Real Estate Law
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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?
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.
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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: