The trustee told me that if they didnt record a lien prior to my petition
for Bankruptcy then it is unsecure and he will sell that house because the HELOC is $100k and the house would sell for $280-$300k maybe, (italics added)...is that what you say for emphasis in legal jargon?
The first which was never recorded and they do not have an endorsement with the Lender who I signed the Note and Deed of Trust with, therefore they have no standing legally, right?
2.The house I am living in is currently recorded to a debt collector, a servicer that had the mortgage transferred to them after the foreclosure was filed therefore arent they just an unsecured debt collector? their papers say "debt collectors."
3. If I use my Homestead exemption on the house that has a foreclosure stayed and the Trustee leaves it alone, then is the debt discharged because it is my homestead?
4. If I am able to keep it as my Homestead, can I still file a Complaint and actions against the servicer and lender? Or would I do that after the bankruptcy is discharged? I thought it would be an adversarial hearing
Thank you for your response, What secures their lien? Is it called a lien when referring to a mortgage deed of trust?