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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17150
Experience:  B.A.; M.B.A.; J.D.
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We are fighting the bank years now, the lawyer we had didn't

Customer Question

We are fighting the bank for 6 years now, the lawyer we had didn't solve anything, now my name is ***** ***** deed and not on the mortgage the mortgage is under my brothers name so he did bankruptcy and kept the home, so the bank is trying to come after me my mother and my other brother who is not on the deed or is not on the mortgage but my mom is on the deed they tried to forclose and we sent documents to the state of Nj because everything the banks lawyer did was not right according to the forclose act so now we have judgements sent to me my mom and my other brother but not to my brother who's name is ***** ***** mortgage what can you say about that.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. is there a lien on the home due to the mortgage?

Customer: replied 7 months ago.
We owe the bank more than the home is worth we tried to modified the mortgage all the paper work with the bank is screwed up we had a gmac mortgage and now the bank who got the mortgage changed names aging we never received any letter stating who has the mortgage so what I am asking is why are the sending judgement letters to me and my mom and my brother when the mortgage is on my other brothers name
Expert:  Phillips Esq. replied 7 months ago.

A different Professional here.

The letters are being sent to you, your mother, and brother because you are either occupying the property or your names are ***** ***** Deed. However, you are not legally responsible for the debt.

The notice is not being sent to your other brother whose name is ***** ***** mortgage because of his bankruptcy filing. His personal obligation on the Note has been discharged. If the letter is sent to him, that would be a violation of his bankruptcy discharge injunction and the lender can be sued for willful violation of the bankruptcy Code. However and more importantly, the mortgage was NOT discharged in bankruptcy, what was discharged was your brother's personal obligation for the mortgage. This means that if the property was foreclosed for less than the mortgage, the lender CAN NEVER come after your brother for the deficiency.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.

Customer: replied 7 months ago.
How can we go about fixing this problem we want to keep the house can you direct me in the direction I need to go and who to see
Expert:  Phillips Esq. replied 7 months ago.

The only way to fix the problem is try to negotiate assumption of the loan from the lender or refinance the loan to pay off the mortgage and take your other brother's name off the mortgage. You can retain the services of a local consumer Attorney to assist you with this matter.

You can use the following sites to find local consumer Attorneys:

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