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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27686
Experience:  25 years experience
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I have filed bancruptcy in 2009 and surrended my house too.

Customer Question

I have filed bancruptcy in 2009 and surrended my house too. My mortgage company kept sending me bill for a year after that, then I called them and they stopped. Later I have contacted the bank to do deed-in-lieu to get my name of the property because they don't want to foreclose on it. But They started sending me bills again in the mail and email. is this legal or should I sue them ?.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
If you surrendered your house in 2009 why would you have to do a deed in lieu at this time?
How could you still own the property if you gave it up 4 years ago?
Customer: replied 1 year ago.


That is same question I was asking with no answer. My credit shows mortgage has been discharged but my name is XXXXX XXXXX the property and that's only reason I tried to do deed in lieu because its stopping my of getting new mortgage

Expert:  Dave Kennett replied 1 year ago.
Are you still living in the property?
Are you trying to get a mortgage on some other property?
Customer: replied 1 year ago.

No, I don't live there anymore. I have been renting since November 2010 and just recent tried to see if I can get pre-qualified for new mortgage, but they said I can't get new mortgage because my name is XXXXX XXXXX other property.

Expert:  Dave Kennett replied 1 year ago.
This really makes no sense. You can sign a quit claim deed and have it delivered to the former lender but my guess is that you are being denied a loan because you filed a recent bankruptcy. What I would suggest to do first is to check your county real estate records to see if, in fact, you are on the deed. If you are then I can explain in a bit more detail what you would need to do but if you are not on the deed then the current mortgage company is giving you the wrong reason for denying the loan. Please let me know.
Customer: replied 1 year ago.


I was told my credit score is good and everything is fine. But that just my name is XXXXX XXXXX property that is the problem. If I look up tax records for the property my name is XXXXX XXXXX XXXXX never was foreclosure for that property. When I look on clerk website there is no lawyer assigned to the foreclosure case. I can still login onto mortgage website and still showing my mortgage on there like I haven't filed for bankruptcy. And I'm still listed in count tax appraiser website as owner.

Customer: replied 1 year ago.

I was told my credit score is good and everything is fine. But that just my name is XX XXXXXXX property that is the problem. If I look up tax records for the property my name is XXXXX XXXXX. There never was foreclosure for that property. When I look on clerk website there is no lawyer assigned to the foreclosure case. I can still login onto mortgage website and still showing my mortgage on there like I haven't filed for bankruptcy. And I'm still listed in count tax appraiser website as owner.

Expert:  Dave Kennett replied 1 year ago.
If that is the case you are still the owner of the property and you could sell the property and pay off the mortgage. I have no way to do an abstract of title from this website but that is the next step in the process. Any real estate title company can do this for you and that would give you the necessary information so you know exactly where you stand with respect to the property. Based on your information the only thing I can tell you from here is that you are still the owner and no one has ever done anything about the property. You certainly can give up ownership by filing a quit claim deed if that is what you want to do.

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