to make the servicer prove there claim

Customer:

then he said 2 months later - he will not (out of no were)

Customer:

i don't want to bore you but i can give you lots of details if it help if you like

Customer:

The assignment of mortgage done by MERS violates the PSA (Trust Agreement) and no one has the authority to act outside the scope of the truste agreement. The MERS assignment alone is evidence of that. The note didn't make it to the Trust. All I asked the Trustee to do is make them prove their claim... He said he would then he didn't ???? There is a lot to this story. but proof of claim was requested. I did not conecced in my filing so why did he not keep his word.

Customer:

can i reopen case with an attorney and have him keep his word or is it to late once discharge has taken place. it seems like he made a legal decission that their claim was valid. even with my request for proof and the evidence i provided to him. there is a lot of evidence.

Customer:

I try not to give to much about the case because I find people try the case instead of giving me procedure... They say she can't win so they give me reason why i wont win. :( Trust does not own the note. Servicer assigned the note to the Trust (wierd). The Trust has a Pooling & Servicing Agreement which says NO ONE can do any acts that would violate their tax status. Yet an assignment made to the Trust by the servicer 3 years after the cut off date is a violation of the Trust PSA. The servicers is not a real part nor do they represent the real party. I can prove this and did to the Trustee but he did a u turn on me.

Terry L. :

I've never seen a case where the debtor asks the trustee to liquidate the asset.

Terry L. :

You may want to file suit in state court to clear title, if what you are saying holds true, the state court can invalidate the lien on the property. if you did not reaffirm the debt, the lien is gone, and the debt is gone, and the asset would be yours to keep.

Terry L. :

if the trustee passed, that's his problem, for you would be better off to keep 100% of the asset yourself!

Terry L. :

Follow my thought process?

Terry L. :

Let me know if you have any further questions.

Customer:

that is what the US dept of Trustee said to me. I am ill... and i just wanted the trustee to do it. i didn't mind paying the cost it's just like paying for a service...

Customer:

i have to now sue on my own learn court rules and ect... cause they can get u on rules alone.

Customer:

i have been fighting for 7 years now. i made a criminal complaint to the fbi and the dept of justisce as soon as i did that

Customer:

chase sold servicing rights... lol... im like geeezz... lol

Customer:

i would rather the trustee do the work...

Customer:

so it can't be opened back up huuuu????? i have no more option once it's discharged?

Customer:

THANKS FOR YOUR ANSWER..... AND YOUR THOUGHTS....

Terry L. :

I've never seen it. You can pay a fee to reopen i suppose, and bring a motion for the court to direct the trustee to liquidate the asset, but that is a long shot. You would basically have to prove the trustee's case for him in the motion first. It's highly unusual to do this.

Terry L. :

Have you talked to the trustee yourself to see what he thinks?

Terry L. :

maybe he forgot?

Terry L. :

Trustees have reopened cases when they determine there were assets to liquidate. Maybe chirp in their ear and they will revisit the case?

Terry L. :

Most debtors are thrilled that the trustee doesn't sell their home.

Terry L. :

Let me know if you have any other questions

Terry L. :

Terry

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2528
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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