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eviction, serial bankruptcy filer, and now tro

Resolved Question:

Hi its me again with the eviction and serial bankruptcy filer.


 


They plan on suing the banks and me for wrongful foreclosure at the district court. So it is not the same judge as before. I'm really worried what will happen if the judge signs the TRO? What can I do to reverse that?


 


They have hired a foreclosure specialist attorney. They submitted a 40-60 page analysis on why it was wrongful foreclosure. What will happen if they do somehow find out that the foreclosure was wrong? Will they take away my property away from me? (I read it was unlikely but is possible) Will I have to sue to banks for selling me a defective property deed if they take the property away from me?


 


So many questions, but I will ask this for now.

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - thanks for your post!

The good news is that you should not be liable for the foreclosure - - you were just the purchaser as the sale, so there should be no liability on you regarding the foreclosure. The worst case scenario for you would be if the foreclosure was found to be illegal, the transaction would be reversed and you should be entitled to your money back.

If suit is filed, you should discuss with your attorney the possibility of filing a counter-claim against the mortgage company to repay you all of your costs and fees IF the court finds the foreclosure was improper/illegal.

In order for a court to enter a temporary restraining order, the judge usually requires a bond to be posted for 125% of the amount at issue so if the claim is not legitimate, the party has liability to the other parties. If the court requires a bond, it may stop him from filing this.

IF the court grants the TRO, it may stay in effect until the court determines the case. But, the court will require adequate proof before allowing the TRO. If this happens, all you can do is object and claim that the TRO is just a stalling tactic, that if the TRO is granted, that a bond be obtained by the former owner and that in the even there is a finding of an improper foreclosure, then you should be reimbursed by the lender

Customer: replied 1 year ago.

I believe it is just a delaying tactic, but I am not too sure. I just don't understand why they would file bankruptcy over and over again destroying their credit instead of suing the banks earlier. The analysis report was done on May 9.


 


If TRO was not issued and I ended up getting possession next week, what will happen if I end up selling the home? (Before the court determine it was wrongful foreclosure)

Expert:  Roger replied 1 year ago.
If the TRO isn't granted, and you end up selling the property, no liability should exist to you. The worst case scenario should be that the transaction would be reversed if it were found to be a wrongful foreclosure. But, you should be entitled to your money back from the lender.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26430
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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