How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6848
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
18215332
Type Your Legal Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

On my last answered question from Can an unsigned NOTE and

Customer Question

on my last answered question from Can an unsigned NOTE and DOT (clouded) be avoided in a chapter 13 or 7 and stop the bank from pursuing forclosure
Submitted: 7 months ago.
Category: Legal
Expert:  Irwin Law replied 7 months ago.
I am not sure what you mean by an unsigned note and deed of trust. Do you mean that you never took out a loan & loan documents? Please provide more details about your situation. Thanks.
Customer: replied 7 months ago.
MY WIFE OF 28 YRS REFINANCED THE HOME IN 2009, HOWEVER, AS A SPOUSE IN TX, I NEVER SIGNATURED THE "DEED OF TRUST" NOR DID I EVER "SIGNATURE THE NOTE", YOU SAID, IN TEXAS THIS POSSIBLY COULD BE A CLOUD ISSUE IN TITLE. MY QUESTION IS, IF THERE IS A CLOUD IS IT POSSIBLE THAT IT CAN POSSIBLY be avoided in a chapter 13 or 7 and stop the bank from pursuing forclosure MY HOUSE NOTE IS TO FAR BEHIND RIGHT NOW.
Expert:  Irwin Law replied 7 months ago.
The short answer to your question is that bankruptcy, being a federal court, does not get involved with matters that involve real estate rights. Those are state court matters. If you feel that the promissory note and deed of trust are invalid due to the lack of your signature, that defense must be raised in the State court foreclosure proceeding, not in bankruptcy court.

Related Legal Questions