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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31591
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed 7 back in November of 2013 in llsborough county,

Customer Question

I filed for Chapter 7 back in November of 2013 in Hillsborough county, Florida. While under the Chapter 7 the trustee sold the tile to the house for 10.00, but the Chapter 7 converted to a Chapter 13 in December and ended up getting dismissed. The mortgage company claims I still owe the entire amount and is now adding interest in a home which is being rented out by the grantee. I stayed for 5 months and paid rent, threatening to have me evicted if rent was not paid. I left after giving them proper notice and they are renting it out to this day. Who owns the property? The property assessor has it under the grantee name. How do I get this resolved. The proceedings have started for foreclosure. Do I need to hire a lawyer and if so what type of lawyer should I retain?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Roger replied 10 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Customer: replied 10 months ago.
I was getting the paperwork for the foreclosure, but I don't know where I stand with the ownership of the house. As you can see, the Trustee sold it, but it ended up falling through. What do I do now, especially with the current mortgage company. Do they really own the house just having the title? How does this work?
Customer: replied 10 months ago.
I contacted my bankruptcy lawyer and she didn't seem to know what to do. She told me that she had never seen anything like this happen. She told me to contact the chapter 7 trustee. When I finally got in contact with her, I explained the situation and she immediately shut down and refused to talk with me. She said I should talk to my lawyer. I' m stuck in the middle of this. The title was sold for 10.00. How can they own the house for this and refuse to pay the mortgage payment?
Expert:  Roger replied 10 months ago.

If the house has not been foreclosed on, then you should still be the owner of the property.....you can check the land records to determine whether the title is still held in your name or someone else's.

Expert:  Roger replied 10 months ago.

If the trustee's sale fell through......and if the bankruptcy didn't resolve the debt or get a discharge for you.....then you would likely still own the property and owe the balance. If the lender is beginning foreclosure now, it is likely that you still do own the property AND that you didn't receive a discharge for the debt.

Customer: replied 10 months ago.
I have checked with the Hillsborough property appraiser and the grantee is the new
owner of the house, but I was told by GreenTree Mortgage that I am responsible for the entire mortgage. The bankruptcy was dismissed. How do I fix this? The Property appraiser has them as the new owners. Do they have the right to collect rent. Can I sue anyone for this.... the trustee or the new owner. What do I do with the mortgage company?
Customer: replied 10 months ago.
I filed for Chapter 7 back in November of 2013 in Hillsborough county, Florida. While under the Chapter 7 the trustee sold the tile to the house for 10.00, but the Chapter 7 converted to a Chapter 13 in December and ended up getting dismissed. The mortgage company claims I still owe the entireamount and is now adding interest in a home which is being rented out by the grantee. I stayed for 5 months and paid rent, threatening to have me evicted if rent was not paid. I left after giving them proper notice and they are renting it out to this day. Who owns the property? The property assessor has it under the grantee name. How do I get this resolved. The proceedings have started for foreclosure. Do I need to hire a lawyer and if so what type of lawyer should I retain?
Expert:  Roger replied 10 months ago.

The loan is usually paid off at the time the title is transferred.....but if it wasn't, and if you didn't receive a discharge of your mortgage debt in bankruptcy, then you should still owe the balance on the mortgage.

Expert:  Roger replied 10 months ago.

It is highly unusual for the property's title to transfer without the mortgage being paid off or paid down.

Customer: replied 10 months ago.
the grantee owns the title of the house for 10.00 and has made thousands off of rent since November of 2013 (1500 month). How is this legal? So I do I get this resolved?
Expert:  Roger replied 10 months ago.

The $10 is likely not the purchase price.....that's just what people put on deeds to meet the requirements of a contract (consideration (money)) is required for a valid contract.

Customer: replied 10 months ago.
It was originally put down at the property appraisers office at 2500. What do I do now? Should I contact the new morgage company. Green Tree sold it to Ditech. What do I tell them. Should I retain a lawyer? What are my rights?
Expert:  Roger replied 10 months ago.

You're best served to take a look at the title in the land records clerk's office to find out who deeded the property and when it was transferred.....and also see if the mortgage was mentioned or addressed in the deed.

Expert:  Roger replied 10 months ago.

You should also consult a local lawyer about this issue as it is very unusual -- especially if the trustee somehow sold the house while you were in bankruptcy and didn't get a fair value to pay off or pay down your mortgage debt.

Customer: replied 10 months ago.
I have a copy of the Trustee's Deed. The Chapter 7 Trustee deeded the property on the 13th of November, 2013 to the current grantee ECTR 1 LLC out of Orlando. What kind of lawyer do I need to contact?
Expert:  Roger replied 10 months ago.

You should also consult a local lawyer about this issue as it is very unusual -- especially if the trustee somehow sold the house while you were in bankruptcy and didn't get a fair value to pay off or pay down your mortgage debt.

Customer: replied 10 months ago.
The mortgage company has added 65000 in late fees to the original loan. What type of lawyer should I contact? Who handles this type of law?
Expert:  Roger replied 10 months ago.

You'd be best served with speaking to a real estate attorney that handles closings and transactions.....he/she can determine the status of the title, your obligations and the best thing to do after reviewing the records.

Customer: replied 10 months ago.
I appreciate your advice. I will contact a lawyer promptly. Is there anything I should ask when speaking to this type of lawyer, since you are a real estate lawyer also?
Expert:  Roger replied 10 months ago.

If it turns out that the debt is not satisfied by the foreclosure sale proceeds, then you may have to file bankruptcy again in order to avoid the deficiency amount.

Customer: replied 10 months ago.
it is possible I might be responsible for the remainder of the debt, if it is not satisfied? Is there anyway to get the mortgage company to stop adding to the debt?
Customer: replied 10 months ago.
Your advice would be to talk to a lawyer first, before I contact the mortgage company?
Expert:  Roger replied 10 months ago.

The best thing you can do is tell the lawyer what is going on and ask him/her to review the land records and inform you what your current situation is and where to go from here.....it may be best to let the foreclosure complete and then decide what -- if anything -- is needed to be done.

Customer: replied 10 months ago.
Thank you for the advice.
Expert:  Roger replied 10 months ago.

No problem and good luck with this!

Expert:  Roger replied 10 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!