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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My property was foreclosed on July 2009......the bank who claim

Customer Question

My property was foreclosed on July 2009......the bank who claim to have bought it is seeking possession of the property. But, I have placed the property into my trust and recorded a new warranty deed. Can the bank still claim possession if this deed has been recorded?
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Absolutely, if the trust is deemed to be "revocable". That is because the ultimate owner of the debt is still you, and you cannot transfer a property that you no longer own. If the property was truly foreclosed upon in July, you cannot simply record a new deed in October, as you are no longer the legal owner.

I am sorry.

Edited by Dimitry Alexander Kaplun on 6/1/2010 at 6:50 AM EST