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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37395
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Due to some medical problems, I experienced financial difficulties

Customer Question

Due to some medical problems, I experienced financial difficulties which resulted in my house going into foreclosure and was sold without my knowledge December 2, 2014. I was made aware of the sale of my home in January 2015 when a Constable came to my door with a notice to vacate.
Since that time, I have spoken with an attorney and filed 3 TRO's which expired June 20th. I have also located an Investor who is willing to purchase the house and sell it back to me, Owner-Financed. However, the Purchaser has stated they would stop the Writ of Possession if I file bankruptcy. At that time, they will sell the house back to the bank so that the bank can sell it to the Investor.
Today I met with a Bankruptcy Attorney who advised they have never heard of proceedings in that order. Do you have any recommendations? If so, I would greatly appreciate it.
PR Brown
FBC Texas
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Bankruptcy is designed to put a hold on your debts, and on lawsuits that are still pending. However, if you were already served a writ of possession, filing a bankruptcy petition will not stop the eviction from going forward.
Someone else already owns the house if the foreclosure sale has already taken place. It may be the bank that ended up with the property, but that is already done and cannot be undone. You can't take the property from the new owner, whether they are the bank or a private party, and it sounds like you are getting really bad information from the investor.
I see no benefit to you filing bankruptcy in terms of you being able to get the property back.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Expert:  LawTalk replied 1 year ago.
This seems like a very serious situation for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
Thanks in advance,
Doug

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