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DrakeLAW
DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 689
Experience:  Attorney at Drake Law Firm PLC
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I ’t know if you can help me, but I am so frustrated with

Customer Question

I don’t know if you can help me, but I am so frustrated with BOA. My MIN#(###) ###-####3215132501-2 I have been fighting with BOA for over six years. I could give you the whole story, but I am sure you have heard it before.  My issue is after 6 years of Chapter 13, mine was converted the last month to a Chapter 7, and now BOA said I owe $83,000.00 and have transferred my mortgage to NorthStar Bank. I sent BOA a Wet Ink Signature document, Proof of claim, Petition for a verification of debt, filed a Notice of Default and cease, and they never were able to produce my note and the documents are filed at the Cass County Courthouse; they quit accepting my payments except for what the trustee was paying, remove all signs of the mortgage from my credit report, and MERS is showing inactive. They have filed nothing at the courthouse on the mortgage. I received a Letter 3 years ago basically saying they would not forclouse on us, and I received a small settlement from National Mortgage Review.What should I do? Do you think the house is free and clear?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed? The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: well my ex bankruptcy attonery but they werent getting anywhere with BOA
JA: Anything else you think the lawyer should know?
Customer: not that I can think of. I have a stack of files about all this.
Submitted: 10 months ago.
Category: Legal
Expert:  DrakeLAW replied 10 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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I doubt the property is free and clear. Only way to know is do a search in your County Recorder records to see if the lien itself was released. Or have a title search done. My suspicion is that they have dropped the ball on the note and perhaps won't collect on it but the lien still exists on the property which will make sale or refinance very difficult.